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

Filing 89

Declaration re 88 Memorandum in Support of Margaret Kammerud in Support of Google's Motion to Compel Plaintiff to Provide Conception, Reduction-to-Practice, and Priority Date Infomation for the Patents-in-Suit by Google, Inc.. (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 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Noona, Stephen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
V.

Civil Action No. 2:11-cv-512

AOL, INC., et al.,
Defendants.

DECLARATION OF MARGARET KAMMERUD IN SUPPORT OF GOOGLE'S
MOTION TO COMPEL PLAINTIFF TO PROVIDE CONCEPTION, REDUCTION-TOPRACTICE, AND PRIORITY DATE INFORMATION FOR THE PATENTS-IN-SUIT
I, Margaret P. Kammerud, declare as follows:
1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and

am counsel for Defendant Google Inc. in the above-captioned case. I provide this declaration
upon personal knowledge and, if called upon as a witness, would testify competently as to the
matters recited herein.
2.

Attached hereto as Exhibit A is a true and correct copy of Plaintiff's Objections

and Responses to Google's First Set of Interrogatories, dated December 7, 2011.
3.

Attached hereto as Exhibit B is a true and correct copy of a letter from myself to

Plaintiff's counsel Ken Brothers, dated December 13, 2011.

4.

Attached hereto as Exhibit C is a true and correct copy of an email from Ken

Brothers to Google counsel David Perlson and myself, dated December 19, 2011.
5.

Attached hereto as Exhibit D is a true and correct copy of an email from David

Perlson to Ken Brothers, dated December 20, 2011.
6.

On December 22, 2011, the parties engaged in telephonic meet-and-confer

regarding Plaintiff's responses to Google's Interrogatory No. 1 and No. 9. David Perlson,
Jennifer Ghaussy, and myself participated in this meet-and-confer on behalf of Google, while
Ken Brothers and Charles Monterio participated on behalf of Plaintiff. During this meet-andconfer, Mr. Brothers stated that Plaintiff would not be able to give a complete response to
Google's Interrogatory No. 1 until it could review documents produced by third-party Lycos,
Inc., in response to a subpoena served by Google. During this meet-and-confer, Mr. Brothers
also stated that Plaintiff's current contention is that the priority date for the patents-in-suit is
December 3, 1998, but that Plaintiff had not decided whether it would rely on earlier patent
applications to pursue an earlier priority date.
7.

Attached hereto as Exhibit E is a true and correct copy of a letter from Plaintiff

counsel Charles Monterio to David Perlson, dated January 10, 2012.
8.

Attached hereto as Exhibit F is a true and correct copy of an email from Google

counsel Joshua Sohn to Ken Brothers, dated February 8, 2012.
9.

Attached hereto as Exhibit G is a true and correct copy of a letter from Charles

Monterio to Joshua Sohn, dated February 9, 2012.
10.

Attached hereto as Exhibit H is a true and correct copy of Defendants'

Preliminary Invalidity Contentions, dated January 24, 2012.

11.

Attached hereto as Exhibit I is a true and correct copy of an email from Armands

Chagnon, senior paralegal for Plaintiff's counsel, conveying to Google's counsel the document
production of Andrew Lang, named inventor of the patents-in-suit.
12.

Attached hereto as Exhibit J is a true and correct copy of an email from Ken

Brothers to myself, dated February 1, 2012.
13.

Attached hereto as Exhibit K is a true and correct copy of a letter from Lycos

counsel Mark Blais to Joshua Sohn, dated January 10, 2012.
I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.

Dated: February 13, 2012

Kammerud decl ISO Motion to Compel on Priority Dates_11545620(1).DOC

i\iat gat P. Kammerud
/If t

DATED: February 13, 2012

/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: [phone]
Facsimile: [phone]
[e-mail]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Google Inc.

CERTIFICATE OF SERVICE
I hereby certify that on February 13, 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:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.

Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc., and
Gannet Co., Inc.

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/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: [phone]
Facsimile: [phone]
[e-mail]
11464104_1.DOC

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