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

Filing 711

Declaration re 710 Memorandum in Support, of Emily O'Brien in Support of Defendants Emergency Motion For Sanctions and To Strike Plaintiffs Supplemental Expert Report In Violation Of the Courts October 9 Order by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)

Download PDF
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 SECOND UPDATED EXPERT REPORT OF OPHIR FRIEDER ON INFRINGEMENT OF U.S. PATENT NOS. 6,314,420 AND 6,775,664 I. INTRODUCTION 1. I have been retained by Dickstein Shapiro LLP, attorneys for I/P Engine, Inc. (“I/P Engine”) in the above-captioned case, which I understand to be a patent infringement case involving U.S. Patent Nos. 6,314,420 (“the ‘420 patent”) and U.S. Patent No. 6,775,664 (“the ‘664 patent”). I previously submitted a report on July 25, 2012, and an updated report on September 4, 2012, in which I opined that all asserted claims are infringed. 2. I update my report in view of the Court’s Order of October 9, 2012 (D.I. 697), and in view of the additional source code produced by Google after the close of discovery on September 17, 2012, subsequent to my deposition in this case and my expert reports. CONFIDENTIAL OUTSIDE COUNSEL ONLY II. NON-INFRINGING ALTERNATIVES 3. I have reviewed the “non-infringing alternatives” set forth in Dr. Ungar’s August 30, 2012 Expert Report Concerning Noninfringement and Dr. Ugone’s August 29, 2012 Rebuttal Expert Report. 4. In my opinion, none of the alternatives set forth in Dr. Ungar and Dr. Ugone’s reports would have the same advantages of the system currently used by Google, and none of them would be acceptable substitutes for Google’s current system. The proposed alternatives would not produce the same quality results because none of the proposed alternatives would consider the relevance of an advertisement to the user’s query. III. ADDITIONAL SOURCE CODE PRODUCTION 5. Since my July 25 report and September 4 update, and my September 6 deposition, I have learned that Google produced additional source code on September 17, 2012, after the close of discovery. 6. The “Google17” model includes attribute templates corresponding to, among . See SC-G- other things, the IPE00000151-154 (for example, . These attribute templates are similar to attribute templates identified in the prior source code productions. See SC-G-IPE00000001-4 (for example, . The source code shows that other earlier models also included attribute templates corresponding to the . See SC-G-IPE00000151-229 (for example, “Google15,” “Google9” and “Google7” models). 2 CONFIDENTIAL OUTSIDE COUNSEL ONLY 7. The models produced on September 17, 2012 therefore further confirm that historical versions of SmartASS infringe the asserted patents for the same reasons as set forth in my July 25 report. Specifically, it confirms my conclusion, supported by the documents and testimony cited in my original report, that the accused AdWords systems have infringed the asserted claims of the ‘420 and ‘664 patents since the launch of SmartASS in 2004. 8. Executed on this 11th day of October 2012, in Washington, DC. By Ophir Frieder 3 CONFIDENTIAL OUTSIDE COUNSEL ONLY CERTIFICATE OF SERVICE I hereby certify that on this 12th day of October, 2012, the foregoing SECOND UPDATED EXPERT REPORT OF OPHIR FRIEDER ON INFRINGEMENT OF U.S. PATENT NOS. 6.314.420 AND 6,775,664, was served via electronic mail, on the following: Stephen Edward Noona Kaufman & Canoles, P.C. 150 W Main St Suite 2100 Norfolk, VA 23510 senoona@kaufcan.com David Bilsker David Perlson Quinn Emanuel Urquhart & Sullivan LLP 50 California Street, 22nd Floor San Francisco, CA 94111 davidbilsker@quinnemanuel.com davidperlson@quinnemanuel.com Robert L. Burns Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190 robert.burns@finnegan.com Cortney S. Alexander Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 3500 SunTrust Plaza 303 Peachtree Street, NE Atlanta, GA 94111 cortney.alexander@finnegan.com /s/ Jeffrey K. Sherwood 3 DSMDB-3102067

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?