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

Filing 806

Declaration re 805 Opposition,, Declaration of Keith R. Ugone, PhD. in Support of Defendants' Opposition to Plaintiff's Motion for an Award pf Prejudgment Interest, Post-Judgment Interest and Supplemental Damages by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Noona, Stephen)

Exhibit 1

$2,277

$7

$4,140

$497

$278,534

$11,011

$36

$23,803

$2,401

$1,601,571

$2

$1,041

$2,868

$1,912,974

$5,705

$3,805,236

0.11%

Q4 2011

$8,046

$26

$23,544

$1,754

$1,584,162

$1

$1,030

$2,096

$1,892,181

$4,168

$3,763,874

0.16%

Q1 2012

$4,655

$15

$23,544

$1,015

$1,584,162

$1

$1,030

$1,213

$1,892,181

$2,412

$3,763,874

0.19%

Q2 2012

$1,340

$4

$23,803

$292

$1,601,571

$0

$1,041

$349

$1,912,974

$694

$3,805,236

0.18%

Q3 2012

$27,329

$89

$98,833

$5,959

$6,650,000

$4

$4,322

$7,118

$7,943,000

$14,159

$15,800,000

Total

Notes:
(a) For the purpose of this analysis, it is assumed that interest starts accruing at the end of each period. The treasury rate for October
2012 is 0.18%.
(b) Jury awarded damages are allocated to the quarters between September 15, 2011 and September 30, 2012 using the number of
days in each quarter relative to the number of days in the entire time period (i.e., 382 days).
(c) As an illustrative example, for Google, interest associated with the Q3 2011 allocated damages is calculated as
($661,780*(1+(0.11%/4)+(0.16%/4)+(0.19%/4)+(0.18%/4))*(1+(0.18%/365)*37)) - $661,780. Interest associated with the Q4 2011
allocated damages is calculated as ($3,805,236*(1+(0.16%/4)+(0.19%/4)+(0.18%/4)+((0.18%/365)*37))) - $3,805,236.
(d) Treasury rates shown reflect quarterly averages. Interest calculations may not tie due to rounding.

Total Interest

Interest

Target
Allocated Damages

Interest

IAC
Allocated Damages

$0

$181

Gannett
Allocated Damages

Interest

$593

$332,691

$1,180

$661,780

Interest

AOL
Allocated Damages

Interest

Google
Allocated Damages

Treasury Rate

Q3 2011

Prejudgment Interest
Compounded Annually Using the 1-Year Treasury Rate
9/15/2011 - 11/6/2012

$661,780

Q3 2011

$11,944

AOL
Allocated Damages

Interest

$4,140

Target
Allocated Damages

$45,858

$203,386

$659

$23,803

$44,350

$1,601,571

$29

$1,041

$52,974

$1,912,974

$105,374

$3,805,236

Q4 2011

$142,310

$461

$23,544

$31,032

$1,584,162

$20

$1,030

$37,066

$1,892,181

$73,731

$3,763,874

Q1 2012

$83,446

$270

$23,544

$18,196

$1,584,162

$12

$1,030

$21,734

$1,892,181

$43,233

$3,763,874

Q2 2012

$24,197

$78

$23,803

$5,276

$1,601,571

$3

$1,041

$6,302

$1,912,974

$12,536

$3,805,236

Q3 2012

$499,197

$1,618

$98,833

$108,855

$6,650,000

$71

$4,322

$130,020

$7,943,000

$258,633

$15,800,000

Total

Notes:
(a) For the purpose of this analysis, it is assumed that interest starts accruing at the end of each period.
(b) Jury awarded damages are allocated to the quarters between September 15, 2011 and September 30, 2012 using the number of days
in each quarter relative to the number of days in the entire time period (i.e., 382 days).
(c) As an illustrative example, for Google, interest associated with the Q3 2011 allocated damages is calculated as
($661,780*3.25%)+($661,780*(1+3.25%)*(3.25%/365)*37). Interest associated with the Q4 2011 allocated damages is calculated as
$3,805,236*(3.25%/365)*311.

Total Interest

$149

$10,000

Interest

Interest

$278,534

$6

IAC
Allocated Damages

Interest

$181

$332,691

Interest

Gannett
Allocated Damages

$23,759

Allocated Damages

Google

Prejudgment Interest
Compounded Annually Using the Prime Rate (3.25%)
9/15/2011 - 11/6/2012