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Doc. 897 posted on the freeforum.

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chestnut42 Member Profile
 
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FORM Holdings Announces Preliminary Financial Results for the Second Quarter of 2017 "GlobeNewswire Inc." - 7/25/2017 9:05:30 PM
FORM Holdings Announces Proposed Public Offering of Common Stock "GlobeNewswire Inc." - 7/25/2017 7:08:07 PM
FORM Holdings Corp Added to the Russell Microcap Index "GlobeNewswire Inc." - 6/26/2017 8:30:00 AM
FORM Holdings Corp to Present at the Jefferies 2017 Global Consumer Conference in Nantucket "GlobeNewswire Inc." - 6/12/2017 8:30:00 AM
XPRESSPA ANNOUNCES THE OPENING OF ITS SECOND SPA LOCATION AT PHOENIX SKY HARBOR INTERNATIONAL AIRPORT "GlobeNewswire" - 5/30/2017 8:31:31 AM
FORM HOLDINGS CORP TO PRESENT AT THE 7TH ANNUAL LD MICRO INVITATIONAL IN CALIFORNIA "GlobeNewswire" - 5/25/2017 8:31:07 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 5/24/2017 9:31:55 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 5/23/2017 9:41:12 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 5/22/2017 9:58:00 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 5/19/2017 10:09:18 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 5/19/2017 10:06:06 AM
Statement of Changes in Beneficial Ownership (4) "Edgar (US Regulatory)" - 5/19/2017 10:03:07 AM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 5/15/2017 5:03:05 PM
Current Report Filing (8-k) "Edgar (US Regulatory)" - 5/15/2017 5:02:44 PM
FORM HOLDINGS REPORTS FIRST QUARTER 2017 RESULTS "GlobeNewswire" - 5/15/2017 4:02:51 PM
XPRESSPA ANNOUNCES THE OPENING OF ITS FIRST SPA LOCATION AT PHOENIX SKY HARBOR INTERNATIONAL AIRPORT "GlobeNewswire" - 5/11/2017 8:31:36 AM
FORM HOLDINGS CORP TO PARTICIPATE IN THE OPPENHEIMER EMERGING GROWTH CONFERENCE IN NEW YORK "GlobeNewswire" - 5/8/2017 8:31:47 AM
Amended Annual Report (10-k/a) "Edgar (US Regulatory)" - 5/1/2017 4:46:41 PM
XpresSpa Announces Partnership With Capelli New York to Design, Produce and Sell XpresSpa Travel and Spa Accessories "GlobeNewswire Inc." - 5/1/2017 10:11:56 AM
FORM HOLDINGS TO ANNOUNCE FIRST QUARTER FINANCIAL RESULTS ON MAY 15, 2017 "GlobeNewswire" - 4/24/2017 8:30:25 AM
Confidential Treatment Order (ct Order) "Edgar (US Regulatory)" - 4/18/2017 5:18:16 PM
FORM HOLDINGS CEO ANDREW PERLMAN INTERVIEWED ON BLOOMBERG RADIO "GlobeNewswire" - 4/18/2017 8:30:58 AM
FORM HOLDINGS REPORTS FULL YEAR 2016 RESULTS AND UPDATE ON FIRST QUARTER 2017 "GlobeNewswire" - 3/30/2017 4:01:00 PM
FORM HOLDINGS CORP TO PRESENT AT THE MICROCAP CONFERENCE IN NEW YORK "GlobeNewswire" - 3/27/2017 8:23:30 AM
FORM HOLDINGS TO ANNOUNCE FULL-YEAR 2016 FINANCIAL RESULTS ON MARCH 30, 2017 "GlobeNewswire" - 3/20/2017 8:48:53 AM
chestnut42   Sunday, 02/17/13 11:57:51 AM
Re: None
Post # of 66403 
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

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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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