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

Filing 323

Declaration re 319 MOTION to Exclude the Testimony of Stephen L. Becker of Emily C. O'Brien by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(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 EMILY C. O’BRIEN IN SUPPORT OF DEFENDANTS' MOTION
TO EXCLUDE THE TESTIMONY OF STEPHEN L. BECKER
I, Emily C. O’Brien, declare as follows:
1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and

am counsel for Defendants Google Inc., IAC Search & Media, Inc., Gannett Co., Inc. and Target
Corp. in the above-captioned case. I provide this declaration upon personal knowledge and, if
called upon as a witness, would testify competently as to the matters recited herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of selected pages from the

July 25, 2012 Expert Report of Stephen L. Becker, Ph.D.
3.

Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the

Deposition Transcript of Stephen L. Becker, Ph.D., dated September 8, 2012.
4.

Attached hereto as Exhibit 3 is a true and correct copy of selected pages from the

August 30, 2012 Report of Defendants' Expert Lyle H. Ungar, Ph.D. Concerning NonInfringement.
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5.

Attached hereto as Exhibit 4 is a true and correct copy of selected pages from the

September 4, 2012 Updated Expert Report of Ophir Frieder.
6.

Attached hereto as Exhibit 5 is a true and correct copy of selected pages from the

Deposition Transcript of Dr. Ophir Frieder, Ph.D., dated September 6, 2012.
7.

Attached hereto as Exhibit 6 is a true and correct copy of selected pages from the

Deposition Transcript of Sanjay Datta, dated June 12, 2012.
8.

Attached hereto as Exhibit 7 is a true and correct copy of selected pages from the

August 29, 2012 Rebuttal Expert Report of Keith R. Ugone, Ph.D.
9.

Attached hereto as Exhibit 8 is a true and correct copy of a document produced

by Google at bates number G-IPE-0867399.
10.

Attached hereto as Exhibit 9 is a true and correct copy of a document produced

by Google at bates number G-IPE-0867400.
11.

Attached hereto as Exhibit 10 is a true and correct copy of a document produced

by Google at bates numbers G-IPE-0218431-48.
12.

Attached hereto as Exhibit 11 is a true and correct copy of a document produced

by Google at bates number G-IPE-0867397.
13.

Attached hereto as Exhibit 12 is a true and correct copy of a document produced

by Google at bates number G-IPE-0867398.
14.

Attached hereto as Exhibit 13 is a true and correct copy of selected pages of a

document produced by Google at bates numbers G-IPE-0484319-G-IPE-0484386.
15.

Attached hereto as Exhibit 14 is a true and correct copy of a document produced

by third party Yahoo! Inc. at bates numbers YAHOO-000035-YAHOO-000040.

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16.

Attached hereto as Exhibit 15 is a true and correct copy of a document produced

by third party Yahoo! Inc. at bates numbers YAHOO-000147-YAHOO-000155.
17.

Attached hereto as Exhibit 16 is a true and correct copy of the European Patent

Office's Espacenet Bibliographic Data for US2006212447 (A1).
18.

Attached hereto as Exhibit 17 is a true and correct copy of selected pages of the

July 31, 2012 Deposition Transcript of Mark Blais, on behalf of Lycos.

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

Dated: September 21, 2012
Emily C. O'Brien

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DATED: September 21, 2012

/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]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
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 Gannett Co., Inc.

By: /s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, 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]

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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.

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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]
11939654v1

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