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)

EXHIBIT H

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STATES UNITED DISTRICT COURT

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EASTERN DISTRICT OF VIRGINIA

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NORFOLK DIVISION

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------------------------x

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I/P ENGINE, INC.,
Plaintiff,

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v.

:
: Civ. Action No.
: 2:11-cv-512

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AOL, INC., et al.,

:

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Defendants.

:

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------------------------x

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CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY

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Videotaped Deposition of NICHOLAS FOX

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San Francisco, California

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Wednesday, September 12, 2012
9:10 a.m.

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Job No.: 25943

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Pages: 1 - 237

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Reported by:

GINA V. CARBONE, CSR#8249, RPR, CCRR

CONFIDENTIAL VIDEOTAPED DEPOSITION OF NICHOLAS FOX
CONDUCTED ON WEDNESDAY, SEPTEMBER 12, 2012
230
1
2

Q.

Have you ever seen any documents discussing an

alternative to Smart Ads at the time it was launched?

06:42:18
06:42:20

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A.

No.

06:42:26

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Q.

Have you ever read the book, I'm Feeling Lucky,

06:42:28

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Confessions of a Google Employee?

06:42:30

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A.

No.

06:42:32

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Q.

Do you know who Douglas Edwards is?

06:42:33

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A.

Yes.

06:42:39

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Q.

Did you work with him?

06:42:39

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A.

I think I briefly worked with him.

06:42:40

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Q.

Do you believe he was knowledgeable about the

06:42:42

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history of advertising at Google?

06:42:44

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MR. PERLSON:

Objection.

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THE WITNESS:

I don't know how knowledgeable he

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Form.

was about our advertising business.
MR. CIMINO:

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Q.

Do you believe he's

06:42:49
06:42:52
06:42:53
06:42:55

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honest?

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A.

I don't know how honest he is.

06:42:59

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Q.

Do you have any reason to call into question

06:43:00

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06:42:55

his honesty from your interactions with him in the past?

06:43:05

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A.

No.

06:43:08

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Q.

In what respect did you guys work together?

06:43:13

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A.

Back when I worked in marketing, he was also in

06:43:17

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marketing.

And I think we interacted from time to time

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as part of the same team.

CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY
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06:43:21
06:43:27

CONFIDENTIAL VIDEOTAPED DEPOSITION OF NICHOLAS FOX
CONDUCTED ON WEDNESDAY, SEPTEMBER 12, 2012
231
1
2

Q.

Do you know -- I assume you are aware that

Google has hired an expert in this case named Ugone?

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06:43:34

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A.

I don't know Ugone.

06:43:41

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Q.

Did you ever speak to Ugone about issues in

06:43:42

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this case?

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A.

I don't know.

06:43:49

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Q.

Did you ever give Ugone information about

06:43:50

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noninfringing alternatives to Smart Ass?

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A.

Just don't remember the name Ugone.

06:44:06

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Q.

Did you speak with a Dr. Unger?

06:44:11

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A.

I don't remember.

06:44:16

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remember the name of the person I spoke to.
Q.

THE WITNESS:

MR. PERLSON:

THE WITNESS:

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You can talk about the

I did speak with an expert about

noninfringing alternatives.
MR. CIMINO:

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Q.

What information did you

give him?
A.

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06:44:21
06:44:26
06:44:31
06:44:32

communications with the experts.

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Is that attorney-client

privileged or....

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And in talking to someone in relation to this

case, did you give them noninfringing alternatives?

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Don't remember -- I don't

I don't remember all the details of what I said

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06:44:35
06:44:40
06:44:42
06:44:44
06:44:45
06:44:49

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but we discussed some ideas about noninfringing

06:44:51

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alternatives.

06:44:54

CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY
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CONFIDENTIAL VIDEOTAPED DEPOSITION OF NICHOLAS FOX
CONDUCTED ON WEDNESDAY, SEPTEMBER 12, 2012
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Q.

Were these ideas that Google had ever

considered in the past prior to this case?
A.

06:44:55
06:44:57

I think some elements of what I discussed with

06:45:32

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the expert were things we've discussed internally

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before.

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Q.

Not all of them?

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A.

I can't say for sure.

06:45:40

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Q.

Did the information come from you?

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The

06:45:43

information about noninfringing alternatives come from

06:45:48

you or from someone with a technical background?

06:45:51

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MR. PERLSON:

Objection.

Form.

06:45:55

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THE WITNESS:

Prior discussions about these

06:46:17

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types of things would have been with people with

06:46:18

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technical backgrounds.

06:46:20

MR. CIMINO:

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Q.

The discussion with the

expert was just with you though?

06:46:23
06:46:24

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A.

I believe so.

06:46:27

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Q.

Who is Jeff Dean?

06:46:30

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A.

Jeff Dean is a senior Google engineer.

06:46:33

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Q.

Who is Howard Gobioff (phonetic)?

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A.

I think he's a former senior Google engineer

06:46:40

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Q.

Who is Marissa Mayer?

06:46:45

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A.

She's a former Google product management VP.

06:46:46

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Q.

Your currently title is vice president?

06:46:50

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A.

Yes.

06:46:51

CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY
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CONFIDENTIAL VIDEOTAPED DEPOSITION OF NICHOLAS FOX
CONDUCTED ON WEDNESDAY, SEPTEMBER 12, 2012
233
1

Q.

How many vice presidents are there at Google?

06:46:53

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A.

I don't know the number.

06:47:02

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Q.

Do you have a ballpark?

06:47:03

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A.

Probably say more than 20 less than 200.

06:47:06

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Q.

Okay.

06:47:09

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You can't get any more granular than

that?

06:47:13
A.

Maybe somewhere between 50 and 100.

know for sure.
Q.

I don't

I've never counted.

Did you give to the expert in this case any

06:47:22
06:47:24
06:47:39

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written information about noninfringing alternatives or

06:47:44

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was it purely a conversation?

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A.

I believe it was just a conversation.

06:47:50

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Q.

Did you talk about revenue in the conversation

06:47:53

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as well?
A.

I believe so.
MR. CIMINO:

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06:47:58
06:48:00
Okay.

I have no more further

questions.

06:48:05
06:48:07

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MR. PERLSON:

I have no questions.

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THE VIDEOGRAPHER:

This is the end of video

06:48:08
06:48:12

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No. 5 in the deposition of Nicholas Fox.

06:48:14

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The time is 6:48 p.m.

06:48:17

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We're going off the

record.

06:48:20
(Signature having not been waived, the

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videotaped deposition of NICHOLAS FOX was concluded

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at 6:48 p.m.)

CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY
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CONFIDENTIAL VIDEOTAPED DEPOSITION OF NICHOLAS FOX
CONDUCTED ON WEDNESDAY, SEPTEMBER 12, 2012
234
ACKNOWLEDGMENT OF DEPONENT

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I, NICHOLAS FOX, do hereby acknowledge

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that I have read and examined the foregoing testimony,

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and the same is a true, correct and complete transcription

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of the testimony given by me and any corrections appear on

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the attached Errata sheet signed by me.

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________________
(DATE)

_________________________________
(SIGNATURE)

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CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY
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