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

Filing 522

Declaration re 520 Opposition, of Jennifer Ghaussy in Support of Defendants' Opposition to Plaintiff's Second Motion for Discovery Sanctions 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)(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 JENNIFER GHAUSSY IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S SECOND MOTION FOR DISCOVERY SANCTIONS
I, Jennifer Ghaussy, 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., IAC Search & Media, Inc., Gannett Co., 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 A is a true and correct copy of Google’s First

Supplemental Response to Plaintiff I/P Engine, Inc.’s Fourth Set of Interrogatories, dated August
29, 2012.

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3.

Attached hereto as Exhibit B is a true and correct copy of Google’s Third

Supplemental Objections and Responses to Plaintiff I/P Engine, Inc.’s Fourth Set of
Interrogatories (No. 15), dated September 13, 2012.
4.

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

June 12, 2012 Deposition of Google’s 30(b)(6) designee Sanjay Datta.
5.

Attached hereto as Exhibit D is a true and correct copy of Exhibit 2 to the June

12, 2012 Deposition of Google’s 30(b)(6) designee Sanjay Datta.
6.

Attached hereto as Exhibit E is a true and correct copy of Exhibit 3 to the June

12, 2012 Deposition of Google’s 30(b)(6) designee Sanjay Datta.
7.

Exhibit F is intentionally left blank.

8.

Attached hereto as Exhibit G is a true and correct copy of a letter from Jennifer

Ghaussy to Charles Monterio, dated May 8, 2012.
9.

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

September 12, 2012 Deposition of Nicholas Fox.
10.

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

August 23, 2012 Deposition of Gary Holt.
11.

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

June 21, 2012 Deposition of Google’s 30(b)(6) designee Jonathan Glen Alferness.
12.

Attached hereto as Exhibit K is a true and correct copy of a document produced

by Google at bates number G-IPE-0559880-0559882. Google produced this document in May
2012. Plaintiff never questioned Google’s witnesses about it, nor requested any type of followup discovery about this document.

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13.

Although the Court’s claim construction order is dated June 15, 2012, it was sent

to the parties on June 18. The ten-hour deposition of Jonathan Alferness occurred on June 21,
three days later. After the order issued, Plaintiff did not request that Mr. Alferness be designated
for the non-infringing alternative topic. Plaintiff never requested a 30(b)(6) witness on the topic
of non-infringing alternatives after the June 18 issuance of the claim construction order.
14.

The deposition of Defendants’ expert witness on damages, Dr. Keith Ugone,

occurred on September 14, 2012. The deposition of Defendants’ expert witness on noninfringement and invalidity, Dr. Lyle Ungar, occurred on September 22 and 23, 2012. During
these depositions, Plaintiff asked questions of both experts about non-infringing alternatives.
15.

Google agreed to allow Plaintiff to take depositions of Google employees

Nicholas Fox and Jonathan Diorio on September 12 and September 18, 2012, even though fact
discovery closed on September 4. Google also cooperated with Plaintiff to allow Plaintiff to
depose third-party fact witnesses Ruben Ortega and Gary Culliss on September 25 and 27.
Google would have cooperated with allowing depositions in connection with Google’s August
29 supplementation of its response to Interrogatory No. 15, if Plaintiff had requested any.
16.

Dr. Stephen Becker’s July 25 expert report referenced an internal Google

presentation. After speaking with the author of the presentation, Google determined that the
author of that statement did not have personal knowledge of it, and that a different Google
employee would have knowledge of this issue. This employee gave to Google's counsel the four
emails that Plaintiff now moves to exclude, which were promptly produced to Plaintiff.
17.

Google has produced almost 900,000 pages of documents to Plaintiff in this case

to date.

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I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.

Dated: October 1, 2012
Jennifer Ghaussy

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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 A. Perlson
David Bilsker
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.

/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 &
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DUNNER, LLP
3500 SunTrust Plaza
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]

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