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

Filing 460

Opposition to 319 MOTION to Exclude the Testimony of Stephen L. Becker filed by I/P Engine, Inc.. (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)(Sherwood, Jeffrey)

Exhibit 9 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
I/P ENGINE, INC.,
No. 2:11-cv-00512-RAJ-FBS
Plaintiff,
Jury Trial Demanded

v.
AOL, INC., GOOGLE INC., IAC SEARCH &
MEDIA, INC., GANNETT COMPANY,
INC., and TARGET CORPORATION,
Defendants.

DEFENDANT GOOGLE INC.’S OBJECTIONS AND RESPONSES TO PLAINTIFF I/P
ENGINE, INC.’S FOURTH SET OF INTERROGATORIES
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendant Google Inc. hereby
objects and responds in writing to I/P Engine, Inc.’s Fourth Set of Interrogatories as served on
June 14, 2012.
GENERAL OBJECTIONS
Google makes the following general objections to each and every definition, instruction,
and interrogatory made in I/P Engine’s Fourth Set of Interrogatories to Google. Each of these
objections is incorporated into the Specific Objections set forth below, whether or not separately
set forth therein. By responding to any of the interrogatories or failing to specifically refer to or
specify any particular General Objection in response to a particular interrogatory, Google does
not waive any of these General Objections, nor admit or concede the appropriateness of any
purported interrogatory or any assumptions contained therein.
1.

Nothing in these responses should be construed as waiving rights or objections

that might otherwise be available to Google nor should Google’s responses to any of these

01980.51928/4864563.1

1

SPECIFIC OBJECTIONS AND RESPONSES

INTERROGATORY NO. 15:
For Google’s U.S. Based Properties, from January 1, 2002 to the present, provide a chart
identifying (in U.S. dollars) actual gross and net profits and losses and Google’s costs on a
monthly or quarterly basis, associated with the Accused Products, identifying all documents and
other evidence Google will rely upon to support its response and each person who will testify as
a witness at trial in support of Google’s contention.

RESPONSE TO INTERROGATORY NO. 15:
Google incorporates here its General Objections above by this reference. Google objects
to this interrogatory on the grounds that: (i) it is overbroad and unduly burdensome; (ii) it is
vague and ambiguous with respect to the phrases “Google’s U.S. Based Properties” and
“associated with the Accused Products”; (iii) it seeks information that is irrelevant, immaterial or
not reasonably calculated to the discovery of admissible evidence; (iv) it is premature including
because Plaintiff has disclosed no theory of damages; (v) is not limited to a relevant scope of
time; and (vi) is duplicative of other discovery requests previously served. Google further
objects to this interrogatory to the extent it seeks discovery of information protected from
disclosure by the attorney-client privilege, the work-product doctrine, the common interest or
joint defense privilege, or other privilege or immunity.

Google further objects to this

interrogatory to the extent that it seeks proprietary, trade secret or other confidential or
competitively sensitive business information.
Subject to the foregoing general and specific objections, Google responds that in
accordance with Federal Rule of Civil Procedure 33(d), Google identifies the following

documents: G-IPE-0218431-48, G-IPE-0218778-81, G-IPE-0867397, G-IPE-0867398, G-IPE0867399, G-IPE-0867400, and G-IPE-0867401-403.
Google reserves its right to supplement, revise or render more specific its responses to
Interrogatory No. 15, including during expert discovery.

INTERROGATORY NO. 16:
For Google’s U.S. Based Properties, from January 1, 2002 to the present, provide a chart
identifying (in U.S. dollars) operating profit margin, incremental profit margin, actual and
anticipated profit margins on a monthly or quarterly basis, associated with the Accused Products,
identifying all documents and other evidence Google will rely upon to support its response and
each person who will testify as a witness at trial in support of Google’s contention.

RESPONSE TO INTERROGATORY NO. 16:
Google incorporates here its General Objections above by this reference. Google objects
to this interrogatory on the grounds that: (i) it is overbroad and unduly burdensome; (ii) it is
vague and ambiguous with respect to the phrases “Google’s U.S. Based Properties,”
“incremental profit margin,” “anticipated profit margins” and “associated with the Accused
Products”; (iii) it seeks information that is irrelevant, immaterial or not reasonably calculated to
the discovery of admissible evidence; (iv) it is premature including because Plaintiff has
disclosed no theory of damages; (v) is not limited to a relevant scope of time; and (vi) is
duplicative of other discovery requests previously served.

Google further objects to this

interrogatory to the extent it seeks discovery of information protected from disclosure by the
attorney-client privilege, the work-product doctrine, the common interest or joint defense
privilege, or other privilege or immunity. Google further objects to this interrogatory to the