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

Filing 563

NOTICE by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation re 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 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 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 (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 (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
PLEASE TAKE NOTICE THAT Defendants Google Inc., Target Corporation, IAC
Search & Media, Inc., Gannett 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
(Dkt. 85) (“Protective Order”), have moved the Court for leave 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
the Motion to Seal along with specific grounds to support each sealing are set forth in
Defendants’ Memorandum in Support of Motion to Seal.
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 the Reply Brief to Preclude Dr. Frieder, Portions of the Reply Brief to
Preclude Dr. Becker, and Portions of Exhibit I to the Chen 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 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: [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 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]
[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.

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: [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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