I/P Engine, Inc. v. AOL, Inc. et al
Filing
911
ORDER REGARDING PARTIES' JOINT RESPONSE TO THE COURT'S ORDER REGARDING OUTSTANDING MOTIONS TO SEAL CASE DOCUMENTS deeming certain motions moot; granting certain motions; denying certain motions; granting certain motions as to the lesser redacted materials. (See order for specifics.) Signed by District Judge Raymond A. Jackson and filed on 4/3/13. (mwin, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
F1LEDL
APR " 3 2013
I/P ENGINE, INC.
Plaintiff,
Civil Action No. 2:1 l-cv-512
v.
AOL, INC., et ai.
Defendants.
ORDER REGARDING PARTIES' JOINT RESPONSE TO THE COURT'S ORDER
REGARDING OUTSTANDING MOTIONS TO SEAL CASE DOCUMENTS
On this day came the parties, I/P Engine, Inc. ("Plaintiff) and AOL Inc., Gannett Co.,
Inc., Google Inc., IAC Search& Media, Inc., and TargetCorporation (collectively
"Defendants"), by counsel, pursuant to this Court's Order Regarding Outstanding Motions to
Seal Case Documents (ECF No. 886) ("Order Regarding Outstanding Motions to Seal"), and the
Parties' Joint Responseto the Court's Order Regarding Outstanding Motions to Seal (the
"Response"), and afterconsideration of that Response and arguments in support of that
Response, and for good cause shown, it is:
ORDERED THAT:
1.
The following pending motions to seal are DEEMED moot and therefore
withdrawn:
Motion Name
Docket Number
355
MOTION to Seal Exhibit 1 to its Memorandum in Support of Plaintiff I/P
Engines Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle
Ungar's New Theory of Invalidity and Opinions Regarding Claim
]
346,412
Construction
MOTION to Seal Documents and Close the Courtroom During
Presentation of Confidential Material at Trial
Joint MOTION to Amend/Correct 346 MOTION to Seal Documents and
Close the Courtroom During Presentation of Confidential Material at Trial
Joint Motion and Memorandum in Support of Joint Motion To
Amend/Modify SchedulingOrder to Provide Briefing Schedule for Motion
to Seal and Close Courtroom
436
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to Defendants'
514
Motion in Limine #1 along with Exhibits 5-6 and 11-12
MOTION to Seal Exhibits 1 and 2 to its Response to Defendants Motion to
Seal Documents and Close the Courtroom During Presentation of
Confidential Materials at Trial
MOTION to Seal Portions of the Order on the Final Pretrial Conference
687
The Clerk is instructed to return to the parties all previously filed materials relating to these
withdrawn motions.
2.
Based upon the parties' joint representations that there are no objections, the
following motions to seal are GRANTED:
Motion Name
Docket Number
280
289, 368
(Corrected D.N. 285)
MOTION to Seal Plaintiff I/P Engine, Inc.'s Second Motion for
Discovery Sanctions Regarding Untimely Discovery Responses
along with Exhibits 2,4, 5, 7, 8, 9,13, and 14 in support
MOTION to Seal [CORRECTED MOTION] Memorandum in
Support of Plaintiff I/P Engine, Inc.'s Third Motion for Discovery
Sanctions Regarding Untimely Discovery Responses along with
Exhibits 1, 4, 5, 6, 7, in support
296
312
Sealed Memorandum in Support of THIRD 285 MOTION to Seal
Memorandum in Support of Plaintiff I/P Engine, Inc.'s Third
Motion for Discovery Sanctions Regarding Untimely Discovery
Responses along with Exhibits 1,4, 5, 6, 7, in support
MOTION to Seal Portions of Defendants' Memorandum in Support
of Motion in Limine No. 3 to Exclude Marketing and High-Level
Non-Technical Matters Related to Historical Click-Through Rate,
and Exhibits F, H, I and J to the Declaration of Joshua L. Sohn in
