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)

EXHIBIT H

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF VIRGINIA

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NORFOLK DIVISION

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x

I/P ENGINE, INC.,
Plaintiff,

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: Civil Action No.

v.

: 2:11-cv-512

AOL, INC., et al.,
Defendants.
x

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HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY

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Videotaped Deposition of GOOGLE, INC.,

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By and through its Corporate Designee,

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JONATHAN GLEN ALFERNESS

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Thursday, June 21, 2012

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8:09 a.m.

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Job No.: 21657

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Pages: 1 - 336

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Reported by: Pua McVay, CSR 12868

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And 6.

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MR. PERLSON: Got it. Thank you.

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BY MR. JACOBS:
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Okay. I would like you to turn your attention

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to what's been marked as Alferness Exhibit 4 bearing

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Bates stamp G-IPE-0241639 through G-IPE-0241642. Do you

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recognize this document?

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A

I don't, no.

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Okay. Do you know what a product'communication

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plan is?

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A

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So I know roughly what the language is

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referring to. It is, as it says. This is a plan for how

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folks planned to communicate externally the changes that

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are encompassed or -- yeah, the changes that would happen

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as a result of a launch or a change to one of our

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products or systems.

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When you say externally, to whom externally

would this be communicated?

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Primarily to advertisers.

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Okay. I want to turn your attention to the

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first question under

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see that?

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Yes.

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•

It says:

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Do you

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MR. PERLSON: Objection. Form.

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THE WITNESS: So we need to keep in mind that

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this is not a technical document at all. This is a

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marketing document. So what's being described here is

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not a true mathematical formula as it would relate to how

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the ad system operates. This is meant to give

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advertisers, yeah, a high level feel for how the system

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works. So it's meant to give advertisers, in the way

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that we can best describe and explain to, you know, many,

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many non-technical folks out there, you know, at a high

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level what Quality Score is. So I would describe this

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more as Quality Score. Yeah, this is not a formula in

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and of itself. This is merely a means of communicating

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to advertisers.

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BY MR. JACOBS:

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Well,

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is that -A

Again, if you think about having to communicate

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this to thousands -- hundreds of thousands of lay people,

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the notion of trying to communicate a predicted

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click-through rate was thought, at least at the time, to

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be too challenging so folks used the proxy of talking

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Q

When you say at the time, it shows
Is that what you mean,

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around that time?
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Yeah. Yeah. And I'm trying to make the

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distinction because to some extent, in more recent terms,

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Q

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that mean?

What does

What abou

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MR. PERLSON: Objection. Form.

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THE WITNESS: So again I think what folks are

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talking about here is trying to explain to advertisers at

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a high level

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d

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And largely what it feels

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like is being described here is

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