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

Filing 526

NOTICE by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation re 524 MOTION to Seal Portions of the Reply in Support of Defendants' Motion for Summary Judgment, and Exhibits 34 and 36 to the Declaration of Joshua L. Sohn in Support of Defendants' Reply in Support of Defendants' Motion for Summary Judg (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.

NOTICE OF MOTION TO SEAL PORTIONS OF THE REPLY IN SUPPORT OF
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, AND EXHIBITS 34 AND 36
TO THE DECLARATION OF JOSHUA L. SOHN IN SUPPORT OF DEFENDANTS’
REPLY IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
PLEASE TAKE NOTICE THAT Defendants Google Inc., Target Corporation, IAC
Search & Media, Inc., Gannet Co., Inc. and AOL Inc. (collectively “Defendants”), by counsel,
pursuant to Rule 5 of the Local Rules of Practice for the United States District Court for the
Eastern District of Virginia and the Protective Order entered in this matter on January 23, 2012
(Dk. 85) (“Protective Order”), have moved the Court for leave to file under seal Portions of the
Reply in Support of Defendants’ Motion for Summary Judgment (“Defendants’ Reply in
Support”) and Exhibits 34 and 36 to the Declaration of Joshua L. Sohn in Support of the Reply in
Support of Defendants’ Motion for Summary Judgment (“Certain Exhibits to Sohn the
Declaration”).

Grounds and authorities for this Motion are set forth in Defendants’

Memorandum in Support of Motion to Seal. Portions of Defendants’ Reply in Support and
Certain Exhibits to the Sohn Declaration contain confidential information and, under the
Protective Order, should be filed under seal.

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Before this Court may seal Court documents, it must: (1) provide public notice with an
opportunity to object; (2) consider less drastic alternatives; and (3) state specific findings in
support of a decision to seal and reject alternatives to sealing. See, e.g., Flexible Benefits
Council v. Feldman, No. 1:08-CV-371, 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov. 13, 2008)
(citing Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)).
In compliance with Local Rule 5 of the Rules of this Court and Ashcraft, the Court posts
the following notice to the public: “This serves as public notice that Defendants have moved to
file under seal Portions of Defendants’ Reply in Support and Certain Exhibits to the Sohn
Declaration. Objections to this Motion should be filed in the Civil Section of the Clerk’s Office.
The Notice will be posted for a minimum of forty-eight (48) hours.”

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 Gannet Co., Inc.

2

/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]
[e-mail]
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
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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