I/P Engine, Inc. v. AOL, Inc. et al
Filing
608
Response to 115 MOTION to Seal I/P Engine, Inc.'s Motion to Seal Exhibits 15, 16, 17, 18, and 21 of IP Engine's Memorandum in Support of Its Motion to Compel Defendant Google, Inc.'s Custodial Document Production, 125 MOTION to Seal Motion to Seal I/P Engine's Opposition to Google and IAC's Motion to Compel Plaintiff to Supplement its Infringement Contentions Along with Exhibits 11, 12, 14, 15, 18, 21, and 22 in Support filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit Exhibit 15 (Lesser Redacted), # 2 Exhibit Exhibit 16 (Lesser Redacted), # 3 Exhibit Exhibit 17 (Lesser Redacted), # 4 Exhibit Exhibit 18 (Unredacted, Public Form), # 5 Exhibit Exhibit 21 (Lesser Redacted), # 6 Exhibit ECF 125 (Lesser Redacted), # 7 Exhibit Exhibit 11 (Lesser Redacted), # 8 Exhibit Exhibit 12 (Lesser Redacted), # 9 Exhibit Exhibit 15 (Lesser Redacted), # 10 Exhibit Exhibit 22 (Lesser Redacted))(Schultz, Donald)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
)
FP ENGINE, INC.,
Plaintiff,
v.
AOL, INC. et al.,
Defendants.
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)
)
)
)
)
)
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)
Civ. Action No. 2:11-cv-512
MOTION TO SEAL EXHIBITS 15, 16, 17, 18 AND 21 OF FP ENGINE'S
MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL DEFENDANT
GOOGLE, INC.'S CUSTODIAL DOCUMENT PRODUCTION
EXHIBIT 21 FILED UNDER SEAL
Quinn emanuel
trial lawyers I san Irani=
50 California Street. 22nd Hoot -, San Francisco, California 94111-4788 I TEL: (415) 875-6600 FAX: (415) 875-6700
April 10, 2012
Charles Monterio
MonterioC@dicksteinshapiro.com
CONFIDENTIAL: OUTSIDE COUNSEL ONLY
Re:
I/P Engine, Inc. v. AOL, Inc. et al.
Dear Charles:
I write to confirm our April 9 meet and confer and the discovery issues addressed on that call.
ESI Agreement
We discussed the current draft of the ESI Agreement. You stated that the only language still in
dispute was Google's proposed ESI agreement language excluding emails that were neither sent
nor received. We explained that, contrary to your belief, including these emails would create an
unreasonable burden for review. You stated that Plaintiff was interested in receiving onl
intentionally saved draft emails, rather than
Accordingly, we again ask that Plaintiff agree to
Google's proposed language, as set out in my letter of April 6, 2012.
Search Terms
We also discussed Google's proposal that Plaintiff withdraw the term "Ads Quality" from the
quinn emanuel urquhart & sullivan, lip
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search term list, because the term is overly broad and resulted in an unreasonable number of hits
when run across the full collection. You proposed that the term be modified to the following:
Google agrees to your proposed modification.
We also explained that Google's vendor has had difficulty running the terms that include the
patent numbers, as outlined in my letter of April 6. They informed us yesterday that they should
be able to update us today on this issue.
Dates of Production
As discussed during our meet and confer, excluding any documents related to the "unsent
emails" issue and the overbroad "Ads Quality" search term, Google provided an estimated
completion date for custodial production by June 15, 2012. We explained that this date was an
estimate rather than a firm deadline, as it assumes that no substantial issues arise during the
review. We further noted that Plaintiff s proposed date of April 30, 2012 for the completion of
its custodial document production was also an estimated date, rather than a firm date. Google
indicated, as previously discussed in our meet and confers and correspondence, that it would
prioritize the production of documents from those custodians listed in its initial disclosures.
Google has further committed to rolling custodial productions to Plaintiff, rather than producing
all documents at the end of the review.
You objected to the June 15 date, and stated that you would move to compel immediately. You
stated that you would move to compel production of documents, which we had agreed to produce
as you acknowledged. You stated that you would move in the alternative to compel production
by a date certain, such as April 30, 2012. We explained that the search across the full custodial
collection (excludin the "Ads Quali " term and the unsent emails) resulted in
We explained that Google was
committing significant resources to this process, and was working to complete the review as
quickly as feasible. We asked how you would suggest that Google review, process, and produce
this many documents in a shorter time frame. You had no proposal.
You asked why Google had not begun reviewing and producing emails sooner, before the search
term list was finalized. However, we have made it clear throughout the course of this litigation
that Google was only willing to process and review custodial documents one time. Any other
process would have been inefficient; for example, de-duplication across the entire custodial
collection would have been more difficult. In addition, your position that you expected
otherwise is disingenuous given the fact that, as recently as our March 1 meet and confer, you
were apparently under the impression that the parties had agreed not to produce emails.
Obviously the majority of these custodial documents are email families.
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