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

Filing 523

Declaration re 521 Opposition, of Margaret P. Kammerud in Support of Defendants' Opposition to Plaintiff's Third Motion for Discovery Sanctions (Public Version) by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N, # 4 Exhibit O, # 5 Exhibit P, # 6 Exhibit Q, # 7 Exhibit R)(Noona, Stephen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
Civil Action No. 2:11-cv-512

V.
AOL, INC., et al.,
Defendants.

DECLARATION OF MARGARET P. KAMMERUD IN SUPPORT OF DEFENDANTS'
OPPOSITION TO PLAINTIFF'S THIRD MOTION FOR DISCOVERY SANCTIONS

1, Margaret P. Kammerud, declare as follows:
I.

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 L I is a true and correct copy of Plaintiffs Fifth Set of

Interrogatories to Google, dated August I, 2012.

'his Declaration begins with reference to Exhibit L to avoid overlap in exhibit
numbers with the Declaration of Jenni fer Ghaussy In Support of Defendants' Opposition to
Plaintiffs "Second" Motion for Discovery Sanctions.
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3.

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

September 8, 2012 Deposition of Ophir Frieder,
4.

Attached hereto as Exhibit N is a true and correct copy of Google's Response to Plaintiffs

Fifth Set of Interrogatories, dated September 4, 2012.
5.

Attached hereto as Exhibit 0 is a true and correct copy of Google's Supplemental

Response to Plaintiffs Fifth Set of Interrogatories, dated September 14, 2012.
6.

Attached hereto as Exhibit P is a true and correct copy of a chain of email

correspondence between Jennifer Ohaussy, Jonathan Falkler, and Antonio Sistos, dated
September 14 through September 19, 2012.
7.

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

3, 2012 Deposition of Bartholomew Furrow.
8.

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

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

Shortly after Plaintiff filed its Complaint in this Action, Plaintiff and Google began to

negotiate early production of Google's technical documents. When the parties first were
negotiating this production, Plaintiff s counsel told Google that it was not interested in source
code at that time. Instead, the parties stipulated that after Plaintiff provided preliminary
infringement contentions and initial written discovery on November 7, Google would make an
initial production of technical documents from its document repositories by December 7. Google
provided these documents on December 7.
10.

On July 25, Plaintiff served the expert report of Dr. Ophir Frieder, which was the

deadline for Plaintiffs infringement report. On September 4, 2012, Plaintiff served the
"Updated" Report of Dr. Frieder. This "Updated" Report was tl e first time that Dr. Frieder

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identified

as relevant to infringement. Immediately after

receiving this Updated Report, Google researched internally to determine when

11.

Plaintiff first reviewed the source code files it had requested from Google on July 13,

2012. Included within these source code files were1111

111111111111that Dr. Frieder

identified for the first time in his September "Updated" Report. The very first page of the source
SC-G-IPE-0000001.

code printed by Plaintiff on July 13 states it was
12.

Google served its objections to Plaintiffs Fifth Set of interrogatories on August 20, 2012.

13.

On June 21, 2012, Plaintiff deposed Jonathan Alferness, Google's 3(0)(6) witness on

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

Dated: October 1, 2012
Margaret P. Kammerud

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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]
senoona kaufean.com

David A. Perlson
David Bilsker
QUINN EMANUEL U tQUHART &
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: /5/ 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]
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Cortney S. Alexander
F1NNLGAN, HENDERSON,PARABOW, GARRETT &
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 (NU) to
the following:
Jeffrey K. Sherwood
Kenneth W. I3rothers
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]
sstancliffgewm-law.com

Counsel fbr Plaintrf f 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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