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

Filing 971

Memorandum in Support re 970 MOTION to Seal (1) Exhibit 1 To The Declaration Of Keith Ugone, Ph.D., In Support Of Defendants Opposition To Plaintiff I/P Engine, Inc.s Notice Of Calculation Of Supplemental Damages, Prejudgment Interest and Post-Judgment Interest; and (2) Exhibi filed by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (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.
MEMORANDUM IN SUPPORT OF MOTION TO SEAL (1) EXHIBIT 1 TO THE
DECLARATION OF KEITH UGONE, PH.D., IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF I/P ENGINE, INC.’S NOTICE OF CALCULATION OF
SUPPLEMENTAL DAMAGES, PREJUDGMENT INTEREST AND POST-JUDGMENT
INTEREST; AND (2) EXHIBIT B TO THE DECLARATION OF MARGARET P.
KAMMERUD IN SUPPORT THEREOF
In support of their Motion to Seal pursuant to Local Rule 5, and the Protective Order
entered in this matter on January 23, 2012 (Doc. No. 85), Defendants Google Inc., Target
Corporation, IAC Search & Media, Inc., Gannett Co., Inc. and AOL Inc. (collectively
“Defendants”) state the following:
1.

Defendants have moved the court for leave to file under seal (1) Exhibit 1 to the

Declaration of Keith Ugone, Ph.D., in Support of Defendants’ Opposition to Plaintiff I/P Engine,
Inc.’s Notice of Calculation of Supplemental Damages, Prejudgment Interest and Post-Judgment
Interest (“Exhibit 1 to the Ugone Declaration”), and (2) Exhibit B to the Declaration of Margaret
Kammerud in Support of Defendants’ Opposition to Plaintiff I/P Engine, Inc.’s Notice of
Calculation of Supplemental Damages, Prejudgment Interest and Post-Judgment Interest
(“Exhibit B to the Kammerud Declaration”).

2.

Exhibit 1 to the Ugone Declaration, and Exhibit B to the Kammerud Declaration

contain data that is confidential under the Protective Order.
3.

There are three requirements for sealing court filings: (1) public notice with an

opportunity to object; (2) consideration of less drastic alternatives; and (3) a statement of specific
findings in support of a decision to seal and rejecting 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 Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). Defendants
contend that Exhibit 1 to the Ugone Declaration, and Exhibit B to the Kammerud Declaration
contain data that is confidential under the Protective Order. Defendants specifically state as
reasons for sealing the requested pleadings that: Exhibit 1 to the Ugone Declaration, and Exhibit
B to the Kammerud Declaration contain confidential financial information, all of which is not
generally known, has economic value, and the disclosure of which would cause competitive
harm if made widely public.
Defendants have made all reasonable efforts to narrowly limit their redactions in
compliance with the law of this Circuit.
4.

In camera copies of Exhibit 1 to the Ugone Declaration, and Exhibit B to the

Kammerud Declaration have been forwarded to the Court. By filing narrowly redacted public
pleadings, the Defendants have made all reasonable efforts to limit their redactions in
compliance with the law of this Circuit.
5.

By filing narrowly redacted public pleadings, the Defendants have made all

reasonable efforts to limit their redactions in compliance with the law of this Circuit.

6.

For the sake of consistency with practices governing the case as a whole, Exhibit

1 to the Ugone Declaration, and Exhibit B to the Kammerud Declaration should remain sealed
and be treated in accordance with the terms and conditions of the Protective Order.
Accordingly, and in satisfaction of the requirements of Local Rule 5, Defendants
respectfully ask the Court to seal Exhibit 1 to the Ugone Declaration, and Exhibit B to the
Kammerud Declaration.

DATED: August 26, 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]
[e-mail]
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 August 26, 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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