Mirror Worlds, LLC v. Apple, Inc.
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 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)
Mirror Worlds, LLC v. Apple, Inc.
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
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: email@example.com ATTORNEYS FOR MIRROR WORLDS, LLC
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
CERTIFICATE OF CONFERENCE The undersigned counsel hereby certifies that Mirror World LLC's counsel has in good faith conferred Apple's counsel in an effort to resolve the dispute without court action. Counsel of record for Mirror Worlds (Ian G. DiBernardo and Alexander Solo) conducted a telephonic meet and confer with Apple's counsel of record (Allan Soobert) on May 28, 2010 which ended in an impasse. /s/ Alexander Solo