Mirror Worlds, LLC v. Apple, Inc.

Filing 195

***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** MOTION to Expedite Briefing Schedule And Expedited Consideration of Mirror Worlds LLCs Motion to Preclude Apples Amended Invalidity Contentions And to Strike Portions of The Expert Report of Steven K. Feiner, Ph.D. Regarding Invalidity by Mirror Worlds, LLC. (Attachments: # 1 Text of Proposed Order Order Granting Mirror Worlds LLCs Motion For An Expedited Briefing Schedule And Expedited Consideration of Mirror Worlds LLCs Motion to Preclude Apples Amended Invalidity Contentions And to Strike Portions of The Expert Report of Steven K. Feiner, Ph.D. Regarding Invalidity)(Solo, Alexander) Modified on 6/2/2010 (mjc, ).

Mirror Worlds, LLC v. Apple, Inc. Doc. 195 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC Plaintiff, v. APPLE INC. Defendant. APPLE INC. Counterclaim Plaintiff v. MIRROR WORLDS, LLC, MIRROR WORLDS TECHNOLOGIES, INC., Counterclaim Defendants. JURY TRIAL DEMANDED Civil Action No. 6:08-CV-88 LED MOTION FOR AN EXPEDITED BRIEFING SCHEDULE AND EXPEDITED CONSIDERATION OF MIRROR WORLDS LLC'S MOTION TO PRECLUDE APPLE'S AMENDED INVALIDITY CONTENTIONS AND TO STRIKE PORTIONS OF THE EXPERT REPORT OF STEVEN K. FEINER, PH.D. REGARDING INVALIDITY Plaintiff Mirror Worlds, LLC seeks an expedited briefing schedule with respect to its Motion to Preclude Apple's Amended Invalidity Contentions and to Strike Portions of the Expert Report of Steven K. Feiner, Ph.D. Regarding Invalidity (the "Motion to Strike"). Mirror Worlds requests that the opposition to its motion be due on June 2, 2010. Mirror Worlds believes expedited briefing is needed due to the impending June 4th due date for rebuttal expert reports; otherwise, as set forth in its Motion to Strike, Mirror Worlds will be forced to undertake the unduly burdensome and prejudicial effort of addressing Apple's new arguments and 160 new NY 72792629 Dockets.Justia.com prior art references. The June 2, 2010 deadline is appropriate because Mirror Worlds LLC's motion is a re-filing of a motion that was originally served on Apple just after midnight on May 29th. Mirror Worlds LLC also requests that the Court consider the motion on an expedited basis because Apple has requested burdensome additional third party discovery that relates to matters that Mirror Worlds LLC seeks to strike. Dated: June 1, 2010 Respectfully submitted, By: /s/ Alexander Solo Otis Carroll, Lead Counsel (Texas States Bar No. 03895700) Deborah Race (Texas State Bar No. 16448700) IRELAND CARROLL & KELLEY, P.C. 6101 S. Broadway, Suite 500 Tyler, Texas 75703 Tel: (903) 561-1600 Fax: (903) 581-1071 Email: Fedserv@icklaw.com Joseph Diamante (Pro Hac Vice) Kenneth L. Stein (Pro Hac Vice) Ian G. DiBernardo (Pro Hac Vice) Alexander Solo (Pro Hac Vice) STROOCK & STROOCK & LAVAN LLP 180 Maiden Lane New York, N.Y. 10038 Tel: (212) 806-5400 Fax: (212) 806-6006 Email: kstein@stroock.com ATTORNEYS FOR MIRROR WORLDS, LLC 2 NY 72792629 CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document this 1st day of June, 2010, via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Alexander Solo 3 NY 72792629