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