Support of the Defendants' Various Motions in Limine
MOTION to Seal Exhibit 3 to the Memorandum in Support of
Plaintiff I/P Engine's First Motion in Limine to Exclude
Inadmissible Evidence
316
MOTION to Seal Portions of Memorandum in Support of
Defendants' Motion to Exclude Testimony from Stephen L. Becker
324
and Certain Materials Filed in Support Thereof
MOTION to Seal Portions of Memorandum in Support of
Defendants' Motion to Preclude Dr. Ophir Frieder from Testifying
331
338
Regarding Untimely Opinions that were Not Disclosed in his
Original Expert Report and Opinions that he Now Concedes are
Incorrect, and Certain Materials Filed in Support Thereof
MOTION to Seal the Memorandum in Support of Plaintiff I/P
Engine, Inc.'s Second Motion in Limine to Preclude NonComparable License Agreements along with Exhibits 1 and 2
MOTION to Seal the Memorandum in Support of Plaintiff I/P
Engine, Inc.'s Motion to Exclude Opinions and Testimony of Keith
R. Ugone along with Exhibits 1 and 2
343
425
429
MOTION to Seal Portions of the Declaration of Michael Hochberg
in Support of Plaintiff s and Defendants' Motions to Seal
MOTION to Seal its Opposition to Defendants Motion for
Summary Judgment along with Exhibits 8,11-19, 22-24, 27-32, 3439,45, 53-54, 56
MOTION to Seal (1) Portions of Defendants' Opposition to
Plaintiff I/P Engine's First Motion in Limine to Exclude
Inadmissible Evidence; (2) Portions of Defendants' Opposition to
Plaintiff I/P Engine's Second Motion in Limine to Preclude License
Agreements, and (3) Exhibits E and K to the Declaration of
Margaret P. Kammerud in Support of Defendants' Opposition to
Plaintiffs Motions in Limine
441
445
449
453
457
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants' Motion in Limine #2 along with Exhibits 1 and 2
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants' Motion in Limine #3 along with Exhibits 3-11
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants' Motion in Limine #4 along with Exhibits 1 and 2
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants' Motion in Limine #5 along with Exhibits 1 and 2
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants' Motion to Exclude the Testimony of Stephen L.
Becker along with Exhibits 1-5, 7-8, and 10-11
462
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants Motion to Preclude Dr. Frieder from Testifying
Regarding Untimely Opinions along with Exhibits 1-3 and 5
465
508
MOTION to Seal Defendants' Memorandum in Support of Their
Opposition to Plaintiff I/P Engine, Inc.'s Motion to Exclude
Opinions and Testimony of Keith R. Ugone
MOTION to Seal (1) Portions of Defendants' Opposition to
Plaintiffs Daubert Motion, and Fourth Motion in Limine, to
Exclude Lyle Ungar's New Theory of Invalidity and Opinions
Regarding Claim Construction and (2) Exhibits 10 and 12 to the
Declaration of Howard Chen in Support of Defendants'
Memorandum in Opposition to Plaintiffs Daubert Motion, and
Fourth Motion in Limine, to Exclude Lyle Ungar's New Theory of
Invalidity and Opinions Regarding Claim Construction
517
MOTION to Seal (1) Portions of Defendants' Memorandum in
Opposition to Plaintiffs Second Motion for Discovery Sanctions;
(2) Portions of Defendants' Memorandum in Opposition to
Plaintiffs Third Motion for Discovery Sanctions; (3) Portions of
the Declaration of Margaret Kammerud in Support of Defendants'
Opposition to Plaintiffs Third Motion for Discovery Sanctions; (4)
Portions of Exhibits A-E, G, I-K to the Declaration of Jennifer
