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

Filing 606

Response to 206 MOTION to Seal Portions Of Google Inc.s Brief In Support Of Motion To Compel And Various Exhibits To The Declaration Of Jen Ghaussy in Support Thereof 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 H (Undreacted, Public Form), # 2 Exhibit I (Unredacted, Public Form), # 3 Exhibit L (Unredacted, Public Form), # 4 Exhibit M (Unredacted, Public Form), # 5 Exhibit N (Unredacted, Public Form), # 6 Exhibit P (Unredacted, Public Form), # 7 Exhibit Q (Unredacted, Public Form), # 8 Exhibit R (Unredacted, Public Form), # 9 Exhibit S (Undredacted, Public Form), # 10 Exhibit T (Unredacted, Public Form), # 11 Exhibit U (Unredacted, Public Form))(Noona, Stephen)

EXHIBIT I

Emily O'Brien
From:
Sent:
To:
Cc:
Subject:

Monterio, Charles [[e-mail]]
Monday, July 30, 2012 9:15 AM
Emily O'Brien
zz-IPEngine; QE-IP Engine; [e-mail]; '[e-mail]'; W.
Ryan Snow; 'Donald C. Schultz'
RE: I/P Engine

Emily,

I write in response to your letter of July 26 regarding the depositions of I/P Engine, Innovate/Protect and
Hudson Bay.

With respect to Mr. Berger, to the extent you are hinting otherwise, he was prepared for the deposition. There
are no issues of ownership raised by the merger relating to the patents-in-suit. Any other ownership changes
beyond that affecting I/P Engine are not relevant to any issue or defense in this case. Nonetheless, as stated
during the deposition, I/P Engine will produce documents sufficient to identify the organizational structure, post
merger. In short, consistent with the Updated Corporate Disclosure Statement filed by I/P Engine, I/P Engine is
a wholly owned subsidiary of Innovate/Protect, Inc., which is a wholly owned subsidiary of Vringo, Inc.
With respect to your second inquiry, none of the communications or information sent to potential investors are
responsive to any of Defendants’ document requests. Nor is the information relevant to any issue or defense in
this case. I/P Engine, Innovate/Protect and Hudson Bay have produced all responsive documents to
Defendants’ document requests.

Regarding your third inquiry, we are producing the requested document today.
Regarding your final inquiry, we are not producing the consulting agreement between Dickstein Shapiro and
Mr. Kosak, and we have produced his agreement with Innovate/Protect. With respect to the Dickstein Shapiro
agreement, he is a litigation consultant and we are not obligated to produce such agreements. They are
privileged and contain attorney-work product. Further, the agreement is neither relevant nor required to be
produced under the rules or any of Defendants’ document requests.
Regarding Mr. Lang’s documents, if Defendants have something specific that they are concerned with please
explain it. Otherwise, it is unclear as to what the issue is here. Again, our clients are in compliance with their
discovery requirements. We do not understand why we have to repeatedly confirm this fact for Defendants with
respect to an individual or a company. Again, if Defendants have a specific concern we will try to address it.
Simply creating non-substantive issues, repeatedly demanding responses to those issues and threatening to go to
the court for some unspecified wrong is, in counsel’s own words “not only inefficient, but highly wasteful of
time and resources.”

With respect to your final list of outstanding issues: 1) I/P Engine has already produced the document (see IPE
0022792-96); 2) we provided our response on Mr. Heffan and Mr. Abramson on July 24; and 3) we have
produced all documents in possession of I/P Engine that are non-privileged and responsive. Again, if
Defendants have something specific that they are concerned with, please identify it so that we may address it.
As noted above, simply asking I/P Engine whether it is complying with its discovery obligations on every issue
is unproductive and inefficient.

Charles
1

Confidentiality Statement
This email message and any attached files are confidential and are intended solely for the use of the addressee(s) named above. This communication may contain
material protected by attorney-client, work product, or other privileges. If you are not the intended recipient or person responsible for delivering this confidential
communication to the intended recipient, you have received this communication in error, and any review, use, dissemination, forwarding, printing, copying, or other
distribution of this email message and any attached files is strictly prohibited. Dickstein Shapiro reserves the right to monitor any communication that is created,
received, or sent on its network. If you have received this confidential communication in error, please notify the sender immediately by reply email message and
permanently delete the original message.
To reply to our email administrator directly, send an email to [e-mail]
Dickstein Shapiro LLP
www.DicksteinShapiro.com

From: Emily O'Brien [mailto:[e-mail]]
Sent: Thursday, July 26, 2012 8:58 PM
To: Monterio, Charles
Cc: zz-IPEngine; QE-IP Engine; [e-mail]; '[e-mail]'
Subject: I/P Engine

Please see attached correspondence. 

Thank you, 

Emily O'Brien
Associate,
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
415-875-6323 Direct
415.875.6600 Main Office Number
415.875.6700 FAX
[e-mail]
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message.  

2