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

Filing 329

Declaration re 327 MOTION to Exclude (Preclude) Dr. Ophir Frieder From Testifying Regarding Untimely Opinions that were Not Disclosed in his Original Expert Report and Opinions that he Now Concedes are Incorrect MOTION to Exclude (Preclude) Dr. Ophir Frieder From Testifying Regarding Untimely Opinions that were Not Disclosed in his Original Expert Report and Opinions that he Now Concedes are Incorrect of Jennifer Ghaussy 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)(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 JENNIFER GHAUSSY IN SUPPORT OF DEFENDANTS’
MOTION TO PRECLUDE DR. OPHIR FRIEDER FROM TESTIFYING REGARDING
UNTIMELY OPINIONS THAT WERE NOT DISCLOSED IN HIS ORIGINAL EXPERT
REPORT AND OPINIONS THAT HE NOW CONCEDES ARE INCORRECT
I, Jennifer Ghaussy, declare as follows:
1.

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

counsel for Defendant Google Inc. (“Google”) 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 A is a true and correct copy of an email exchange between Jen

Ghaussy and Charles Monterio et al. spanning July 10 through July 12, 2012.
3.

Attached hereto as Exhibit B is a true and correct copy of a letter from Charles J.

Monterio, Jr. to Emily O'Brien dated June 27, 2012.

4.

Attached hereto as Exhibit C is a true and correct copy of Plaintiff I/P Engine, Inc.'s

Notice of Deposition of Bartholomew Furrow dated July 9, 2012.
5.

Attached hereto as Exhibit D is a true and correct copy of an email exchange between Jen

Ghaussy and Charles Monterio et al. spanning July 9 through July 19, 2012.
6.

Attached hereto as Exhibit E is a true and correct copy of Plaintiff I/P Engine, Inc.'s

Notice of Deposition of Gary Holt dated August 8, 2012.
7.

Exhibit F was intentionally omitted.

8.

Attached hereto as Exhibit G is a true and correct copy of excerpts from the September 6,

2012 deposition of Ophir Frieder, Ph.D.
9.

Attached hereto as Exhibit H is a true and correct copy of excerpts from the June 21,

2012 deposition of Jonathan Glen Alferness.
I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.
Dated: September 21, 2012
Jennifer Ghaussy

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]

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]

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