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withdrawn: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withdrawn motions.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
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