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

Filing 696

Proposed Voir Dire by I/P Engine, Inc.. (Snow, W. Ryan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
)
)
Plaintiff,
)
v.
)
)
AOL, INC. et al.,
)
)
Defendants.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

PLAINTIFF I/P ENGINE, INC.’S PROPOSED VOIRE DIRE QUESTIONS
Pursuant to the Court’s February 15, 2012 Scheduling Order (Dkt. No. 90) and Local
Civil Rule 51, Plaintiff I/P Engine, Inc. (“I/P Engine”) hereby submits its Proposed Voire Dire
Questions. I/P Engine reserves the right to modify and/or supplement its Proposed Voire Dire
Questions based upon resolution of any outstanding motions.

PROPOSED VOIR DIRE QUESTIONS
1. YOU HAVE BEEN GIVEN A LIST OF COMPANIES.
A. DO YOU OR DOES ANYONE YOU KNOW WORK FOR ANY OF THESE
COMPANIES?
B. HAVE YOU OR HAS ANYONE CLOSE TO YOU EVER DONE BUSINESS
WITH ANY OF THESE COMPANIES?
C. DO YOU OR DOES ANYONE CLOSE TO YOU NOW HAVE, OR HAVE YOU
OR THEY EVER HAD ANY FINANCIAL INTEREST IN ANY OF THESE
COMPANIES?
D. DO YOU HAVE ANY STRONG OPINIONS ABOUT ANY OF THESE
COMPANIES?
2. YOU HAVE BEEN GIVEN A LIST OF ATTORNEYS AND LAW FIRMS
INVOLVED IN THIS LITIGATION. DO YOU HAVE ANY PERSONAL
KNOWLEDGE OF ANY OF THESE FIRMS OR ATTORNEYS?
3. YOU HAVE BEEN GIVEN A LIST OF THE INDIVIDUALS WHO MIGHT APPEAR
AS WITNESSES IN THIS CASE. DO YOU KNOW ANY OF THESE
INDIVIDUALS?
4. YOU HAVE BEEN GIVEN A LIST OF SUBJECT AREAS. HAVE YOU EVER
TAKEN ANY COURSES IN, BEEN EMPLOYED IN OR HAD ANY EXPERIENCE
WITH ANY OF THE LISTED AREAS?
5. HAVE YOU EVER SERVED AS A JUROR BEFORE?
6. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER BEEN THROUGH
BANKRUPTCY?
7. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER WORKED FOR THE
UNITED STATES GOVERNMENT?
8. HAVE YOU EVER SERVED IN THE CAPACITY OF A MANAGER OR
SUPERVISOR AT WORK?
9. DO YOU HOLD ANY LEADERSHIP POSITIONS IN ANY SOCIAL, CIVIC,
PROFESSIONAL OR RELIGIOUS GROUPS TO WHICH YOU BELONG?
10. HAVE YOU EVER BEEN SELF-EMPLOYED OR OWNED YOUR OWN
BUSINESS?
11. DO YOU HAVE ANY EXPERIENCE IN ACCOUNTING OR BOOKKEEPING?

