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)

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(;+,%,73 Highly Confidential Pursuant to Protective Order - Page 1 1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF VIRGINIA 4 NORFOLK DIVISION 5 I/P ENGINE, INC., ) 6 ) Plaintiff, 7 ) ) -vs- ) 8 Civil Action No. ) ) 9 AOL, INC., et al., 2:11-cv-512 ) ) 10 Defendants. ) _______________________________ 11 12 13 14 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 15 ATTORNEYS' EYES ONLY 16 VIDEOTAPED DEPOSITION OF ALEXANDER R. BERGER 17 HUDSON BAY 30(b)(6) WITNESS 18 New York, New York 19 Wednesday, July 25, 2012 20 3:05 p.m. 21 22 23 24 25 Job No. CS408429 Reported by: Elizabeth M. Kondor, CCR, CLR Veritext Corporate Services 800-567-8658 973-410-4040 Highly Confidential Pursuant to Protective Order - Page 10 1 2 ALEXANDER BERGER - 7/25/2012 - HIGHLY CONFIDENTIAL moment? 3 Q. Sure. 4 A. Thank you. 5 6 VIDEOGRAPHER: record. We're going off the The time is 3:14. 7 (Recess.) 8 VIDEOGRAPHER: 9 record. We are now back on the The time is 3:15. 10 BY MR. PERLSON: 11 Q. Now, this morning you had testified that 12 Mr. Wine at Dickstein Shapiro had made you aware of 13 the Lycos patents; is that correct? 14 15 MS. ALBERT: testimony. 16 17 A. When you say "Lycos patents," are you referring to a defined term somewhere in here? 18 19 Objection; misconstrues Q. Fair enough. The Lycos patents that were purchased by I/P Engine. 20 A. No, that's not entirely correct. 21 Q. Okay. 22 What about that -- what did I get wrong? 23 A. So, the Lycos patents, meaning the 24 specific patents identified by patent number or some 25 other way, I learned about from Lycos. Veritext Corporate Services 800-567-8658 973-410-4040 Highly Confidential Pursuant to Protective Order - Page 11 1 ALEXANDER BERGER - 7/25/2012 - HIGHLY CONFIDENTIAL 2 3 Q. Okay. And what did Mr. Wine alert you to in connection with patents owned by Lycos? 4 MS. ALBERT: I would caution the witness, 5 to the extent that your response would divulge 6 attorney/client communications, I would advise you 7 not to answer. 8 A. I will take my attorney's advice. 9 Q. Okay. 10 You can't answer that question without revealing attorney/client communications? 11 A. Right. 12 Q. When was the discussion with Mr. Wine in 13 which the -- when was the discussion with Mr. Wine 14 that had the conversation that you are now indicating 15 is privileged and prevents you from answering my 16 question as to what Mr. Wine alerted you to? 17 18 MS. ALBERT: I'm sorry, could you repeat that? 19 (Record read.) 20 MS. ALBERT: 21 Go ahead. 22 23 A. I don't remember the specific date and Q. Okay. time. 24 25 Objection; vague. At that time, what work had Mr. Wine been doing for Hudson Bay, what legal work? Veritext Corporate Services 800-567-8658 973-410-4040 Highly Confidential Pursuant to Protective Order - Page 13 1 2 ALEXANDER BERGER - 7/25/2012 - HIGHLY CONFIDENTIAL scope. 3 4 Q. Okay. So you got -- is it correct that you got Mr. Blais' name from Mr. Wine? 5 A. No. 6 Q. How did you get Mr. Blais' name? 7 A. From another attorney. 8 Q. And who did you get that from? 9 A. Mr. Cimino. 10 Q. And who is that? 11 A. Another attorney at Dickstein Shapiro. 12 Q. And when did Mr. Cimino give you 13 Mr. Blais' name? 14 A. I don't remember. 15 Q. And was Mr. Cimino acting as your 16 attorney when he gave you that information? 17 A. Yes. 18 Q. And why did Mr. Cimino give you 19 Mr. Blais' name? 20 MS. ALBERT: I would caution the witness, 21 to the extent that your response will divulge 22 attorney/client communications, I would advise you 23 not to answer. 24 A. I will take my attorney's advice. 25 Q. You can't answer that question without Veritext Corporate Services 800-567-8658 973-410-4040 Highly Confidential Pursuant to Protective Order - Page 14 1 2 ALEXANDER BERGER - 7/25/2012 - HIGHLY CONFIDENTIAL divulging attorney/client communications? 3 A. Correct. 4 Q. When did you first contact Mr. Blais? 5 A. I don't remember the exact date and time. 6 Q. Why did you contact Mr. Blais? 7 A. To speak about Lycos. 8 Q. What about Lycos? 9 A. I wanted to learn more about Lycos as a 10 company. 11 Q. 12 What -- anything specific about Lycos that you wanted to learn? 13 A. I was interested in learning about the 14 company, in general, as well as, you know, certain 15 assets that it held. 16 Q. Including patents? 17 A. Yes. 18 Q. And how did -- at the time that you 19 called Mr. Blais, what was your understanding of 20 Lycos' patent assets? 21 A. I had a very limited understanding. 22 Q. What was that limited understanding? 23 A. So, we're going back, you know, over a 24 year. Generally, at the time, I had probably gone on 25 to the internet and searched, you know, a database of Veritext Corporate Services 800-567-8658 973-410-4040

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