Hovsepian v. Apple, Inc.

Filing 62

Transcript of Proceedings held on 12/04/2009, before Judge Jeremy Fogel. Court Reporter/Transcriber Summer Clanton, Telephone number 408-288-6150. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/7/2010. (Clanton, Summer) (Filed on 1/7/2010)

Hovsepian v. Apple, Inc.

Doc. 62

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HAROLD J. McELHINNY (CA SBN 66781) RACHEL KREVANS (CA SBN 116421) MATTHEW I. KREEGER (CA SBN 153793) JASON A. CROTTY (CA SBN 196036) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Defendants ECHOSTAR SATELLITE LLC AND ECHOSTAR TECHNOLOGIES CORPORATION UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 Case No. 05-CV-1114 JW 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ECHOSTAR'S TERMS FOR RECONSIDERATION AND PRELIMINARY CONTENTIONS CASE NO. 05-CV-1114 JW

In re ACACIA MEDIA TECHNOLOGIES CORPORATION ECHOSTAR'S PROPOSED TERMS FOR RECONSIDERATION AND PRELIMINARY CONTENTIONS Hon. James Ware

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Dockets.Justia.com

sf-1976227

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In accordance with the Court's orders dated June 21, 2005 and June 27, 2005, defendants EchoStar Satellite LLC and EchoStar Technologies Corporation (collectively "EchoStar") hereby submit their Proposed Terms for Reconsideration and Preliminary Constructions. EchoStar proposes that the Court reconsider its construction of the term "transceiver" and construe it to mean "a singular device that interfaces with a single communication medium and that is capable of sending and receiving data over that communication medium." The reasons and supporting evidence for this proposed construction are set forth in detail in the Memorandum of Points and Authorities in Support of Defendant DIRECTV Group, Inc.'s Motion for Reconsideration of the Court's Construction of the Term "Transceiver" and the Declaration of Andrew Lippman in Support of Defendant DIRECTV Group, Inc.'s Motion for Reconsideration of the Court's Construction of the Term "Transceiver," both filed on July 29, 2005. EchoStar joins in and incorporates these documents by reference.

Dated: July 29, 2005

HAROLD J. McELHINNY RACHEL KREVANS MATTHEW I. KREEGER JASON A. CROTTY MORRISON & FOERSTER LLP

By:

/s/ Jason A. Crotty Jason A. Crotty Attorneys for Defendants ECHOSTAR SATELLITE LLC AND ECHOSTAR TECHNOLOGIES CORPORATION

ECHOSTAR'S TERMS FOR RECONSIDERATION AND PRELIMINARY CONTENTIONS CASE NO. 05-CV-1114 JW

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sf-1976227