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

Filing 771

NOTICE by I/P Engine, Inc. Proffer of Evidence Related to Laches (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 PX 176, # 10 PX 408, # 11 PX 409, # 12 PX 410, # 13 PX 411, # 14 PX 412, # 15 PX 413, # 16 PX 414, # 17 PX 415, # 18 PX 416, # 19 PX 417 I, # 20 PX 417 II, # 21 PX 418, # 22 PX 419 I, # 23 PX 419 II, # 24 PX 421, # 25 DX 21, # 26 DX28, # 27 DX 255)(Sherwood, Jeffrey)

Exhibit C

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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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-------------------------x
I/P ENGINE, INC.,

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Plaintiff,
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v.

Civil Action No. 2:11-cv-512

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GOOGLE INC., et al.,
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Defendants.
-------------------------x

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CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

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Videotaped Deposition of DONALD M. KOSAK

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Washington, D.C.

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Thursday, May 31, 2012

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9:04 a.m.

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Reported by:

Amy E. Sikora, RPR, CRR, CSR-NY, CLR

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Job No. CS397174
Veritext Corporate Services
800-567-8658

973-410-4040

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1

Q.

Sure.

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A.

Google AdSense is what I had heard

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about.

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product names that are both advertising, I got

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them confused.

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The -- the two terms are -- you know, the

Q.

I'm sorry.

All right.

Well, with respect to

Google AdSense, you knew about it by 2005?

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A.

Right.

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Q.

And that was because you used it at

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Lycos?

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A.

Right, right.

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Q.

Did you have an understanding of how

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Google AdSense worked?
A.

I don't know how it worked internally.

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We knew enough to put the required tags on the

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page to call those ads, but what happens after

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that, I don't know.

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Q.
selected?

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MS. ALBERT:
Q.

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Did you have any idea how ads were

In Google AdSense?
MR. BILSKER:

Q.

Objection, vague.

Let me withdraw that.

Did you have any idea how ads were

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selected in Google AdSense in the 2005 time

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frame?

Veritext Corporate Services
800-567-8658

973-410-4040

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A.

No.

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Q.

Did you do anything to try to

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determine how ads were selected in the 2005 time

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frame in Google AdSense?

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A.

No.

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Q.

Is there a reason that you didn't do

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anything to try to identify how they were

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selected?

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A.

Yes.

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Q.

What was that reason?

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A.

There was no business reason for me to

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spend time on analy -- analyzing something that

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was, you know, wasn't a revenue stream for us.

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Why -- why would I analyze it?

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Q.

At that time in 2005, who owned the

two patents that are part of this case?
A.

In 2005, I'm not sure the ownership.

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I -- I believe it was probably Dom Communications

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Corporation.

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Q.

Not Lycos?

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A.

Well, Lycos was owned by Dom

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Communication Corporation at the time.

Hence, my

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uncertainty about the ownership, whether they

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were owned by a subdivision or the parent company

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or -- I don't know exactly who had the ownership

Veritext Corporate Services
800-567-8658

973-410-4040