Unwired Planet, LLC v. Apple, Inc.

Filing 185

JOINT SCHEDULING ORDER re 182 Proposed Order filed by Unwired Planet, LLC, Apple Inc. Claims Construction Hearing set for Wednesday, 5/14/2014 02:00 PM. Tutorial Hearing set for Wednesday, 5/7/2014 02:00 PM. Signed by Judge Yvonne Gonzalez Rogers on 1/15/2014. (fs, COURT STAFF) (Filed on 1/15/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

4 UNWIRED PLANET LLC, a Nevada
limited liability company,
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Plaintiff,
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vs.
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APPLE INC., a California corporation,
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Defendant.
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Case No. 4:13-cv-4134-YGR
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) JOINT PROPOSED SCHEDULING
) ORDER
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Plaintiff Unwired Planet, LLC (“Plaintiff”), by its attorneys, and Defendant Apple Inc.
(“Defendant”), by its attorneys, submit the following Joint Proposed Scheduling Order.
EVENT
Unwired Planet identifies 10 claims for purposes of
initial claim construction
Apple supplements its response to interrogatories 38 for 10 identified claims
Unwired Planet serves responses to Apple’s
invalidity and unenforceability contentions for 10
identified claims
Unwired Planet serves supplemental infringement
contentions for 10 identified claims
Exchange of proposed terms for claim construction
pursuant to Patent L.R. 4-1(a)
Parties to meet and confer regarding claim terms
pursuant to Patent L.R. 4-1(b)
Document production to be substantially
completed by all parties
Exchange of preliminary claim constructions and
extrinsic evidence pursuant to Patent L.R. 4-2(a)
and (b)
Joint Claim Construction and Prehearing Statement
to be submitted pursuant to Patent L.R. 4-3

DATE
January 22, 2014
January 28, 2014

February 3, 2014
February 4, 2014
February 10, 2014
February 14, 2014
February 28, 2014
February 28, 2014

March 10, 2014

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CASE NO. 4:13-cv-4134-YGR

JOINT PROPOSED SCHEDULING ORDER

Opening claim construction brief pursuant to Patent
L.R. 4-5(a)
Responsive claim construction brief pursuant to
Patent L.R. 4-5(b)
Reply claim construction brief pursuant to Patent
L.R. 4-5(c)
Technology Tutorial
Claim Construction Hearing

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DATED: January 10, 2014

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April 7, 2014 (both parties) 1,2
April 28, 2014 (both parties)
N/A
May 7, 2014 at 2:00 p.m.
May 14, 2014 at 2:00 p.m.

Respectfully Submitted,
By:

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_/s/ John Campbell
Courtland L. Reichman
California State Bar No. 268873
[e-mail]
MCKOOL SMITH, P.C.
255 Shoreline Drive, Suite 510
Redwood Shores, CA 94065
Telephone: [phone]
Fax: [phone]

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Ted Stevenson III (pro hac vice to be filed)
Texas State Bar No. 19196650
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court Suite 1500
Dallas, TX 75201
Telephone: [phone]
Fax: [phone]

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Kevin L. Burgess (pro hac vice to be filed)
Texas State Bar No. 2400069
[e-mail]
John B. Campbell (pro hac vice granted)
[e-mail]
MCKOOL SMITH, P.C.
300 W. 6th St., Suite 1700
Austin, Texas 78701
Telephone: [phone]
Fax: [phone]

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Attorneys for Unwired Planet LLC
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Unwired Planet understands that the Court’s Standing Order for Patent Cases requires an opening,
response, and reply brief. Unwired Planet will defer to the Court’s preference on the claim
construction briefing procedure. Accordingly, Unwired Planet does not oppose Apple’s proposal if
the Court prefers simultaneous briefing.
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Because neither Party bears the burden of proof during claim construction, Apple proposes that the
Parties submit simultaneous opening claim construction briefs and thereafter submit simultaneous
responsive claim construction briefs. No reply brief would be submitted.
CASE NO. 4:13-cv-4134-YGR

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JOINT PROPOSED SCHEDULING ORDER

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By:

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_/s/ Y. Ernest Hsin___________
Josh Krevitt, SBN 208552
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
200 Park Ave., New York, NY 10166-0193
Tel.: [phone]; Fax: [phone]

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H. Mark Lyon, SBN 162061
[e-mail]
Y. Ernest Hsin, SBN 239926
[e-mail]
Stuart M. Rosenberg, SBN 239926
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
1881 Page Mill Rd., Palo Alto, CA 94304-1211
Tel.: [phone]; Fax: [phone]

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Attorneys for Defendant Apple Inc.

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IT IS SO ORDERED.

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Dated: January 15, 2014
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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CASE NO. 4:13-cv-4134-YGR

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JOINT PROPOSED SCHEDULING ORDER