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

Filing 321

Declaration re 319 MOTION to Exclude the Testimony of Stephen L. Becker of Nicholas Fox (Public Version) by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Noona, Stephen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
V.

Civil Action No. 2:11-cv-512

AOL, INC., et al.,
Defendants.

DECLARATION OF NICHOLAS FOX IN SUPPORT OF DEFENDANTS' MOTION TO
EXCLUDE THE TESTIMONY OF STEPHEN BECKER
I, Nicholas Fox, declare as follows:
1. I am a Vice President of Product Management at Google Inc. ("Google") where I have been
employed since July 2003.
2. I am providing this declaration in support of Defendants' Motion to Exclude the Testimony
of Stephen Becker. This declaration is based on my personal knowledge.
3. As part of my responsibilities at Google, I was involved in a group called Revenue Force.
Revenue Force was intended to be a way of bringing together the finance, the sales, and
product and engineering people to discuss Google's revenue and revenue forecasts. As part
of the Revenue Force Group, I worked along with others on the creation of certain
PowerPoint presentations.

4. I have reviewed the June 26, 2006 Draft Revenue Force Presentation produced by Google at
bates numbers G-IPE-0484319-G-IPE-0484386. This is an example of one of the
presentations that was created by the Revenue Force Group.

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct to the best of my knowledge.
Executed this

21

day of September, 2012 in Mountain View, California.

I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.

Dated: SeptemberZl, 2012
Nicholas Fox

DATED: September 21, 2012

Is/ Stephen K Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANDLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]

David Bilsker
David A. Perlson
QUINN EMANUEL URQUI1ART &

SULLIVAN, LLP

50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Counsel for Google Inc., Target Corporation,
IAC Search & Media, Inc., and
Gannet Co., Inc.

By: Is/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANDLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Cortney S. Alexander

FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP

3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]

Counsel for Defendant AOL, Inc.

CERTIFICATE OF SERVICE
I hereby certify that on September 21, 2012, I will electronically file the foregoing with
the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF)
to the following:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff I/P Engine, Inc.

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]