Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 104

MOTION for Hearing Motion to Preclude Claims Based on Non-CSS Technologies or Alternatively, to Continue the Preliminary Injunction Hearing, and for the Appointment of a Discovery Referee filed by Realnetworks Home Entertainment, Inc.(a Delaware corporation). Motion Hearing set for 3/9/2009 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Proposed Order Granting RealNetworks' Motion to Preclude Claims Based on Non-CSS Technologies or Alternatively, to Continue the Preliminary Injunction Hearing and for the Appointment of a Discovery Referee)(Berta, Michael) (Filed on 1/26/2009)

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JAMES A. DiBOISE, State Bar No. 83296 Email: [e-mail] LEO CUNNINGHAM, State Bar No. 121605 Email: [e-mail] COLLEEN BAL, State Bar No. 167637 Email: [e-mail] MICHAEL A. BERTA, State Bar No. 194650 Email: [e-mail] TRACY TOSH LANE, State Bar No. 184666 Email: [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation One Market Street Spear Tower, Suite 3300 San Francisco, CA 94105 Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, DISNEY ENTERPRISES, INC., a Delaware corporation; PARAMOUNT PICTURES CORP., a Delaware corporation; SONY PICTURES ENTER., INC., a Delaware corporation; TWENTIETH CENTURY FOX FILM CORP., a Delaware corporation; NBC UNIVERSAL, INC., a Delaware corporation; WARNER BROS. ENTER. INC., a Delaware corporation; and VIACOM, Inc., a Delaware Corporation, Defendants. Case Nos. C08 04548 MHP; C08 04719 MHP [PROPOSED] ORDER GRANTING REALNETWORKS' MOTION TO PRECLUDE CLAIMS BASED ON NONCSS TECHNOLOGIES OR ALTERNATIVELY, TO CONTINUE THE PRELIMINARY INJUNCTION HEARING, AND FOR THE APPOINTMENT OF A DISCOVERY REFEREE Before: Hon. Marilyn Hall Patel Dept: Courtroom 15 Date: March 9, 2009 Time: 2:00 p.m.

AND RELATED CASES

[PROPOSED] ORDER GRANTING MOTION TO PRECLUDE OR CONTINUE CASE NOS.: C08 04548 MHP; C08 04719 MHP .

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After full consideration, IT IS HEREBY ORDERED that the Motion to Preclude Claims Based on Non-CSS Technologies or, Alternatively, to Continue the Preliminary Injunction Hearing, and for the Appointment of a Discovery Referee, filed on January 26, 2009, is GRANTED. IT IS ORDERED that no claim at the preliminary injunction hearing may be based on any non-CSS technology.

IN THE ALTERNATIVE: IT IS ORDERED that the preliminary injunction hearing is now scheduled to commence on April 14, 2009 at 2:00 o'clock p.m. in Courtroom 15, and that the pre-hearing schedule is as follows: ACTION Production of all additional documents requested by Real on January 5, 2009 Identify additional witnesses to testify (live or by declaration) at hearing Depositions of fact witnesses Exchange expert reports Expert depositions Opening briefs Responsive briefs Exchange names of trial witnesses and depo designations Exchange counter designations; exchange demonstratives Hearing DATE Feb. 2, 2009 Feb. 9, 2009 Completed by February 18, 2009 Feb. 20 and Feb 27 (rebuttal), 2009 (5 pm) March 2 ­ March 10 , 2009 March 17, 2009 (5 pm) March 31, 2009 (5 pm) April 1, 2009 April 8, 2009 Begins April 14, 2009

IT IS FURTHER ORDERED that pursuant to Rule 16 of the Federal Rules of Civil Procedure _______________________ is appointed as a discovery referee. The parties in this action shall bring any and all discovery disputes which they cannot resolve before __________________________ for resolution.

[PROPOSED] ORDER GRANTING MOTION TO PRECLUDE OR CONTINUE CASE NOS.: C08 04548 MHP; C08 04719 MHP .

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It is so ORDERED.

The Honorable Marilyn H. Patel United States District Court Submitted by: WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: _/s/________________ Michael A. Berta [e-mail] Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC.

[PROPOSED] ORDER GRANTING MOTION TO PRECLUDE OR CONTINUE CASE NOS.: C08 04548 MHP; C08 04719 MHP .