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

Filing 920

AMENDED ORDER Regarding Parties' Joint Response to the Court's Order Regarding Outstanding Motions to Seal Case Documents, amending 911 Order as outlined. (See Order for specifics.) Signed by District Judge Raymond A. Jackson on 4/4/13; filed 4/5/13. (mwin, )

FILED,
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

APR -5 2013

NORFOLK DIVISION

CLERK, US DISTRICT UUURT
NOPFOLK.VA

I/P ENGINE, INC.
Plaintiff,

Civil Action No. 2:1 l-cv-512

v.

AOUTNC.,etaL,
Defendants.

AMENDED ORDER REGARDING PARTIES' JOINT RESPONSE TO THE COURT'S
ORDERREGARDING 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 Target Corporation (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 Response to the Court's Order Regarding Outstanding Motions to Seal (the

"Response"), and after consideration ofthat Response and arguments in support ofthat
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withdrawn: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 PlaintiffI/P

Engines Daubert Motion, and Fourth Motion inLimine, to Exclude Lyle
Ungar's New Theory ofInvalidity and Opinions Regarding Claim
Construction

346,412

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 ofConfidential Material atTrial
Joint Motionand Memorandum in Supportof Joint MotionTo

Amend/Modify Scheduling Order to Provide Briefing Schedule for Motion
to Seal and Close Courtroom

MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to Defendants'

436

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

514

Confidential Materials at Trial

MOTION to SealPortions of the Orderon 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withdrawn motions.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

MOTION to SealPlaintiffI/P Engine, Inc.'s SecondMotion for

Discovery Sanctions Regarding Untimely Discovery Responses
along with Exhibits 2,4, 5, 7, 8, 9,13, and 14 in support

289,368

(Corrected D.N. 285)

MOTION to Seal [CORRECTED MOTION] Memorandum in

Support ofPlaintiff I/P Engine, Inc.'s Third Motion for Discovery
Sanctions Regarding Untimely Discovery Responses along with
Exhibits 1,4, 5, 6, 7, in support

Sealed Memorandum in Support of THIRD 285 MOTION to Seal
Memorandum in Support of PlaintiffI/P Engine, Inc.'s Third
Motion for Discovery Sanctions Regarding Untimely Discovery
Responses along with Exhibits 1,4, 5, 6, 7, in support
296

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. Sohnin
Support of the Defendants' Various Motions in Limine
312

MOTION to Seal Exhibit 3 to the Memorandum in Support of

Plaintiff I/P Engine's FirstMotion 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

and Certain Materials Filed in Support Thereof
324

MOTION to Seal Portions of Memorandum in Support of
Defendants' Motionto Preclude Dr. Ophir Frieder from Testifying

Regarding Untimely Opinions that were Not Disclosed inhis
Original Expert Report and Opinions that heNow Concedes are
Incorrect, and Certain Materials Filed in Support Thereof
331

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

338

MOTION to Seal the Memorandum in Support of PlaintiffI/P

343

R. Ugone along with Exhibits 1 and 2
MOTION to Seal Portions of the Declaration of Michael Hochberg

425

in Support of Plaintiffs and Defendants' Motions to Seal
MOTION to Seal its Opposition to Defendants Motion for

Engine, Inc.'s Motion to Exclude Opinions and Testimony of Keith

Summary Judgment along with Exhibits 8,11-19,22-24,27-32, 3439,45, 53-54, 56

429

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

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

449
453
457

462

MOTION to Seal PlaintiffI/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
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

MOTION to Seal Defendants' Memorandum in Support ofTheir

Opposition to Plaintiff I/P Engine, Inc.'s Motion to Exclude
Opinions and Testimony of Keith R. Ugone

508

MOTION to Seal (1) Portions of Defendants' Opposition to
Plaintiffs Daubert Motion, and Fourth Motion in Limine, to

Exclude Lyle Ungar's NewTheory of Invalidity and Opinions
Regarding Claim Construction and (2) Exhibits 10 and 12 tothe
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

561

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 ofthe Reply in Support of Defendants'
Motion for Summary Judgment, and Exhibits 34 and 36to the
Declaration of Joshua L. Sohn in Support of Defendants' Reply in
Support of Defendants' Motion for Summary Judgment
MOTION to Seal (1) Portions of Defendants' Reply Briefin

Support of Their Motion to Preclude Dr. Ophir Frieder from
Testifying Regarding Untimely Opinions that were not Disclosed in
hisOriginal Expert Report and Opinions that heNow Concedes are
Incorrect; (2) Portions of Defendants' Reply Briefin 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 PlaintiffI/P Engine, Inc.'s Reply in Further

647

R. Ugone along with Exhibits 1-3
MOTION to Seal Plaintiff I/P Engine, Inc.'s Reply in Further

Support of its Motion to Exclude Opinions and Testimony of Keith
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., GannettCo.,

