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

Filing 604

Response to 234 MOTION to Seal Portions of the Memorandum in Support of Defendants' Motion for Summary Judgment; Exhibits 4-9, 21-22, and 25-31 to the Declaration of Howard Chen in Support of Defendants' Motion for Summary Judgment; and the Declaration o Notice of Filing Response to Agreed Order to Maintain Portions of Documents Under Seal filed by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 31 to the Declaration of Howard Chen in Support of Defendants' Motion for Summary Judgment (Unredacted, Public Form))(Noona, Stephen)

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Volume I

Pages 1 - 157

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Exhibits 1 - 20

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF VIRGINIA

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NORFOLK DIVISION

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********************

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I/P ENGINE, INC.,

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9
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Plaintiff,

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Civil Action No.

Vs.

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2:11-cv-512

AOL, INC., et al.,

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Defendants.

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********************

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AUDIO/VISUAL DEPOSITION of LYCOS, INC.,

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by and through its designee MARK BLAIS

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Tuesday, July 31, 2012 at 9:00 a.m.

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Goulston & Storrs

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50 Rowes Wharf, 7th Floor

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Boston, Massachusetts

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------ Jacqueline P. Shields, RPR, CSR ------

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Job No. CS409539

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whether or not that would have embodied what's in

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this patent, I'm not sure.

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Q.

And similarly with regards to Mr. Lang, are

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you aware of any effort that Mr. Lang -- strike

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that.

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Are you aware of any efforts by Mr. Lang to

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create a product that embodies any of the claims of

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the '664 patent?

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MS. ALBERT:

Objection.

Foundation,

speculation, vague.

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A.

No.

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Q.

Do you know if Lycos ever invested any

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funds in trying to develop a product that embodied

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the '664 patent?

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MS. ALBERT:

Same objection.

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A.

No, I do not know.

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Q.

Separate and apart from Lycos, are you

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aware of any products that embody any of the claims

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of the '664 patent?

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MS. ALBERT:

Same objections.

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A.

In the whole world?

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Q.

In the whole world.

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A.

I don't know.

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Q.

The same with regards to the '420 patent,

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is Lycos aware of any products that embody the '420

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patent?

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MS. ALBERT:

Same objection.

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A.

I do not know.

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Q.

You can set that aside.

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Does Lycos currently use the Google AdWords
product?

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A.

No.

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Q.

Does Lycos currently use the Google AdSense

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product?

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A.

Yes.

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Q.

Do you know when Lycos first began using

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the Google AdSense product?
A.

I don't know when we began to use that

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product at first.

I know we've used it for many,

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many years, and that we've had many, many contracts

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with Google over the last ten years, which has

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included both AdWords and AdSense at various times.

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I believe AdSense has been constant for many years,

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however.

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used AdSense.

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Q.

As long as I've been at the company we've

When you refer to AdSense, do you know if

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Google uses -- of course Google uses.

Do you know

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if Lycos uses Google AdSense for content?

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A.

Yes.

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Q.

Okay.

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And does Lycos also use Google's

AdSense for search?

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A.

No.

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Q.

Does Lycos ever use AdSense for search?

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A.

Could you explain what you mean by "AdSense

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for search"?

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I'm obviously aware of Google's sponsored links

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product for search.

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Q.

I'm aware of AdSense for content, and

I think that's the same thing, but Google

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AdSense for search, my understanding is that it's

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the system that provides sponsored links as a result

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of a search.

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the search and you have the sponsored links next to

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the search.

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A.

So when you run the search, you have

Okay.

We don't currently use it, but we

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did in the past.

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many times over the last seven years.

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we were using Google AdSense for search in 2006

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before switching over to another provider.

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Q.

I believe we've switched providers
And I believe

Do you know when Lycos first began using

AdSense for search?
A.

I think, I don't know specifically when it

began, but as I said, we've gone back and forth

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