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12. WOULD YOU SAY THAT YOUR OPINION OF LARGE CORPORATIONS IS
POSITIVE, NEGATIVE, OR THAT YOU DON’T HAVE AN OPINION ONE WAY
OR THE OTHER ON THIS TOPIC?
13. DO YOU BELONG TO OR SYMPATHIZE WITH ANY ORGANIZATIONS THAT
ADVOCATE TORT REFORM OR CHANGES IN THE JUDICIAL SYSTEM?
14. THIS CASE INVOLVES A CLAIM OF PATENT INFRINGEMENT. IS THERE
ANYONE HERE WHO HAS A NEGATIVE OPINION ABOUT THESE TYPES OF
CASES OR THE PEOPLE/COMPANIES THAT BRING PATENT INFRINGEMENT
CASES?
15. DOES ANYONE HERE TEND TO DOUBT, OR JUST DOESN’T BELIEVE, THAT
BIG COMPANIES WOULD, AND OFTEN DO, INFRINGE THE PATENT RIGHTS
OF OTHER COMPANIES? IN OTHER WORDS, WOULD YOU BE RELUCTANT
TO BELIEVE OR TEND NOT TO BELIEVE THAT A BIG COMPANY WOULD USE
SOME OTHER COMPANY’S INVENTION WITHOUT PERMISSION?
16. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER INVENTED
ANYTHING?
17. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER APPLIED FOR OR
OWNED A PATENT?
18. DO YOU HAVE ANY NEGATIVE VIEWS ABOUT GOVERNMENT AGENCIES,
LIKE THE UNITED STATES PATENT AND TRADEMARK OFFICE, AND THE
WAY THAT THEY DO THEIR JOBS?
19. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND, EVER HELD A JOB
WHICH INVOLVES WORK WITH PATENTS OR WITH PATENT LAWYERS?
20. DO YOU HAVE ANY POSITIVE OR NEGATIVE OPINIONS ABOUT
TECHNOLOGY, PATENTS OR PATENTEES’ RIGHTS TO A MONOPOLY ON
THEIR PATENTED TECHNOLOGY? IF YES, PLEASE EXPLAIN YOUR ANSWER.
21. DO YOU BELIEVE THAT AN INVENTOR WHO GETS A PATENT HAS A RIGHT
TO MAKE MONEY FROM HIS PATENTED INVENTION?
22. IT IS NORMAL FOR PATENTS TO CHANGE HANDS; THEY ARE BOUGHT AND
SOLD MUCH LIKE LAND OR HOUSES ARE BOUGHT AND SOLD. DOES
ANYONE HAVE A PROBLEM OR CONCERN ABOUT A COMPANY BUYING A
PATENT THEN SUING OTHER COMPANIES FOR INFRINGEMENT OF THAT
PATENT?
23. DO YOU BELIEVE THAT THE PATENT SYSTEM DISCOURAGES INNOVATION?
24. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER WORKED FOR A
HIGH-TECHNOLOGY COMPANY?
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25. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER BEEN INVOLVED
IN A CONFLICT OR DISPUTE PERTAINING TO THE OWNERSHIP OF AN IDEA
OR PRODUCT?
26. THIS CASE INVOLVES CERTAIN ASPECTS OF TECHNOLOGY RELATING TO
INTERNET SEARCH-ADVERTISING. BASED ON THAT DESCRIPTION, DO YOU
KNOW ANYTHING ABOUT THE TECHNOLOGY IN THIS CASE?
27. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER BEEN EMPLOYED
IN OR BY A COMPANY THAT SPECIALIZES IN EITHER INTERNET SEARCH
ENGINES, OR IN CREATING AND PLACING ADVERTISING ON THE
INTERNET?
28. DO YOU OWN A COMPUTER THAT IS CONNECTED TO THE INTERNET?
29. HOW FREQUENTLY DO YOU USE INTERNET SEARCH ENGINES?
30. WHO HERE SHOPS ONLINE MORE THAN ONCE A MONTH?
31. HAVE YOU, A CLOSE RELATIVE, OR GOOD FRIEND EVER USED GOOGLE’S
ADWORDS FOR INTERNET ADVERTISING?
32. HAVE YOU EVER DONE ANY COMPUTER PROGRAMMING OR WRITTEN ANY
COMPUTER CODE?
33. DO YOU HAVE ANY NEGATIVE OPINIONS ABOUT COMPANIES THAT TURN
TO THE COURTS TO HELP THEM RESOLVE BUSINESS DISPUTES?
34. IF THE EVIDENCE CALLED FOR AN AWARD OF A LARGE AMOUNT OF
DAMAGES TO ONE COMPANY TO BE PAID BY ANOTHER COMPANY OR
COMPANIES, AS A JUROR WOULD YOU HAVE A PROBLEM GIVING THIS
AWARD?
35. DO YOU THINK THAT YOU WOULD HAVE A HARD TIME AWARDING AN
AMOUNT OF DAMAGES OVER $100 MILLION, IF THE EVIDENCE SUPPORTED
IT?
36. HAVE YOU OR ANY MEMBER OF YOUR FAMILY EVER BEEN INVOLVED IN A
LAWSUIT, EITHER AS A PLAINTIFF, DEFENDANT OR WITNESS? IF YES,
PLEASE
A. IDENTIFY THE INDIVIDUAL, FIRM, CORPORATION OR
GOVERNMENTAL BODY AGAINST WHOM THE CLAIM OR LAWSUIT
WAS FILED.
B. DESCRIBE THE NATURE OF THE CLAIM OR LAWSUIT.
C. STATE THE APPROXIMATE DATE THEREOF.
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D. DESCRIBE THE OUTCOME.
E. STATE WHETHER THE PARTIES TO THE ACTION WERE TREATED
FAIRLY. IF NOT, PLEASE SAY WHY.
37. DO YOU HARBOR ANY PREJUDICE OR BIAS WHICH MIGHT PREVENT YOU
FROM SITTING AS A FAIR AND IMPARTIAL JUROR IN THIS CASE?
38. DURING THIS CASE, IF YOU FORMED AN OPINION, WOULD IT BE DIFFICULT
FOR YOU TO KEEP AN OPEN MIND AND LISTEN TO THE OPINIONS OF
OTHERS?

