Fujifilm Corporation v. Motorola Mobility Holdings, Inc. et al

Filing 131

ORDER granting 130 STIPULATION WITH PROPOSED ORDER Regarding Ongoing Review of Source Code And Extending Deadline For The Parties to Complete Limited Fact Discovery>. Discovery cutoff extended to 8/8/2014. Signed by Judge William H. Orrick on 07/15/2014. (jmdS, COURT STAFF) (Filed on 7/15/2014)

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James Isbester (CA SBN 129820)
Benjamin Kleinman-Green (CA SBN 261846)
Sara B. Giardina (CA SBN 278954)
KILPATRICK TOWNSEND & STOCKTON LLP
Two Embarcadero Center, Eighth Floor
San Francisco, CA 94111
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Jordan Trent Jones (CA SBN 166600)
KILPATRICK TOWNSEND & STOCKTON LLP
1080 Marsh Road
Menlo Park, CA 94025
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Taylor Higgins Ludlam (Pro Hac Vice)
KILPATRICK TOWNSEND & STOCKTON LLP
4208 Six Forks Road, Suite 1400
Raleigh, North Carolina 27609
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant
MOTOROLA MOBILITY LLC

Daniel Johnson, Jr. (SBN 57409)
Rita E. Tautkus (SBN 162090)
Ahren C. Hsu-Hoffman (SBN 250469)
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306-2122
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
Nathan W. McCutcheon (pro hac vice)
Mark W. Taylor (pro hac vice)
Bradford A. Cangro (pro hac vice)
Jacob A. Snodgrass (pro hac vice)
Dae Gunn Jei (pro hac vice)
MORGAN, LEWIS & BOCKIUS LLP
1111 Pennsylvania Avenue NW
Washington, DC 20004
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
FUJIFILM CORPORATION

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FUJIFILM CORPORATION, A JAPANESE
CORPORATION,

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Plaintiff,
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v.
MOTOROLA MOBILITY LLC, a
Delaware Limited Liability Company,

Civil Action No. C 12-03587 WHO
STIPULATION AND ORDER
REGARDING ONGOING REVIEW OF
SOURCE CODE AND EXTENDING
DEADLINE FOR THE PARTIES TO
COMPLETE LIMITED FACT
DISCOVERY

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Defendant.
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STIPULATION AND ORDER REGARDING SOURCE CODE AND THIRD-PARTY
DISCOVERY; CASE NO. C12-03587 WHO

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Plaintiff Fujifilm Corporation and Defendant Motorola Mobility LLC (collectively, the
“parties”), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS, in the Court’s Order Regarding Scheduling (Docket #82), the Court approved

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the parties’ agreed-on deadline of July 18, 2014 as the close of fact discovery;

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WHEREAS, the parties have endeavored to complete all fact discovery by this deadline

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but believe that it is reasonably necessary for the source code produced in this action by Motorola,

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as well as by third-parties Qualcomm Incorporated, NVIDIA Corporation, Texas Instruments, and

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Hewlett-Packard Company, to be available for further review by the parties’ respective experts

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and that additional time should be afforded to accommodate the schedules of and minimize the

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burdens on third parties who have been subpoenaed for documents and/or testimony;

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WHEREAS, since source code is expected to be addressed in upcoming expert reports and

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the subject of deposition and trial testimony, the parties agree it may be reasonably necessary for

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their respective experts to further consult the source code to prepare their reports and to testify

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and, as such, jointly request permission to access the source code produced by Motorola for

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review and printing through trial and, subject to working out the details with the third parties, to

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access the source code produced by those third parties for review and printing at least until

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January 16, 2015, but this source code accessibility shall not change or modify any deadlines

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established by the Court;

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WHEREAS, to accommodate and coordinate with the schedules of third parties whose

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depositions have been noticed by one or both of the parties for documents and/or testimony, and to

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afford the parties additional time to attempt to reach agreements on the admissibility of third-party

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declaration testimony, which could potentially obviate the need for certain third parties to sit for

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depositions, the parties jointly request a short three-week extension of the July 18, 2014 deadline

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to meet and confer in this regard and complete the taking of discovery from these third parties,

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including Qualcomm Incorporated, NVIDIA Corporation, Texas Instruments, Omnivision

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Technologies Inc., Aptina Imaging Corp., Hewlett-Packard Company, Bluetooth SIG, Stewart

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Cheifet, Olaf Joeressen, Jani Kaikko, Nokia, Microsoft, Ericsson, Jim Kardach, Simon Ellis, and

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Intel;
STIPULATION AND ORDER REGARDING SOURCE CODE AND THIRD-PARTY
DISCOVERY; CASE NO. C12-03587 WHO

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WHEREAS, opening expert reports are due on October 3, 2014, there have been no prior

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requests for extensions to the July 18, 2014 fact discovery deadline, and a limited extension of this

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deadline for the limited purpose of conducting third-party discovery will not affect any other

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Court-set deadlines.

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties hereto

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through their respective attorneys of record that (1) the parties are permitted to access the source

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code produced by Motorola for review and printing through trial and, subject to working out the

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details with the third parties, to access the source code produced by those third parties for review

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and printing at least until January 16, 2015; and (2) the July 18, 2014 deadline for the taking of

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fact discovery is extended by three weeks, until August 8, 2014, to complete the taking of

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discovery from third parties who have been subpoenaed for documents and/or testimony.

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DATED: July 15, 2014

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Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By:

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Attorneys for Defendant,
Motorola Mobility LLC

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/s/Jordan Trent Jones
A. James Isbester
Benjamin Kleinman-Green
Jordan Trent Jones

DATED: July 15, 2014

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Respectfully submitted,
MORGAN, LEWIS & BOKIUS LLP

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By:
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/s/Ahren C. Hsu-Hoffman
Ahren C. Hsu-Hoffman
Attorneys for Plaintiff
Fujifilm Corporation

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///

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///

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///
STIPULATION AND ORDER REGARDING SOURCE CODE AND THIRD-PARTY
DISCOVERY; CASE NO. C12-03587 WHO

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ATTESTATION CLAUSE REGARDING SIGNATURES
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I attest under penalty of perjury that

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I have on file permission to sign for counsel, as indicated by a “confirmed” signature (/s/) within

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the e-filed document.

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/s/Jordan Trent Jones
Jordan Trent Jones

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IT IS SO ORDERED.
Dated: July 15, 2014

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WILLIAM H. ORRICK, III
United States District Judge

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STIPULATION AND ORDER REGARDING SOURCE CODE AND THIRD-PARTY
DISCOVERY; CASE NO. C12-03587 WHO

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