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

Filing 795

Declaration re 792 MOTION FOR AN AWARD OF PREJUDGMENT INTEREST, POST-JUDGMENT INTEREST, AND SUPPLEMENTAL DAMAGES FOR DEFENDANTS POST-DISCOVERY/PRE-VERDICT INFRINGEMENT of Dawn Rudenko, Esq. by I/P Engine, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Sherwood, Jeffrey)

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

DECLARATION OF DAWN RUDENKO, ESQ. IN SUPPORT OF PLAINTIFF I/P
ENGINE, INC.’S MOTION FOR AN AWARD OF PREJUDGMENT INTEREST, POSTJUDGMENT INTEREST, AND SUPPLEMENTAL DAMAGES FOR DEFENDANTS’
POST-DISCOVERY/PRE-VERDICT INFRINGEMENT

I, Dawn Rudenko, Esq., declare as follows:
1.

I am a partner with the law firm Dickstein Shapiro LLP, counsel of record for

plaintiff I/P Engine, Inc. I make this declaration in support of I/P Engine’s Motion for an Award
of Prejudgment Interest, Post-Judgment Interest and Damages for Defendants’ Continuing
Infringement. I have personal knowledge of the facts set forth in this Declaration. If called upon
to testify, I could and would certify competently to these facts.
2.

On November 6, 2012, I requested via email that Defendants provide a

supplemental response to I/P Engine’s Interrogatory No. 15 to include the missing revenues from
October 1, 2012 to the present. A true and exact copy of my November 6, 2012 email is attached
hereto as Exhibit 1.

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3.

Defendants refused to provide the requested supplemental information. A true

and exact copy of Sarah Agudo, Esq. of Quinn Emanual dated November 7, 2012 is attached
hereto as Exhibit 2.
4.

Based upon Defendants’ November 7, 2012 response, I requested that

Defendants review the Court’s decision in the ActiveVideo Networks, Inc. case relating to this
issue. I further explained that the ActiveVideo decision is support I/P Engine’s request. I
requested to meet and confer with counsel on the following day, if Defendants remained
unwilling to provide the requested supplemental information. A true and exact copy of my
November 7, 2012 email is attached hereto as Exhibit 3.
5.

Defendants did not respond to my November 7, 2012 email.

6.

On November 9, 2012, I reiterated I/P Engine’s request for either supplementation

or a meet and confer. A true and exact copy of my November 9, 2012 email is attached hereto as
Exhibit 4.
7.

Defendants’ counsel responded asking for the ActiveVideo Networks decision and

wanting to know what we intended to do with the supplemental information. I responded by
sending the ActiveVideo decision; again stating that I/P Engine is seeking supplemental damages;
and again asked for the supplemental data or a meet and confer. Counsel was not available to
meet and confer today. Neither did counsel agree to provide the requested information. A true
and exact copy of this November 9, 2012 email exchange between Defendants’ counsel and
myself is attached hereto as Exhibit 5.
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*

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I declare under penalty of perjury that the foregoing is true and correct. I execute this
declaration on November 9, 2012.

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_/s/ Dawn Rudenko__________
Dawn Rudenko

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CERTIFICATE OF SERVICE
I hereby certify that on this 9th day of November, 2012, the foregoing DECLARATION
OF DAWN RUDENKO, ESQ. IN SUPPORT OF PLAINTIFF I/P ENGINE, INC.’S MOTION
FOR AN AWARD OF PREJUDGMENT INTEREST, POST-JUDGMENT INTEREST, AND
SUPPLEMENTAL DAMAGES FOR DEFENDANTS’ POST-DISCOVERY/PRE-VERDICT
INFRINGEMENT was served via the Court’s CM/ECF system on the following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]
/s/ Jeffrey K. Sherwood