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

Filing 464

Opposition to 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 filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sherwood, Jeffrey)

Exhibit 4 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
I/P ENGINE, INC.,
Plaintiff,
Civ. Action No. 2:11-cv-512
v.
AOL, INC. et al.,
Defendants.

DEFENDANTS GOOGLE INC., AOL, INC., IAC SEARCH & MEDIA, INC., GANNET
CO., INC., AND TARGET CORPORATION'S PRETRIAL DISCLOSURES
Defendants Google Inc., AOL, Inc., IAC Search & Media, Inc., Gannett Co., Inc., and
Target Corporation ("Defendants") by counsel, for their pretrial disclosures pursuant to Rule
26(a)(3) of the Federal Rules of Civil Procedure, state as follows:
I.

WITNESSES
Defendants hereby provide notice that they intend to call and may call as the need arises

at trial the witnesses identified in the attached Exhibit A. Defendants reserve the right to call any
and all witnesses listed by the plaintiff or any witnesses necessary for rebuttal or impeachment.
II.

DEPOSITION DESIGNATIONS
Defendants hereby provide notice that they intend to read and may read as the need arises

at trial all or part of the deposition testimony listed in the attached Exhibit B. Defendants reserve
the right to use portions of any deposition transcripts designated by the plaintiff and/or to
supplement these designations for fairness or in response to those designated by plaintiff. In
addition, Defendants reserve the right to use deposition transcripts at trial as necessary for
impeachment and/or rebuttal.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
I/P ENGINE, INC.,
No. 2:11-cv-00512-RAJ-FBS
Plaintiff,
v.
AOL, INC., GOOGLE INC., IAC SEARCH &
MEDIA, INC., GANNETT COMPANY,
INC., and TARGET CORPORATION,
Defendants.

EXHIBIT A
DEFENDANTS GOOGLE INC., AOL, INC., IAC SEARCH & MEDIA, INC., GANNET
CO., INC., AND TARGET CORPORATION'S RULE 26(a)(3) WITNESS LIST
Defendants Google Inc., AOL, Inc., IAC Search & Media, Inc., Gannett Co., Inc., and
Target Corporation hereby provide their witness list pursuant to Fed. R. Civ. P. 26(a)(3) and the
Rule 16(b) Scheduling Order. Defendants identify the name and, if not previously provided, the
address and telephone number of each witness they may present at trial other than solely for
impeachment — separately identifying those the parties expect to present and those they may
call if the need arises.
A.

Witnesses Defendants Will Present At Trial

1.

Jonathan Alferness. Mr. Alferness is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
2.

Bartholomew Furrow. Mr. Furrow is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.

3.

Dr. Lyle Ungar. Dr. Ungar is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
4.

Dr. Keith Ugone. Dr. Ugone is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
5.

Gary Culliss. Mr. Culliss is available via counsel for Defendants, Quinn Emanuel

Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, [phone].
6.

Ruben Ortega. Mr. Ortega is available via his counsel, Theo Angelis, K&L Gates

LLP, 925 4th Avenue, Suite 2900, Seattle, WA 98104, [phone].
B.

Witnesses Defendants May Present At Trial If the Need Arises

1.

Andrew K. Lang. Defendants believe Mr. Lang can be contacted through

Plaintiff's counsel.
2.

Donald M. Kosak. Defendants believe Mr. Kosak can be contacted through

Plaintiff's counsel.
3.

Alexander Berger. Defendants believe Mr. Kosak can be contacted through

Plaintiff's counsel.
4.

Andrew Perlman. Defendants believe Mr. Perlman can be contacted through

Plaintiff's counsel.
5.

Mark Blais. Defendants believe Mr. Blais can be contacted at Lycos Inc., 100

Fifth Avenue, Waltham, Massachusetts 02451, [phone].
6.

Daniel Rose. Defendants believe Mr. Rose can be contacted at

[e-mail] or [phone].

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7.

Nick Fox. Mr. Fox is available via counsel for Defendants, Quinn Emanuel

Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, [phone].
8.

Derek Cook. Mr. Cook is available via counsel for Defendants, Quinn Emanuel

Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, [phone].
9.

Sanjay Datta. Mr. Datta is available via counsel for Defendants, Quinn Emanuel

Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, [phone].
10.

Gary Holt. Mr. Holt is available via counsel for Defendants, Quinn Emanuel

Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, [phone].
11.

James Maccoun. Mr. Maccoun is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
12.

Stephen Kurtz. Mr. Kurtz is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
13.

Celia Denery. Ms. Denery is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
14.

Kevin Cotter. Mr. Cotter is available via counsel for Defendants, Quinn Emanuel

Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, [phone].
15.

James Christopherson. Mr. Christopherson is available via counsel for

Defendants, Quinn Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San
Francisco, California, [phone].

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16.

Marie Bamford. Ms. Bamford is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
17.

Robert Hickernell. Mr. Hickernell is available via counsel for Defendants, Quinn

Emanuel Urquhart & Sullivan, 50 California Street, 22nd Floor, San Francisco, California, (415)
875-6600.
Defendants Google Inc., AOL, Inc., IAC Search & Media, Inc., Gannett Co., Inc., and
Target Corporation reserve the right to call any witnesses identified or called by Plaintiff at trial.
Defendants Google Inc., AOL, Inc., IAC Search & Media, Inc., Gannett Co., Inc., and Target
Corporation also reserve the right to and may offer the video deposition testimony of any and/or
all witnesses called by Plaintiff at trial for purposes of impeachment, including but not limited to
offering or otherwise using any exhibit(s) referenced in such video deposition. This includes any
witnesses called by Plaintiff at trial as live witnesses, as video-designated witnesses, or any other
type of offer of testimony at trial.

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