I/P Engine, Inc. v. AOL, Inc. et al
Filing
561
MOTION to Seal (1) Portions of Defendants' Reply Brief in Support of Their Motion to Preclude Dr. Ophir Frieder from Testifying Regarding Untimely Opinions that were not Disclosed in his Original Expert Report and Opinions that he Now Concedes are Incorrect; (2) Portions of Defendants' Reply Brief in Support of their Motion to Exclude the Testimony of Stephen L. Becker; and (3) Portions of Exhibit I to the Declaration of Howard Chen in Support of Defendants' Reply Brief in Support of their Motion to Preclude Dr. Ophir Frieder by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(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.
MOTION TO SEAL (1) PORTIONS OF DEFENDANTS' REPLY BRIEF IN SUPPORT
OF THEIR MOTION TO PRECLUDE DR. OPHIR FRIEDER FROM TESTIFYING
REGARDING UNTIMELY OPINIONS THAT WERE NOT DISCLOSED IN HIS
ORIGINAL EXPERT REPORT AND OPINIONS THAT HE NOW CONCEDES ARE
INCORRECT; (2) PORTIONS OF DEFENDANTS’ REPLY BRIEF IN SUPPORT OF
THEIR MOTION TO EXCLUDE THE TESTIMONY OF STEPHEN L. BECKER; AND
(3) PORTIONS OF EXHIBIT I TO THE DECLARATION OF HOWARD CHEN IN
SUPPORT OF DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR MOTION TO
PRECLUDE DR. OPHIR FRIEDER
Pursuant to Local Rule 5 and the Agreed Protective Order entered in this matter on
January 23, 2012 (Dkt. 85) (“Protective Order”), Defendants Google Inc., Target Corporation,
IAC Search & Media, Inc., Gannet Co., Inc. and AOL Inc. (collectively “Defendants”),
respectfully move this Court for entry of the attached Order permitting Defendants to file under
seal (1) Portions of Defendants' Reply Brief in Support of Their Motion to Preclude Dr. Ophir
Frieder From Testifying Regarding Untimely Opinions That Were Not Disclosed in his Original
Expert Report and Opinions that he Now Concedes Are Incorrect (“Reply Brief to Preclude Dr.
Frieder”); (2) Portions of Defendants’ Reply Brief in Support of Their Motion to Exclude the
Testimony of Stephen L. Becker (“Reply Brief to Preclude Dr. Becker”); and (3) Portions of
Exhibit I to the Declaration of Howard Chen in Support of Defendants' Reply Brief in Support of
Their Motion to Preclude Dr. Ophir Frieder (“Exhibit I to the Chen Declaration”). Grounds and
authorities for this Motion are set forth in Defendants’ Memorandum in Support of Motion to
Seal. In compliance with Local Rule 5, Defendants attach a Proposed Order as Exhibit 1 and are
filing separately a Public Notice of Defendants’ Motion to Seal. Defendants request that the
Court retain sealed materials until forty-five (45) days after a final order is entered and requests
that, unless the case is appealed, any sealed materials be returned to counsel for the filing parties.
DATED: October 2, 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: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
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
2
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: (571) 203-2700
Facsimile: (202) 408-4400
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: (404) 653-6400
Facsimile: (415) 653-6444
Counsel for Defendant AOL Inc.
3
CERTIFICATE OF SERVICE
I hereby certify that on October 2, 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: (202) 420-2200
Facsimile: (202) 420-2201
sherwoodj@dicksteinshapiro.com
brothersk@dicksteinshapiro.com
Donald C. Schultz W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
dschultz@cwm-law.cm
wrsnow@cwm-law.com
sstancliff@cwm-law.com
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: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
11956949v1
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?