I/P Engine, Inc. v. AOL, Inc. et al
Filing
448
NOTICE by I/P Engine, Inc. of Motion to Seal Plaintiff I/P Engine, Inc.'s Opposition to Defendants' Motion in Limine #4 along with Exhibits 1 and 2 (Sherwood, Jeffrey)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
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Plaintiff,
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v.
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AOL, INC. et al.,
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Defendants.
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__________________________________________)
I/P ENGINE, INC.,
Civ. Action No. 2:11-cv-512
NOTICE OF MOTION TO SEAL PLAINTIFF I/P ENGINE, INC.’S OPPOSITION TO
DEFENDANTS’ MOTION IN LIMINE #4 TO PRECLUDE PLAINTIFF FROM
OFFERING EVIDENCE OR ARGUMENT RELATING TO DEFENDANTS’ CONDUCT
DURING DISCOVERY OR TO GOOGLE’S UNPRODUCED LICENSES ALONG WITH
EXHIBITS 1 AND 2
PLEASE TAKE NOTICE THAT Plaintiff I/P Engine, Inc. (“I/P Engine”), pursuant to
Rule 5 of the Local Rules of Practice for the U.S. District Court for the Eastern District of
Virginia, have moved the court for leave to file under seal its Opposition to Defendants’ Motion
in Limine #4 to Preclude Plaintiff from Offering Evidence or Arguments Relating to Defendants’
Conduct During Discovery or to Google’s Unproduced Licenses along with Exhibits 1 and 2.
Grounds and authorities for this Motion are set forth in I/P Engine’s Memorandum in Support of
Motion to Seal. The afore-mentioned contains information marked as confidential by
Defendants and, under the Protective Order (D.I. No. 85), should be filed under seal. The
information contained in this exhibit contains Google’s proprietary and confidential information.
Before this Court may seal Court documents, it must (1) provide public notice with an
opportunity to object; (2) consider less drastic alternatives; and (3) state specific findings in
support of a decision to seal and reject alternatives to sealing. See, e.g., Flexible Benefits
DSMDB-3102123
Council v. Feldman, No. 1:08-CV-371, 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov 13, 2008)
(citing Ashcroft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)).
In compliance with Local Rule 5 of the Rules of this Court, the Court posts the following
notice to the public: “This serves as public notice that I/P Engine has moved to file under seal its
Opposition to Defendants’ Motion in Limine #4 to Preclude Plaintiff from Offering Evidence or
Arguments Relating to Defendants’ Conduct During Discovery or to Google’s Unproduced
Licenses along with Exhibits 1 and 2. Objections to this Motion should be filed in the Civil
Section of the Clerk’s Office. The Notice will be posted for a minimum of forty-eight (48)
hours.”
Dated: September 27, 2012
By: ___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: (757) 623-3000
Facsimile: (757) 623-5735
Jeffrey K. Sherwood (Virginia Bar No. 19222)
Frank C. Cimino, Jr.
Kenneth W. Brothers
DeAnna Allen
Charles J. Monterio, Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
Counsel for Plaintiff I/P Engine, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that on this 27th day of September, 2012, the foregoing NOTICE
OF MOTION TO SEAL PLAINTIFF I/P ENGINE, INC.’S OPPOSITION TO
DEFENDANTS’ MOTION IN LIMINE #4 TO PRECLUDE PLAINTIFF FROM
OFFERING EVIDENCE OR ARGUMENT RELATING TO DEFENDANTS’ CONDUCT
DURING DISCOVERY OR TO GOOGLE’S UNPRODUCED LICENSES ALONG WITH
EXHIBITS 1 AND 2, was served via the Court’s CM/ECF on the following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
senoona@kaufcan.com
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
robert.burns@finnegan.com
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
cortney.alexander@finnegan.com
/s/ Jeffrey K. Sherwood
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