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

Filing 333

MOTION in Limine Plaintiff I/P Engine, Inc.'s Second Motion in Limine to Preclude Non-Comparable License Agreements by I/P Engine, Inc.. (Sherwood, Jeffrey)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
)
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Plaintiff,
)
v.
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)
AOL, INC. et al.,
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)
Defendants.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

PLAINTIFF I/P ENGINE, INC.’S SECOND MOTION IN LIMINE TO PRECLUDE
NON-COMPARABLE LICENSE AGREEMENTS
Pursuant to the Federal Rules of Evidence 401, 402, and 403, Plaintiff I/P Engine, Inc.
(“I/P Engine”) requests that this Court exclude any testimony or other evidence of agreements
that arose under dissimilar and widely divergent circumstances, and cover technologies that are
not in the same field of use. Specifically, I/P Engine requests that this Court exclude any
licenses that Google’s expert has included in his expert report that are not comparable licenses
and any licenses between Google and other third parties that Google’s expert has included in his
expert report solely to support his speculation that Google only enters into lump sum agreements,
despite the fact that Google has no such policy. These licenses include DEX # 14, 15, 26 and
111-119 (discussed in further detail in the accompanying Memorandum in Support of this
motion).
For the reasons set forth in the accompanying Memorandum in Support of Plaintiff I/P
Engine, Inc.’s Second Motion in Limine to Preclude Non-Comparable License Agreements,
precluding any evidence of, reference to, or suggestion of these licenses is the most effective

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way to ensure that this irrelevant and prejudicial information is not considered at trial and does
not confuse the jury.
Dated: September 21, 2012

By: /s/ Jeffrey K. Sherwood
Donald C. Schultz (Virginia Bar No. 30531)
W. Ryan Snow (Virginia Bar No. 47423)
CRENSHAW, WARE & MARTIN PLC
150 West Main Street
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Jeffrey K. Sherwood (Virginia Bar No. 19222)
Frank C. Cimino, Jr.
Kenneth W. Brothers
Dawn Rudenko Albert
Charles J. Monterio, Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone:
[phone]
Facsimile:
[phone]
Counsel for Plaintiff I/P Engine, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on this 21st day of September, 2012, the foregoing PLAINTIFF I/P
ENGINE, INC.’S SECOND MOTION IN LIMINE TO PRECLUDE NONCOMPARABLE LICENSE AGREEMENTS, was served via the Court’s CM/ECF system, on
the following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]

/s/ Jeffrey K. Sherwood

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