I/P Engine, Inc. v. AOL, Inc. et al
Filing
846
Joint MOTION for Extension of Time to File Response/Reply as to 825 MOTION for New Trial on the Dollar Amount of Past Damages, 833 MOTION for Judgment as a Matter of Law Renewed Motion For Judgment As A Matter Of Law On Damages Or A New Trial, 822 MOTION for an Award of Post-Judgment Royalties, 835 MOTION for Judgment under Rule 52(B) and a New Trial under Rule 59, 820 MOTION for Judgment as a Matter of Law Defendants Renewed Motion For Judgment As A Matter Of Law On Invalidity Or New Trial, 831 MOTION for Judgment as a Matter of Law Renewed Motion For Judgment As A Matter Of Law On Non-Infringement Or New Trial by AOL Inc., Gannett Company, Inc., Google Inc., I/P Engine, Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
I/P ENGINE, INC.
Plaintiff,
Civil Action No. 2:11-cv-512
v.
AOL INC., et al.,
Defendants.
JOINT MOTION AND MEMORANDUM IN SUPPORT OF JOINT MOTION FOR
EXTENSION OF TIME TO FILE RESPONSES AND REPLIES TO POST-JUDGMENT
MOTIONS FILED BY THE PARTIES
The Defendants AOL Inc. (“AOL”), IAC Search & Media, Inc. (“IAC Search & Media”),
Gannett Co., Inc. (“Gannett”), Target Corporation (“Target”), and Google Inc. (“Google”)
(collectively “Defendants”), and the Plaintiff, I/P Engine, Inc. (“I/P Engine”), by counsel,
pursuant to Rule 7 of the Local Rules of Practice for the United States District Court for the
Eastern District of Virginia, jointly move this Court for entry of an order granting the parties an
extension of time to file both opposition briefs to and reply briefs in support of the various postjudgment motions filed by the parties, and in support thereof state as follows:
1.
On December 18, 2012, the parties filed the following post-judgment motions
(collectively, “Post-Judgment Motions”):
A. By Defendants:
•
•
Renewed Motion for Judgment as a Matter of Law on Invalidity or New Trial
(Dkt. 820);
Renewed Motion for Judgment as a Matter of Law on Non-Infringement or
New Trial (Dkt. 831); and
•
B.
Renewed Motion for Judgment as a Matter of Law on Damages or a New
Trial (Dkt. 833);
By Plaintiff:
•
•
•
Motion for an Award of Post-Judgment Royalties by I/P Engine, Inc. (Dkt.
822)1;
Motion for New Trial on the Dollar Amount of Past Damages by I/P Engine,
Inc. (Dkt. 825);
Motion for Judgment under Rule 52(B) and a New Trial under Rule 59 by I/P
Engine, Inc. (Dkt. 835).
Under Local Rule 7 and Fed. R. Civ. P. 6, Oppositions to the Post-Judgment Motions are due on
or before January 3, 2013, and Reply Briefs in Support of the Post-Judgment Motions are due on
or before January 10, 2013.
2.
Because of the interceding holidays, the parties have agreed to extend the date to
file oppositions to Post-Judgment Motions through and including January 25, 2013, and the date
to file Reply Briefs in Support of the Post-Judgment Motions through and including February 15,
2013.
3.
Granting these extensions will not prejudice the Court or the parties and will
allow a more orderly presentation of pleadings on the Post-Judgment Motions.
4.
Attached as Exhibit 1 is a proposed agreed order granting the jointly requested
extensions.
WHEREFORE, the parties, by counsel, jointly request that this Court enter the proposed
agreed order attached as Exhibit 1 granting the parties through and including January 25, 2013,
and the date to file Reply Briefs in Support of the Post-Judgment Motions through and including
February 15, 2013.
1
Defendants plan to file a separate motion seeking a postponement of resolution and briefing on Plaintiff’s Motion
for an Award of Post-Judgment Royalties and/or enlargement of time to respond. I/P Engine intends to oppose that
motion.
2
Dated: December 21, 2012
Respectfully submitted,
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
Counsel for AOL Inc., Google Inc., IAC Search &
Media, Inc., Gannett Co., Inc. and Target
Corporation
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Counsel for Google Inc., IAC Search & Media, Inc.,
Gannett Co., Inc. and Target Corporation
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
3
11955 Freedom Drive
Reston, VA 20190
Telephone: (571) 203-2700
Facsimile: (202) 408-4400
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: (404) 653-6400
Facsimile: (415) 653-6444
Counsel for Defendant AOL Inc.
/s/ W. Ryan Snow_______
W. Ryan Snow
Donald C. Schultz
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
dschultz@cwm-law.cm
wrsnow@cwm-law.com
sstancliff@cwm-law.com
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
sherwoodj@dicksteinshapiro.com
brothersk@dicksteinshapiro.com
Counsel for Plaintiff, I/P Engine, Inc.
4
CERTIFICATE OF SERVICE
I hereby certify that on December 21, 2012, I will electronically file the foregoing with
the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF)
to the following:
W. Ryan Snow
Donald C. Schultz
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
dschultz@cwm-law.cm
wrsnow@cwm-law.com
sstancliff@cwm-law.com
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
sherwoodj@dicksteinshapiro.com
brothersk@dicksteinshapiro.com
Counsel for Plaintiff, I/P Engine, Inc.
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
5
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