Ghaussy in Support of Defendants' Opposition to Plaintiffs Second
524
Motion for Discovery Sanctions; and (5) Exhibits L-Q to the
Declaration of Margaret Kammerud in Support of Defendants'
Opposition to Plaintiffs Third Motion for Discovery Sanctions
MOTION to Seal Portions of the Reply in Support of Defendants'
Motion for Summary Judgment, and Exhibits 34 and 36 to the
Declaration of Joshua L. Sohn in Support of Defendants' Reply in
Support of Defendants' Motion for Summary Judgment
561
MOTION to Seal (1) Portions of Defendants' Reply Brief in
Support of Their Motion to Preclude Dr. Ophir Frieder from
Testifying Regarding Untimely Opinions that were not Disclosed in
his Original Expert Report and Opinions that he Now Concedes are
Incorrect; (2) Portions of Defendants' Reply Brief in Support of
their Motion to Exclude the Testimony of Stephen L. Becker; and
(3) Portions of Exhibit I to the Declaration of Howard Chen in
Support of Defendants' Reply Brief in Support of their Motion to
Preclude Dr. Ophir Frieder
567
MOTION to Seal Plaintiff I/P Engine, Inc.'s Reply in Further
Support of its Motion to Exclude Opinions and Testimony of Keith
R. Ugone along with Exhibits 1-3
647
MOTION to Seal Plaintiff I/P Engine, Inc.'s Reply in Further
Support of its Third Motion for Discovery Sanctions along with
Exhibits 1 and 2
684
MOTION to Seal Exhibits 1 and 4 to its Opposition to Defendants
Motion to Dismiss All Claims Against AOL, Inc., Gannett Co.,
Inc., IAC Search & Media, Inc., and Target Corporation
706
MOTION to Seal Portions Of Exhibit 1 To The O'Brien
Declaration In Support Of Defendants Motion For Sanctions And
To Strike Portions Of Dr. Frieder's Second Updated Expert Report
802
MOTION to Seal and Redact Portions of Trial Record
828
MOTION to Seal (1) Portions Of Defendants Memorandum In
Support Of Renewed Motion For Judgment As A Matter Of Law
On Non-Infringement Or New Trial; (2) Portions Of Defendants'
Memorandum In Support Of Renewed Motion For Judgment As A
Matter Of Law On Damages Or New Trial; And (3) Certain Exhibit
To The Declaration Of Joshua L. Sohn In Support Of Defendants
Renewed Motions For Judgment As A Matter Of Law On
Damages, Invalidity And Non-Infringement Or New Trial
866
MOTION to Seal Portions of Defendants' Memorandum in
Opposition to Plaintiffs Rule 59 Motion for a New Trial on the
Dollar Amount of Damages and Exhibit 2 to the Declaration of
Margaret P. Kammerud Filed in Support Thereof
873
MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants Renewed Motion for Judgment as a Matter of Law on
Non-Infringement or NewTrial
3.
Based upon the parties' joint representations, the following individual materials
subject to the motions to seal can be filed publicly and thus the motions are DENIED:
Document Description
Docket Number of
Docket Number
Motion to Be Ruled
of Document at
Upon
Issue
280
278, 342
Plaintiffs Memorandum in Support of Second
280
278-14, 366
motion for Sanctions
Exhibit 14 to Plaintiffs Memorandum in
289, 368 (Corrected
283
Plaintiffs Memorandum in Support of Third
283-4, 370
Exhibit 4 to Plaintiffs Memorandum in Support
283-5, 371
Exhibit 5 to Plaintiffs Memorandumin Support
304, 380
Defendants' Memorandum in Support of Motion
Support of Second motion for Sanctions
D.N. 285)
289, 368 (Corrected
Motion for Sanctions
D.N. 285)
289, 368 (Corrected
of Third Motion for Sanctions
D.N. 285)
296
of Third Motion for Sanctions
in Limine 3
296
310-6,381
296
310-8,382
Exhibit F to Defendants' Memorandum in
