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

Filing 512

Declaration re 511 Opposition, of Howard Chen in Support of Defendants' Opposition to Plaintiff's Daubert Motion, and Fourth Motion in Limine to Exclude Lyle Ungar's New Theory of Invalidity and Opinions Regarding Claim Construction by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (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, # 12 Exhibit 12, # 13 Exhibit 13)(Noona, Stephen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
v.

Civil Action No. 2:11-cv-512

AOL INC., et al.,
Defendants.

DECLARATION OF HOWARD CHEN IN SUPPORT OF DEFENDANTS'
OPPOSITION TO PLAINTIFF’S DAUBERT MOTION, AND FOURTH MOTION IN
LIMINE, TO EXCLUDE LYLE UNGAR'S NEW THEORY OF INVALIDITY AND
OPINIONS REGARDING CLAIM CONSTRUCTION
I, Howard Chen, declare as follows:
1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and

am counsel for Defendants Google Inc., Gannett Co., Inc., IAC Search & Media, Inc., and Target
Corp. in the above-captioned case. I provide this declaration upon personal knowledge and, if
called upon as a witness, would testify competently as to the matters recited herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of Defendant Google Inc.'s

Third Set of Interrogatories to Plaintiff, served February 17, 2012.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of selected pages of

Defendant Google Inc.'s Third Supplemental Response to Plaintiff's First Set of Interrogatories
(Interrogatory No. 8), served July 2, 2012.
4.

Attached hereto as Exhibit 3 is a true and correct copy of an email from Joshua

Sohn to Plaintiff's counsel, dated July 17, 2012.
5.

Attached hereto as Exhibit 4 is a true and correct copy of an email from Charles

Monterio to Joshua Sohn, dated July 19, 2012.
6.

Attached hereto as Exhibit 5 is a true and correct copy of an email from Joshua

Sohn to Plaintiff's counsel, dated July 31, 2012.
7.

Attached hereto as Exhibit 6 is a true and correct copy of an email from Emily

O'Brien to Plaintiff's counsel, dated August 6, 2012.
8.

Attached hereto as Exhibit 7 is a true and correct copy of selected pages from the

transcript of the September 18, 2012 Hearing on Motions.
9.

Attached hereto as Exhibit 8 is a true and correct copy of Plaintiff's Response and

Objections to Google's Third Set of Interrogatories, served March 22, 2012.
10.

Attached hereto as Exhibit 9 is a true and correct copy of selected pages of the

transcript of the deposition of Donald Kosak, dated May 31, 2012.
11.

Attached hereto as Exhibit 10 is a true and correct copy of selected pages of the

transcript of the deposition of Dr. Lyle Ungar, dated September 23, 2012.
12.

Attached hereto as Exhibit 11 is a true and correct copy of selected pages of the

transcript of the deposition of Dr. Jamie Carbonell, dated September 21, 2012.
13.

Plaintiff deposed the inventor of the Culliss reference on September 27 and

questioned him at length about the additional passage cited at Dr. Ungar's deposition.

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14.

Attached hereto as Exhibit 12 is a true and correct copy of selected pages of the

Report of Dr. Lyle Ungar Concerning Non-Infringement, served August 30, 2012.
15.

Attached hereto as Exhibit 13 is a true and correct copy of selected pages of the

transcript of the deposition of Dr. Lyle Ungar, dated September 22, 2012.
I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.

Dated: October 1, 2012
Howard Chen

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DATED: October 1, 2012

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannett Co., Inc.

By: /s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza

01980.51928/4985804.1

303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on October 1, 2012, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to
the following:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
11954194v1

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