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

Filing 942

Declaration re 938 Memorandum in Opposition, by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Public Version), # 3 Exhibit 3 (Public Version), # 4 Exhibit 4 (Public Version), # 5 Exhibit 5 (Public Version), # 6 Exhibit 6 (Public Version), # 7 Exhibit 7 (Public Version), # 8 Exhibit 8 (Public Version), # 9 Exhibit 9 (Public Version), # 10 Exhibit 10 (Public Version), # 11 Exhibit 11 (Public Version), # 12 Exhibit 12 (Public Version), # 13 Exhibit 13 (Public Version), # 14 Exhibit 14 (Public Version), # 15 Exhibit 15 (Public Version), # 16 Exhibit 16 (Public Version), # 17 Exhibit 17 (Public Version), # 18 Exhibit 18 (Public Version), # 19 Exhibit 19 (Public Version), # 20 Exhibit 20 (Public Version), # 21 Exhibit 21 (Public Version), # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(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 DEFENDANTS'
OPPOSITION TO PLAINTIFF'S MOTION FOR POST-JUDGMENT ROYALTIES
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 1 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0220751 through G-IPE-0220757.
3.

Attached hereto as Exhibit 2 is a true and correct copy of the document produced

by Lycos, Inc. under Bates range LYCOS 0000103 through LYCOS 0000117.

4.

Attached hereto as Exhibit 3 is a true and correct copy of the document produced

by Lycos, Inc. under Bates range LYCOS 0000028 through LYCOS 0000038.
5.

Attached hereto as Exhibit 4 is a true and correct copy of the document produced

by Lycos, Inc. under Bates ranges LYCOS 0000039 through LYCOS 0000102 and LYCOS
0000026 through LYCOS 0000027.
6.

Attached hereto as Exhibit 5 is a true and correct copy of the document produced

by I/P Engine, Inc. under Bates range IPE 0032797 through IPE 0032817.
7.

Attached hereto as Exhibit 6 is a true and correct copy of the document produced

by Lycos, Inc. under Bates range LYCOS 0000947 through LYCOS 0000954.
8.

Attached hereto as Exhibit 7 is a true and correct copy of the document produced

by Lycos, Inc. under Bates range LYCOS 0000735 through LYCOS 0000740.
9.

Attached hereto as Exhibit 8 is a true and correct copy of the document produced

by Lycos, Inc. under Bates range LYCOS 0000741 through LYCOS 0000745.
10.

Attached hereto as Exhibit 9 is a true and correct copy of the document produced

by I/P Engine, Inc. under Bates range IPE 0022880 through IPE 0022885.
11.

Attached hereto as Exhibit 10 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0220532 through G-IPE-0220546.
12.

Attached hereto as Exhibit 11 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0220814 through G-IPE-0220820.
13.

Attached hereto as Exhibit 12 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0220871 through G-IPE-0220875.
14.

Attached hereto as Exhibit 13 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0888288 through G-IPE-0888295.

15.

Attached hereto as Exhibit 14 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0220832 through G-IPE-0220842.
16.

Attached hereto as Exhibit 15 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0220821 through G-IPE-0220831.
17.

Attached hereto as Exhibit 16 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0888883 through G-IPE-0888896.
18.

Attached hereto as Exhibit 17 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0888296 through G-IPE-0888306.
19.

Attached hereto as Exhibit 18 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0888898 through G-IPE-0888899.
20.

Attached hereto as Exhibit 19 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0888901 through G-IPE-0888902.
21.

Attached hereto as Exhibit 20 is a true and correct copy of the document produced

by Google, Inc. under Bates range G-IPE-0559880 through G-IPE-0559882.
22.

Attached hereto as Exhibit 21 is a true and correct copy of the document produced

by Lycos, Inc. under Bates range LYCOS 0000947 through LYCOS 0000954.
23.

Attached hereto as Exhibit 22 is a true and correct copy of portions of the

September 8, 2012 deposition of Dr. Stephen Becker.
24.

Attached hereto as Exhibit 23 is a true and correct copy of portions of the August

31, 2012 deposition of Mark Blais.
25.

Attached hereto as Exhibit 24 is a true and correct copy of Plaintiff's trial

demonstratives PDX-071, PDX-072, and PDX-076.

26.

Attached hereto as Exhibit 25 is a true and correct copy of the May 3, 2013 Office

Action in Ex Parte Reexamination of U.S. Patent No. 6,314,420.
27.

Attached hereto as Exhibit 26 is a true and correct copy of the March 7, 2013

Decision Granting Ex Parte Reexamination of U.S. Patent No. 6.775,664.
28.

Attached hereto as Exhibit 27 is a true and correct copy of the April 17, 2013

Stipulation between the parties found at D.N. 932.
29.

Attached hereto as Exhibit 28 is a true and correct copy of portions of Google's

2012 Form10-K as filed with the U.S. Securities and Exchange Commission.
30.

Attached hereto as Exhibit 29 is a true and correct copy of an email sent by David

Perlson to Plaintiff's counsel on April 17, 2013.
31.

Attached hereto as Exhibit 30 is a true and correct copy of the May 10, 2013

Office Action in Ex Parte Reexamination of U.S. Patent No. 6.775,664.
I declare under penalty of perjury of the laws of the United States that the foregoing is true and
correct.

Dated: May 13, 2013
Margaret P. Kammerud

DATED: May 13, 2013

/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]
Counsel for Google Inc., Target Corporation, IAC
Search & Media, Inc., and Gannett Co., Inc.
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE

Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL Inc.

CERTIFICATE OF SERVICE
I hereby certify that on May 13, 2013, 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.

/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]

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