Support of Motion in Limine 3
Exhibit H to Defendants' Memorandum in
Support of Motion in Limine 3
296
310-9,383
Exhibit I to Defendants' Memorandum in
Exhibit I to Support of Motion in Limine 3
316
323-2, 387
Exhibit 2 to O'Brien Declaration in Support of
Defendants' Motion to Exclude Becker
316
323-13,398
316
321,402
324
329-8, 379
Exhibit 13 to O'Brien Declaration in Support of
Defendants' Motion to Exclude Becker
Fox Declaration in Support of Defendants'
Motion to Exclude Becker
Exhibit H to Defendant's Motion to Exclude
Frieder
1 338
341,420
Plaintiffs Memorandum in Supportof Motionto
Exclude Ugone
425
427-19
425
427-29
429
439
Exhibit 45 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 56 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Defendants' Opposition to Plaintiffs Motion in
Limine 1
445
447
Plaintiffs Opposition to Defendants' Motion in
Limine 3
445
447-3
Exhibit 3 to Plaintiffs Opposition to
Defendants' Motion in Limine 3
445
447-4
Exhibit 4 to Plaintiffs Opposition to
Defendants' Motion in Limine 3
445
447-7
Exhibit 7 to Plaintiffs Opposition to
445
447-8
Exhibit 8 to Plaintiffs Opposition to
445
447-9
Exhibit 9 to Plaintiffs Opposition to
445
447-10
Exhibit 10 to Plaintiffs Opposition to
445
447-11
Exhibit 11 to Plaintiffs Opposition to
449
451
Plaintiffs Opposition to Defendants' Motion in
449
451-2
Exhibit 2 to Plaintiffs Opposition to
453
455
Plaintiffs Opposition to Defendants' Motion in
453
455-2
Exhibit 2 to Plaintiffs Opposition to
457
460
Plaintiffs Opposition to Defendants' Motion to
457
460-1
Defendants' Motion in Limine 3
Defendants' Motion in Limine 3
Defendants' Motion in Limine 3
Defendants' Motion in Limine 3
Defendants' Motion in Limine 3
Limine 4
Defendants' Motion in Limine 4
Limine 5
Defendants' Motion in Limine 5
Exclude Becker
Exhibit 1 to Plaintiffs Opposition to
Defendants' Motion to Exclude Becker
457
460-4
457
460-11
Exhibit 4 to Plaintiffs Opposition to
Defendants' Motion to Exclude Becker
Exhibit 11 to Plaintiffs Opposition to
Defendants' Motion to Exclude Becker
462
464
Plaintiffs Opposition to Defendants' Motion to
Exclude Frieder
462
464-1
Ex. 1 to Plaintiffs Opposition to Defendants'
462
464-5
Ex. 5 to Plaintiffs Opposition to Defendants'
Motion to Exclude Frieder
Motion to Exclude Frieder
|
508
511
508
512-10
517
522-9
Defendants' Opposition to Plaintiffs Motion to
Exclude Ungar
Exhibit 10 to Defendants' Oppositionto
Plaintiffs Motion to Exclude Ungar
Exhibit I to Ghaussy Declaration in Support of
Defendants' Opposition to Plaintiffs Second
Motion for Sanctions
517
522-10
Exhibit J to Ghaussy Declaration in Support of
Defendants' Opposition to Plaintiffs Second
Motion for Sanctions
517
523
517
523-1
Kammerud Declaration in Support of
Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
Exhibit L to Kammerud Declaration in Support
of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
517
523-3
Exhibit N to Kammerud Declaration in Support
of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
524
528-1
Exhibit 34 to Defendants' Reply in Support of
567
568
Plaintiffs Reply in Support of Motion to
Motion for Summary Judgment
Exclude Ugone
4.
The parties have submitted electronic (on a CD-ROM) and hard copies of lesser
redacted materials currently subject to motions to seal, as outlined below. Having reviewed
these materials, the relevant motions to seal are GRANTED as to the lesser redacted materials.
The Court DIRECTS the Clerk and the parties to coordinate the substitution ofthe appropriate
documents.
