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

Filing 94

NOTICE by Google Inc. re 92 MOTION to Seal Portions of Google's Reply in Support of its Motion to Compel Plaintiff to Provide Conception, Reduction-to-Practice, and Priority Date Information, and Exhibits L, M, N and P to the Declaration of Margaret Kammerud in Support T (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.
NOTICE OF GOOGLE’S MOTION TO SEAL PORTIONS OF GOOGLE’S REPLY IN
SUPPORT OF ITS MOTION TO COMPEL PLAINTIFF TO PROVIDE CONCEPTION,
REDUCTION-TO-PRACTICE, AND PRIORITY DATE INFORMATION, AND
EXHIBITS L, M, N AND P TO THE DECLARATION OF MARGARET KAMMERUD
IN SUPPORT THEREOF

PLEASE TAKE NOTICE THAT Google Inc. (“Google”), by counsel, pursuant to Rule 5
of the Local Rules of Practice for the United States District Court for the Eastern District of
Virginia, has moved the Court for leave to file under seal portions of Google’s Reply in Support
of its Motion to Compel Plaintiff to Provide Conception, Reduction-to-Practice, and Priority
Date Information for the Patents-in-Suit (“Portions of Google’s Reply”) and Exhibits L, M, N
and P to the Declaration of Margaret Kammerud in Support of Google’s Reply in Support of its
Motion to compel Plaintiff to Provide Conception, Reduction-to-Practice, and Priority Date
Information for the Patents-in-Suit (“Certain Exhibits to Kammerud Declaration”). Grounds and
authorities for this Motion are set forth in Google’s Memorandum in Support of Motion to Seal.
Portions of Google’s Reply and Certain Exhibits to Kammerud Declaration contain confidential
information and, under the Protective Order (Dkt. No. 85), should be filed under seal.

Before this Court may seal Court documents, it must: (1) provide public notice with an
opportunity to object; (2) consider less drastic alternatives; and (3) state specific findings in
support of a decision to seal and reject alternatives to sealing. See, e.g., Flexible Benefits
Council v. Feldman, No. 1:08-CV-371, 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov. 13, 2008)
(citing Ashcroft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)).
In compliance with Local Rule 5 of the Rules of this Court and Ashcroft, the Court posts
the following notice to the public: “This serves as public notice that Google has moved to file
under seal Portions of Google’s Reply and Certain Exhibits to Kammerud Declaration.
Objections to this Motion should be filed in the Civil Section of the Clerk’s Office. The Notice
will be posted for a minimum of forty-eight (48) hours.”

DATED: March 5, 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.

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CERTIFICATE OF SERVICE
I hereby certify that on March 5, 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]
11581941_1.DOC

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