Inc., IAC Search & Media, Inc., andTarget Corporation
706

MOTION to Seal Portions Of Exhibit 1 To The O'Brien

Declaration In Support Of Defendants Motion For Sanctions And
802

To Strike Portions Of Dr. Frieder's Second Updated Expert Report
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
OnNon-Infringement Or New Trial; (2) Portions Of Defendants'
Memorandum In Support Of Renewed Motion For Judgment As A
Matter Of Law On Damages OrNew Trial; And (3) Certain Exhibit
To The Declaration Of Joshua L. Sohn In Support Of Defendants

RenewedMotionsFor JudgmentAs A Matter Of Law On
Damages, Invalidity AndNon-Infringement Or NewTrial
866

MOTION to Seal Portions of Defendants' Memorandum in

Opposition to Plaintiffs Rule 59 Motion for a New Trial onthe
DollarAmount of Damages and Exhibit 2 to the Declaration of
Margaret P. Kammerud Filed in Support Thereof
873

3.

MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to
Defendants Renewed Motion for Judgment as a Matter of Law on
Non-Infringementor New Trial

Based upon the parties' joint representations, the following individual materials

subject to the motions toseal can be filed publicly and thus the motions are DENIED:
Docket Number of
Motion to Be Ruled

Docket Number

Document Description

of Document at

Upon

Issue

280

278, 342

Plaintiffs Memorandum in Support of Second
motion for Sanctions

280

289, 368 (Corrected

278-14, 366

Exhibit 14 to Plaintiffs Memorandum in

283

Support of Second motion for Sanctions
Plaintiffs Memorandum in Support of Third
Motion for Sanctions

D.N. 285)

289,368 (Corrected

283-4, 370

of Third Motion for Sanctions

D.N. 285)

289, 368 (Corrected

283-5, 371

Exhibit 5 to Plaintiffs Memorandum in Support
of Third Motion for Sanctions

D.N. 285)
296

Exhibit 4 to Plaintiffs Memorandum in Support

304, 380

Defendants' Memorandum in Support of Motion
in Limine 3

296

310-6,381

Exhibit F to Defendants' Memorandum in

310-8,382

Exhibit H to Defendants' Memorandum in

310-9,383

Exhibit I to Defendants' Memorandum in

323-2, 387

Exhibit I to Support of Motion in Limine 3
Exhibit 2 to O'Brien Declaration in Support of

Support of Motion in Limine 3
296

Support of Motion in Limine 3
296
316

Defendants' Motion to Exclude Becker

323-13, 398

Exhibit 13 to O'Brien Declaration in Support of

316

321,402

Fox Declaration in Support of Defendants'

324

329-8, 379

316

Defendants' Motion to Exclude Becker
Motion to Exclude Becker

Exhibit H to Defendant's Motion to Exclude
Frieder

338

341,420

Plaintiffs Memorandum in Support of Motion to
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
Defendants' Motion in Limine 3

445

447-8

Exhibit 8 to Plaintiffs Opposition to
Defendants' Motion in Limine 3

445

447-9

Exhibit 9 to Plaintiffs Opposition to
Defendants' Motion in Limine 3

445
445

447-10

Exhibit 10 to Plaintiffs Opposition to

447-11

Defendants' Motion in Limine 3
Exhibit 11 to Plaintiffs Opposition to
Defendants' Motion in Limine 3

449

451

Plaintiffs Opposition to Defendants' Motion in

449

451-2

Limine 4
Exhibit 2 to Plaintiffs Opposition to
Defendants' Motion in Limine 4

453

455

453

455-2

Plaintiffs Opposition to Defendants' Motion in
Limine 5

Exhibit 2 to Plaintiffs Opposition to
Defendants' Motion in Limine 5

457

460

Plaintiffs Opposition to Defendants' Motionto
Exclude Becker

457

460-1

Exhibit 1 to Plaintiffs Opposition to
Defendants' Motion to Exclude Becker

457

460-4

Exhibit 4 to Plaintiffs Opposition to
Defendants' Motion to Exclude Becker

457

460-11

Exhibit 11 to Plaintiffs Opposition to

464

Plaintiffs Opposition to Defendants' Motion to

Defendants' Motion to Exclude Becker
462

Exclude Frieder
462

464-1

462

464-5

Ex. 1 to Plaintiffs Opposition to Defendants'
Motion to Exclude Frieder

Ex. 5 to Plaintiffs Opposition to Defendants'
Motion to Exclude Frieder

511

508

Defendants' Opposition to Plaintiffs Motionto
Exclude Ungar

512-10

Exhibit 10 to Defendants' Opposition to

522-9

508

Exhibit I to Ghaussy Declaration in Support of
Defendants' Opposition to Plaintiffs Second

