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)

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Exhibit D 1 1 STATES UNITED DISTRICT COURT 2 EASTERN DISTRICT OF VIRGINIA 3 NORFOLK DIVISION 4 ------------------------x 5 I/P ENGINE, INC., Plaintiff, 6 7 v. : : Civ. Action No. : 2:11-cv-512 8 AOL, INC., et al., : 9 Defendants. : 10 ------------------------x 11 12 13 CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY 14 Videotaped Deposition of NICHOLAS FOX 15 San Francisco, California 16 Wednesday, September 12, 2012 9:10 a.m. 17 18 19 20 21 22 23 Job No.: 25943 24 Pages: 1 - 237 25 Reported by: GINA V. CARBONE, CSR#8249, RPR, CCRR CONFIDENTIAL VIDEOTAPED DEPOSITION OF NICHOLAS FOX CONDUCTED ON WEDNESDAY, SEPTEMBER 12, 2012 161 MR. CIMINO: 1 2 Q. revenue Google has earned from its advertisers? 3 MR. PERLSON: 4 MR. CIMINO: 5 Objection. Q. 03:25:15 03:25:16 Form. 03:25:20 Since Smart Ads came on 03:25:21 line? 03:25:24 A. 6 7 Do you know how much I don't have that number off the top of my head. 03:25:35 03:25:36 8 Q. It's in the billions? 03:25:37 9 A. Yes. 03:25:38 10 Q. Is it confidential that the statement that the 03:25:44 11 historical click-through rate of the keyword of the 03:25:49 12 matched ad is a factor that makes up quality score is 03:25:51 13 technically inaccurate? 03:26:04 14 MR. PERLSON: Objection. 15 THE WITNESS: I would say that's confidential. 16 MR. CIMINO: Q. Form. And that is also 03:26:06 03:26:10 03:26:14 17 confidential, I assume, that the statement that the 03:26:16 18 historical click-through rate of the keyword in the 03:26:19 19 matched ad on the Google domain making up quality 03:26:21 20 score is inaccurate using our definition from 03:26:24 21 Dictionary.com. Correct? 03:26:27 It's free of error. 22 A. I would say that's also confidential. 03:26:32 23 Q. Has Google ever discussed the technical 03:26:41 24 inaccuracy with any advertiser about historical 03:26:45 25 click-through rate? 03:26:50 CONFIDENTIAL - OUTSIDE COUNSELS' EYES ONLY PLANET DEPOS | 888.433.3767 | WWW.PLANETDEPOS.COM

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