I/P Engine, Inc. v. AOL, Inc. et al

Filing 310

Declaration re 307 MOTION in Limine #5 to Preclude Plaintiff From Introducing Evidence of Damages Against AOL Inc., Gannett Co., Inc., IAC Search & Media, Inc. and Target Corporation, 301 MOTION in Limine #2 to Exclude Evidence of Entire Market Value of Accused Products and of Defendants' Size, Wealth and Overall Revenues, 303 MOTION in Limine #3 to Exclude Marketing and High-Level Non-Technical Materials Related to Historical Click-Through Rate, 305 MOTION in Limine #4 to Preclude Plaintiff from Offering Evidence or Argument Relating to Defendants' Conduct During Discovery or to Google's Unproduced Licenses, 299 MOTION in Limine #1 to Preclude Plaintiff From Introducing Evidence of Willful Infringement, Pre-Suit Knowledge, or Copying of Joshua L. Sohn in Support of Defendants' Motions in Limine by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Noona, Stephen)

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EXHIBIT D Jim Grossell From: Sent: To: Cc: Subject: Emily O'Brien Wednesday, August 22, 2012 6:45 PM Monterio, Charles zz-IPEngine; QE-IP Engine; Stephen E. Noona (senoona@kaufcan.com) I/P Engine Email Charles, I write to follow up on our discussion yesterday regarding two outstanding issues, whether Plaintiff will narrow the number of asserted claims in the case and whether Plaintiff would confirm that it is not pursuing a claim for willfulness. We first raised these issues in correspondence of August 9 and 10. We discussed them during our meet and confer of August 14, and during an additional call on August 17. From our call yesterday, I understand that Plaintiff cannot respond on either issue until Monday, when Jeff returns from vacation. We do not understand why no one else on your team can answer these questions, especially as to willfulness given that Plaintiff has never pled willfulness. We expect a response on these issues by Monday. If we are forced to move for summary judgment on the issue of willfulness because of Plaintiff’s failure to respond, we reserve the right to seek costs and fees associated with such a motion. Thank you, Emily Emily O'Brien Associate, Quinn Emanuel Urquhart & Sullivan, LLP 50 California Street, 22nd Floor San Francisco, CA 94111 415-875-6323 Direct 415.875.6600 Main Office Number 415.875.6700 FAX emilyobrien@quinnemanuel.com www.quinnemanuel.com NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message. 1

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