Plaintiffs Motion to Exclude Ungar
517

Motion for Sanctions
522-10

517

Exhibit J to Ghaussy Declaration in Support of
Defendants' Opposition to Plaintiffs Second
Motion for Sanctions

523

517

Kammerud Declaration in Support of

Defendants' Opposition to Plaintiffs Third
523-1

517

Motion for Sanctions
Exhibit L to Kammerud Declaration in Support

of Defendants' Opposition to Plaintiffs Third
523-3

517

Motion for Sanctions
Exhibit N to Kammerud Declaration in Support

of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions
528-1

524

Exhibit 34 to Defendants' Reply in Support of
Motion for Summary Judgment

568

567

Plaintiffs Reply in Supportof Motion to
Exclude Ugone

4.

Based upon the parties' joint representations that there are no objections, the

following motions to sealare GRANTED:

Docket Number of
Motion to Be Ruled

Docket Number

Upon

Issue

280

278-7, 362

289, 368 (Corrected

283-1,369

D.N. 285)
289, 368 (Corrected

283-6, 372

Document Description

of Document at

D.N. 285)
289, 368 (Corrected
D.N. 285)

283-7, 373

296

310-10,384

312

315-3,416

Exhibit 7 to Plaintiffs Memorandum in Support
of Second motion for Sanctions
Exhibit 1 to Plaintiffs Memorandum in Support
of Third Motion for Sanctions
Exhibit 6 to Plaintiffs Memorandum in Support
of Third Motion for Sanctions
Exhibit 7 to Plaintiffs Memorandum in Support
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

324

328, 375

324

329-2, 377

331

334,417

331

334-1,418

331

334-2,419

338

341-1,421

338

341-2,422

425

427

425

Exhibit 1 to O'Brien Declaration in Support of
Defendants' Motion to Exclude Becker
Defendants' Memorandum in Support of Motion
to Exclude Frieder
Exhibit B to Defendants' Memorandum in

Support of Motion to Exclude Frieder
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
427-2

Judgment
Exhibit 3 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment

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

425

427-11

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
Exhibit 27 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment

425

427-11

Exhibit 29 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment

425

427-27

Exhibit 54 to Plaintiffs Opposition to
Defendant's Motion for Summary Judgment

441

443

Plaintiffs Opposition to Defendants' Motionin
Limine 2

441

443-1

Exhibit 1 to Plaintiffs Opposition to

443-2

Exhibit 2 to Plaintiffs Opposition to

451-1

Exhibit 1 to Plaintiffs Opposition to

Defendants' Motion in Limine 2
441

Defendants' Motion in Limine 2
449

Defendants' Motion in Limine 4
457

460-5

Exhibit 5 to Plaintiffs Opposition to
Defendants' Motion to Exclude Becker

457

460-7

Exhibit 7 to Plaintiffs Opposition to
Defendants' Motion to Exclude Becker

462

464-2

Exhibit 2 to Plaintiffs Opposition to
Defendants' Motion to Exclude Frieder

465

466

Defendants' Opposition to Plaintiffs Motionto
Exclude Ugone

465

468-4

Exhibit D to Defendants' Opposition to
Plaintiff's Motion to Exclude Ugone

465

468-5

Exhibit E to Defendants' Opposition to
Plaintiffs Motion to Exclude Ugone

508

512-12

Exhibit 12 to Declaration of Howard Chen in

Support of Defendants' Opposition to Plaintiffs
Motion to Exclude Ungar

517

522-7

ExhibitG to Ghaussy Declaration in Support of
Defendants' Opposition to Plaintiffs Second
Motion for Sanctions

517

521

Defendants' Opposition to Plaintiffs Third
Motion for Sanctions

517

523-2

Exhibit M to Kammerud Declaration in Support

of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions

517

523-4

Exhibit O to Kammerud Declaration in Support

of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions

517

523-5

Exhibit P to Kammerud Declaration in Support

of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions

517

523-6

Exhibit Q to Kammerud Declaration in Support
of Defendants' Opposition to Plaintiffs Third
Motion for Sanctions

524

527

Defendants' Reply in Support of Motion for

571-1

Exhibit I to Defendants' Reply in Support of

Summary Judgment
561

Motion to Exclude Frieder
567

569-1

Exhibit 1 to Plaintiffs Reply in Support of
Motion to Exclude Ugone

569-2

567

Exhibit 2 to Plaintiffs Reply in Support of
Motion to Exclude Ugone

651-2

647

Exhibit 2 to Plaintiffs Reply in Support of Third
Motion for Sanctions

684

686-1

684

686-4

Exhibit 1 to Plaintiffs Opposition to
Defendants' Motion to Dismiss Claims against
AOL, Gannett, IAC, and Target
Exhibit 4 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

April V ,2013

/

Raymond A.JJackson
United States District Judge

10