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Doc. 897 posted on the freeforum.

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VRINGO PROVIDES UPDATE ON UK LITIGATION "Thomson Reuters ONE" - 12/22/2014 9:33:29 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 12/19/2014 5:30:05 PM
VRINGO PROVIDES UPDATE "Thomson Reuters ONE" - 12/19/2014 9:15:30 AM
VRINGO ANNOUNCES LEADERSHIP TRANSITION "Thomson Reuters ONE" - 12/19/2014 8:30:29 AM
VRINGO STATEMENT ON FORTHCOMING PATENT INFRINGEMENT TRIAL AGAINST ZTE IN MALAYSIA "Thomson Reuters ONE" - 12/17/2014 11:05:38 AM
VRINGO WILL SEEK SUPREME COURT REVIEW OF FEDERAL CIRCUIT'S REVERSAL OF JUDGMENT AGAINST GOOGLE "Thomson Reuters ONE" - 12/15/2014 12:27:47 PM
Quarterly Report (10-q) "Edgar (US Regulatory)" - 11/4/2014 4:15:38 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 10/3/2014 8:00:36 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 9/12/2014 8:30:11 AM
Amended Statement of Ownership (sc 13g/a) "Edgar (US Regulatory)" - 9/8/2014 3:54:46 PM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 8/18/2014 12:40:49 PM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 8/18/2014 12:37:20 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 8/15/2014 5:00:06 PM
Quarterly Report (10-q) "Edgar (US Regulatory)" - 8/6/2014 4:10:45 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 8/6/2014 4:05:37 PM
VRINGO ANNOUNCES 2014 SECOND QUARTER RESULTS AND PROVIDES UPDATE ON GLOBAL ENFORCEMENT AND LICENSING ACTIVITIES IN QUARTERLY ... "Thomson Reuters ONE" - 8/6/2014 4:05:22 PM
VRINGO ANNOUNCES THAT THE USPTO AGAIN CONFIRMS VALIDITY OF THE '420 PATENT ASSERTED IN LITIGATION WITH GOOGLE "Thomson Reuters ONE" - 7/2/2014 11:18:58 AM
VRINGO FILES LAWSUIT AGAINST ZTE IN MALAYSIA "Thomson Reuters ONE" - 6/30/2014 9:00:45 AM
VRINGO FILES LAWSUIT AGAINST ZTE IN ROMANIA "Thomson Reuters ONE" - 6/26/2014 9:00:34 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 6/20/2014 8:30:52 AM
VRINGO INVESTORS EXERCISE WARRANTS, COMPANY RECEIVES $10 MILLION IN CASH "Thomson Reuters ONE" - 6/20/2014 8:30:28 AM
BRAZILIAN COURT UPHOLDS INJUNCTION AGAINST ZTE FOR INFRINGEMENT OF VRINGO PATENT "Thomson Reuters ONE" - 6/18/2014 8:45:44 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 6/11/2014 3:30:34 PM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 5/16/2014 12:55:08 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 5/8/2014 4:09:51 PM
chestnut42   Sunday, 02/17/13 11:57:51 AM
Re: None
Post # of 56645 
Doc. 897 posted on the freeforum.
Goog using dirty tricks won't be to good for them.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
I/P ENGINE, INC., )
)
Plaintiff, )
v. ) Civ. Action No. 2:11-cv-512
)
AOL, INC. et al., )
)
Defendants. )
__________________________________________)
DECLARATION OF KENNETH W. BROTHERS IN SUPPORT OF I/P ENGINE INC.’S
REPLY REGARDING ITS MOTION FOR A NEW TRIAL ON THE DOLLAR
AMOUNT OF PAST DAMAGES
I, Kenneth W. Brothers, declare as follows:
1. I am a partner with the law firm of Dickstein Shapiro LLP, 1825 Eye Street N.W.,
Washington, DC 20006 and am counsel for Plaintiff I/P Engine, Inc. (“I/P Engine”) in the abovecaptioned
litigation. I have personal knowledge of the facts stated herein.
2. Attached hereto as Exhibit A is a true and correct copy of PDX-083, which was
shown at trial.
3. Counsel for both I/P Engine and the Defendants exchanged demonstrative
exhibits prior to closing arguments. Exhibit B, attached hereto, is a true and correct copy of one
of the demonstratives provided by Defendants’ counsel. Defendants counsel indicated his intent
to use Exhibit B at closing during the un-transcribed instruction conference.
4. Attached hereto as Exhibit C is a true and correct copy of PDX-077, which was
shown at trial.
Case 2:11-cv-00512-RAJ-TEM Document 897 Filed 02/15/13 Page 1 of 3 PageID# 22630
2
5. Defendants submitted a declaration from Mr. Nelson, which they rely on in their
opposition brief, in which Mr. Nelson states, “As soon as Defendants’ counsel located [Odetics],
we immediately presented it (by hand) to both the Court and Plaintiff’s counsel.” (D.I. 865, ¶ 4.)
This statement is false. I am now aware that, during the recess following I/P Engine’s initial
closing statement, Defendants’ counsel (Mr. Noona and Mr. Bilsker) provided a copy of the
Odetics case to the Court. Neither Mr. Noona, Mr Bilsker, nor any other counsel for Defendants,
disclosed that fact to me or any other attorney for I/P Engine. During that recess, the Court
considered the case, and decided to change its laches ruling. After the Court announced its
decision, I noted that I had not received a copy of the case (Trial Tr. at 2018:3-6) nor was I aware
that Defendants had provided it to the Court. The Court inquired about why I was not provided a
copy, and Mr. Nelson responded, “I didn’t have a copy of the case. I had a citation.” (Trial Tr.
at 2018:7-10.) At that point Mr. Nelson’s co-counsel, Mr. Bilsker, stood up and handed me a
copy of the Odetics case.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: February 15, 2013 By: ___/s/ Kenneth W. Brothers______
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
Counsel for Plaintiff I/P Engine, Inc.
Case 2:11-cv-00512-RAJ-TEM Document 897 Filed 02/15/13 Page 2 of 3 PageID# 22631
3
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of February, 2013, the foregoing
DECLARATION OF KENNETH W. BROTHERS IN SUPPORT OF I/P ENGINE INC.’S
REPLY REGARDING ITS MOTION FOR A NEW TRIAL ON THE DOLLAR
AMOUNT OF PAST DAMAGES, was served via the Court’s CM/ECF system, on the
following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
senoona@kaufcan.com
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
robert.burns@finnegan.com
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
cortney.alexander@finnegan.com
/s/ Jeffrey K. Sherwood
Case 2:11-cv-00512-RAJ-TEM Document 897 Filed 02/15/13 Page 3 of 3 PageID# 22632

Read more: http://vringo.freeforums.net/index.cgi?board=general&action=display&thread=1319#ixzz2LAzoD7Rh

Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence. -G. Washington

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