Docket Number of
Motion to Be Ruled
Docket Number
Upon
Issue
280
278-7, 362
Document Description
of Document at
Exhibit 7 to Plaintiffs Memorandum in Support
of Second motion for Sanctions
289, 368 (Corrected
D.N. 285)
289, 368 (Corrected
D.N. 285)
283-1, 369
289, 368 (Corrected
283-7, 373
Exhibit 1 to Plaintiffs Memorandum in Support
of Third Motion for Sanctions
283-6, 372
Exhibit 6 to Plaintiffs Memorandum in Support
of Third Motion for Sanctions
Exhibit 7 to Plaintiffs Memorandum in Support
D.N. 285)
296
310-10,384
312
315-3,416
of Third Motion for Sanctions
Exhibit J to Defendants' Memorandum in
Support of Motion in Limine 3
Exhibit 3 to Plaintiffs Memorandum in Support
of Motion in Limine 3
316
320, 385
Defendants' Memorandum in Support of Motion
to Exclude Becker
316
323-1,386
Exhibit 1to O'BrienDeclaration in Support of
Defendants' Motion to Exclude Becker
324
328, 375
Defendants' Memorandum in Support of Motion
to Exclude Frieder
324
329-2, 377
331
Exhibit B to Defendants' Memorandum in
Support of Motion to Exclude Frieder
338
334,417
334-1,418
334-2,419
341-1,421
338
341-2,422
425
427
331
331
Plaintiffs Motion in Limine 2
Exhibit 1 to Plaintiffs Motion in Limine 2
Exhibit 2 to Plaintiffs Motion in Limine 2
Exhibit 1 to Plaintiffs Motion to Exclude Ugone
Exhibit 2 to Plaintiffs Motion to Exclude Ugone
Memorandum in Support of Plaintiff s
Opposition to Defendant's Motion for Summary
Judgment
425
427-2
425
427-2
425
427-2
425
427-2
425
427-5
425
427-5
425
427-5
425
427-5
425
427-5
425
427-8
425
427-8
425
427-8
Exhibit 3 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 4 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 5 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 8 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 19 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 11 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 14 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 17 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 18 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 22 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 23 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 24 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
425
427-11
425
427-11
425
427-27
441
443
Exhibit 27 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 29 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Exhibit 54 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment
Plaintiffs Opposition to Defendants' Motion in
Limine 2
441
443-1
Exhibit 1 to Plaintiffs Opposition to
Defendants' Motion in Limine 2
441
443-2
Exhibit 2 to Plaintiffs Opposition to
Defendants' Motion in Limine 2
449
451-1
Exhibit 1 to Plaintiffs Opposition to
Defendants' Motion in Limine 4
457
460-5
Exhibit 5 to Plaintiffs Opposition to
457
460-7
Exhibit 7 to Plaintiffs Opposition to
462
464-2
Exhibit 2 to Plaintiffs Opposition to
465
466
Defendants' Opposition to Plaintiffs Motion to
465
468-4
465
468-5
Exhibit D to Defendants' Oppositionto
Plaintiffs Motion to Exclude Ugone
Exhibit E to Defendants' Opposition to
Plaintiffs Motion to ExcludeUgone
508
512-12
Defendants' Motion to Exclude Becker
Defendants' Motion to Exclude Becker
Defendants' Motion to Exclude Frieder
Exclude Ugone
Exhibit 12 to Declaration of Howard Chen in
Support of Defendants' Opposition to Plaintiffs
Motion to Exclude Ungar
517
522-7
Exhibit G to Ghaussy Declaration in Support of
Defendants' Opposition to Plaintiffs Second
Motion for Sanctions
517
521
Defendants' Opposition to Plaintiffs Third
517
523-2
Exhibit M to Kammerud Declaration in Support
Motion for Sanctions
of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
517
523-4
Exhibit 0 to Kammerud Declaration in Support
of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
517
523-5
517
523-6
ExhibitP to Kammerud Declaration in Support
of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
Exhibit Q to Kammerud Declaration in Support
of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
524
527
561
571-1
Defendants' Reply in Support of Motion for
Summary Judgment
Exhibit I to Defendants' Reply in Support of
Motion to Exclude Frieder
567
569-1
Exhibit 1to Plaintiffs Reply in Support of
Motion to Exclude Ugone
567
569-2
Exhibit 2 to Plaintiffs Reply in Support of
Motion to Exclude Ugone
647
651-2
684
686-1
Exhibit 2 to Plaintiffs Reply in Support of Third
Motion for Sanctions
Exhibit 1 to Plaintiffs Opposition to
Defendants' Motion to Dismiss Claims against
AOL, Gannett, IAC, and Target
684
686-4
Exhibit4 to Plaintiffs Opposition to
Defendants' Motion to Dismiss Claims against
AOL, Gannett, IAC, and Target
The Clerk is DIRECTED to send a copy ofthis Order to counsel and parties ofrecord.
IT IS SO ORDERED.
Norfolk, Virginia
Aprils/ ,2013
Raymond AWackson
United States District Judge
10
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