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
)
I/P ENGINE, INC.,
Plaintiff,
v.
AOL, INC. et al.,
Defendants.
)
)
)
)
)
)
)
)
)
Civ. Action No. 2:11-cv-512
MOTION TO SEAL VP 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
EXHIBIT 15 FILED UNDER SEAL
DICKSTEINSHAPIROLLP
1825 Eye Street NW Washington, DC 20006-5403
(202)420-2200 I tAx (202)420-2201 J dicisteinshapiro.com
TEL
March 27, 2012
Via E-mail
Jen Ghaussy, Esq.
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Re:
Google's Outstanding Discovery Obligations
Dear Jen:
I write in response to your March 26, 2012 letter regarding Google's outstanding discovery
obligations.
VP Engine agrees to your proposed search
F/P Engine also agrees to withdraw theillillinliterms. 1/P
Engine reserves its rights with respect to all proposed and other search terms based on ongoing
discovery. I/P Engine additionally agrees that, as a general matter, neither side is obligated to
log, collect, or produce documents created after the filing date of this litigation.
ME=
We have been holding off on scheduling depositions of Google pending the completion of its
production, but we cannot wait any longer. Given that the parties have already agreed to
numerous search terms and Google's promise that it is producing documents on a rolling basis,
I/P Engine understands that Google has been collecting and preparing these documents for
production. We repeatedly have asked Google to identify a firm date by which I/P Engine can
expect to receive Google's complete production of custodial documents. To date, Google has
refused to do so. Please do so by tomorrow, March 28, 2012.
With respect to the requested prior litigation documents, please provide by tomorrow a firm date
by which Google will conclude its review of the documents at issue and produce the documents
related to the issues of damages and infringement.
Regarding the requested videos, I/P Engine understands that you will produce all 69 of the
videos requested by FP Engine, unless Google can show to I/P Engine's satisfaction that a
requested video is not reasonably calculated to lead to admissible evidence. Please provide by
tomorrow a firm date by which Google will conclude its review of the videos and produce the
related ones.
CONFIDENTIAL OUTSIDE COUNSEL ONLY
Los Angeles I New York I Orange County I Silicon Valley I Stamford I Washington, DC
DSMDB-3043742
DICKSTEINSHAPIROLLP
Jen Ghaussy, Esq.
March 27, 2012
Page 2
Additionally, please confirm that Google has produced all other Adwords litigation documents,
as well as license agreements and other damages-related documents. Please provide by
tomorrow a firm date by which Google, if necessary, will conclude its production of those
documents. I/P Engine intends to rely upon Google's discovery representation as to its
production date (or lack thereof) going forward.
I/P Engine understands that the parties are at an impasse regarding the Overture-related
documents. If this is not correct, and Google is prepared to provide by tomorrow a firm date by
which Google will produce all of those requested documents, then please advise.
I/P Engine has been very patient as it awaits Google's production of documents responsive to 1/P
Engine's document requests that were served in early November 2011. UP Engine believes that
Google should commit by tomorrow to complete the production of all of these documents by no
later than Monday, April 9, 2012. Google is on notice that if it refuses to commit by tomorrow
to complete its production of documents by April 9, then the parties are at an impasse and I/P
Engine will proceed to file a Motion to Compel.
Best regards,
.C.,harles J. Miin(erio Jr.
(202) 420-5167
MonterioC@dicksteinshapiro.com
CJM/
cc:
Stephen E. Noona
David Bilsker
Kenneth W. Brothers
Jeffrey K. Sherwood
DeAnna Allen
CONFIDENTIAL OUTSIDE COUNSEL ONLY
D5MD13-3043742
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