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COMPANIES
I/P Engine, Inc.
AOL, Inc.
Google, Inc.
IAC Search & Media, Inc.
Gannett Co., Inc.
Target Corporation
Innovate/Protect, Inc.
Vringo, Inc.
Hudson Bay Capital Management, LP
ATTORNEYS AND FIRMS
Dickstein Shapiro, LLP
Jeffrey K. Sherwood
Frank C. Cimino, Jr.
Kenneth W. Brothers
Charles J. Monterio, Jr.
Dawn Rudenko Albert
Leslie Jacobs, Jr.
Jonathan Falkler
James L. Ryerson
Krista Carter
Katie Scott
Crenshaw, Ware & Martin PLC
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
Quinn Emanuel Urquhart & Sullivan, LLP
David L. Bilsker
David A. Perlson
Emily C. O’Brien
Jennifer J. Ghaussy
Joshua L. Sohn
Antonio R. Sistos
Howard Y. Chen
Margaret P. Kammerud
Robert Wilson
Sarah Ugudo
Jennifer A. Kash
David A. Nelson
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Kaufman & Canoles, P.C.
Stephen E. Noona
Finnegan, Henderson, Farabow, Garrett, & Dunner, LLP
Robert L. Burns
Cortney S. Alexander
WITNESSES
Andrew K. Lang
Andrew D. Perlman
Dr. Ophir Frieder
Dr. Stephen L. Becker
Dr. Jamie Carbonell
Jonathan Alferness
Gary Holt
Donald M. Kosak
Alexander R. Berger
Derek Leslie-Cook
Bartholomew Furrow
Robert Hickernell
Sanjay Datta
James Maccoun
Nicholas Fox
Jonathan Diorio
Mark Blais
Stephen Kurtz
James Christopherson
Celia Denery
Dr. Lyle Ungar
Dr. Keith Ugone
Gary Culliss
Rubin Ortega
Kevin Cotter
Marie Bamford
SUBJECT AREAS
Computer science education or background
Electrical engineering education or background
Legal education or background
Search engine/search advertising background

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Dated: October 9, 2012

Respectfully submitted,

/s/ Donald C. Schultz
Donald C. Schultz
(Virginia Bar No. 30531)
W. Ryan Snow
(Virginia Bar No. 47423)
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Jeffrey K. Sherwood
(Virginia Bar No. 19222)
Frank C. Cimino, Jr.
Kenneth W. Brothers
Dawn Rudenko Albert
Charles J. Monterio, Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff I/P Engine, Inc.

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CERTIFICATE OF SERVICE
I certify that on the

9th

day of October 2012, I will electronically file the

foregoing with the Clerk of Court using the CM/ECF system, which will send electronic
notification of such filing to the following:
Stephen E. Noona, Esq.
Kaufman & Canoles, P.C.
150 W Main St., Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker, Esq.
David Perlson, Esq.
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns, Esq.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander, Esq.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]

/s/ Donald C. Schultz

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