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

Filing 840

Declaration re 837 Memorandum in Support, of Jeffrey K. Sherwood by I/P Engine, Inc.. (Sherwood, Jeffrey)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
)
)
Plaintiff,
)
v.
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)
AOL, INC. et al.,
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)
Defendants.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

DECLARATION OF JEFFREY K. SHERWOOD
IN SUPPORT OF I/P ENGINE INC.’S MOTION FOR JUDGMENT UNDER RULE 52(B)
AND A NEW TRIAL UNDER RULE 59

I, Jeffrey K. Sherwood, declare as follows:
1.

I am a partner with the law firm of Dickstein Shapiro LLP, 1825 Eye Street N.W.,

Washington, DC 20006 and am counsel for Plaintiff I/P Engine, Inc. (“I/P Engine”) in the abovecaptioned litigation. I have personal knowledge of the facts stated herein.
2.

I attended the October 9 pretrial conference held in Norfolk, Virginia. The

hearing was not transcribed. At the October 9 pretrial conference, the Court indicated that it
would not submit the issue of laches to the jury, but that the Court instead would decide the
issue. The Court observed that it might be possible to elicit certain laches-related evidence from
witnesses in front of the jury, but that other laches-related evidence would be received outside of
the presence of the jury. The Court did not indicate when it would take this evidence or when
the record on the non-jury issues would be complete. The Court did not indicate that it would
rule on laches before all evidence had been submitted or prior to the case being submitted to the

jury. I understood that the Court would accept laches evidence after the jury’s verdict and that
the Court would then rule on laches.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: December 18, 2012

By: /s/ Jeffrey K. Sherwood
Jeffrey K. Sherwood
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff I/P Engine, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of December, 2012, the foregoing
DECLARATION OF JEFFREY K. SHERWOOD IN SUPPORT OF I/P ENGINE INC.’S
MOTION FOR JUDGMENT UNDER RULE 52(B) AND A NEW TRIAL UNDER RULE
59, 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

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