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

Filing 438

Declaration re 433 Opposition, 432 Opposition, 434 Opposition, of Margaret P. Kammerud in Support of Defendants' Opposition to Plaintiff's 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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Noona, Stephen)

EXHIBIT B

Page 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
---------------------------------x
I/P ENGINE, INC.,
Plaintiff,
v.

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

GOOGLE INC.,
Defendant.
---------------------------------x
CONFIDENTIAL - ATTORNEYS' EYES ONLY
Videotaped 30(b)(6) Deposition
of
JAIME G. CARBONELL, Ph.D.
Washington, D.C.
Friday, September 21, 2012
9:04 a.m.

Reported by:

Amy E. Sikora, RPR, CRR, CSR-NY, CLR

Job No. CS1338951

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Page 185
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itself.

2

versus multistep local optimization was not

3

something that was known to someone in ordinary

4

skill in the art in 1998.

5
6
7

Q.

10

Okay.

We're getting to the end of the

tape, so -A.

8
9

And the notion of joint optimization

Okay.
THE VIDEOGRAPHER:

approximately 2:17 p.m.
No. 3.

The time is

This is the end of media

We are off the record.

11

(Recess taken.)

12

THE VIDEOGRAPHER:

13

approximately 2:27 p.m.

14

media No. 4.

15

The time is

BY MS. PEARSON:

16
17

Q.

This is the beginning of

We are on the record.

So if we could go to page 50 of your

report, we marked as Exhibit 1.

18

A.

Okay.

19

Q.

There beginning at 50 and continuing

20

on to page 51 you identify some secondary

21

considerations.

You see that?

22

A.

Yes.

23

Q.

And do you understand that to refer to

24

what's termed sometimes secondary considerations

25

of nonobviousness?
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Page 186
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2
3

A.

That's what it's applied to,

nonobvious, yes.
Q.

Okay.

So in paragraph 191 you refer

4

to commercial success of tightly integrating

5

query content data and collaborative feedback

6

data in the manner taught by the '420 and '664

7

patent.

8
9
10

Do you see that?
A.

Yes.

Q.

And the commercial success that you

11

rely on there is the -- you say the activities of

12

modern search engines including Google.

13

Do you see that?

14

A.

Yes.

15

Q.

Now, do you know that the Google

16

search engine is not accused of infringement in

17

this case?

18

A.

I believe it is the Google ads engine.

19

I do not know the infringement side of this case.

20

I'm only involved in this part.

21

Q.

Right.

And that's -- that's the part

22

that I'm getting to here.

23

referring to the commercial success of modern

24

search engines including the Google, what

25

functionality are you referring to?

So when you're

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Page 187
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A.

Actually, I'm referring to both parts,

2

the standard Google search and the Google

3

ad-related search, ad servers.

4

Q.

Okay.

But just to clarify in your

5

earlier answer, you don't know one way or another

6

whether Google search, standard Google search

7

functionality is accused of infringement in the

8

case; correct?

9
10
11

A.

I just said that it wasn't.

Other

than that, I do not know.
Q.

Okay.

So you haven't reviewed the

12

infringement report, for example, of Dr. Frieder

13

in the case?

14

A.

15
16
17

I'm not under the protective order, so

I believe I'm not allowed to do that.
Q.

Okay.

News to me.

I wasn't trying to

trap you into anything there.

I was just asking.

18

A.

Right.

19

Q.

Have you had any conversations with

20

Dr. Frieder concerning his infringement opinions

21

in this case?

22

A.

Not concerning his infringement

23

opinions.

24

I've had an earlier discussion with Dr. Frieder,

25

at that time we were deciding to participate in

They have come via the attorneys.

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this.

2

formed.

3

Q.

When was that?

4

A.

Last year.

5

Q.

And just generally speaking, what was

But that was prior to any opinions being

6

the subject matter of that earlier conversation

7

with Dr. Frieder?

8
9

MR. JACOBS:

I will caution not -- the

witness not to reveal the content of any

10

privileged communications, to the extent there

11

may have been any attorneys present during the

12

time that you would have had these conversations.

13

THE WITNESS:

Okay.

I think -- I do

14

not believe that this -- it's a brief

15

conversation and I do not believe it was

16

privileged.

17

A.

It was simply meeting at a scientific

18

meeting.

19

coincidence.

20

such a coincidence.

21

But I did not know ahead of time that he was

22

going to be there nor he knew that I was going to

23

be there necessarily, and we discussed briefly

24

that -- that we were in the process at that time

25

of being engaged in this process, and that one of

We were both there as kind of a
We were both -- well, maybe not
We're in the same field.

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