Zions Bancorporation v. U.S. Ethernet Innovations LLC

Filing 87

ORDER APPOINTING TECHNICAL ADVISOR. Signed by Judge James Ware on October 17, 2011. (jwlc1, COURT STAFF) (Filed on 10/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
U.S. Ethernet Innovations, LLC,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER APPOINTING TECHNICAL
ADVISOR

Acer, Inc., et al.,

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NO. C 10-03724 JW
NO. C 10-05254 JW
NO. C 10-03481 JW

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AT&T, Inc., et al.,

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Defendants.

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Zions Bancorporation, et al.,

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Plaintiffs,
v.
U.S. Ethernet Innovations, LLC,

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Defendant.

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/

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On September 29, 2011, the Court issued an Order apprising the parties of its intent to

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appoint a Technical Advisor, Kwan Chan.1 The Order provided that any party to the litigation

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(Notice of Intent to Appoint a Technical Advisor, Kwan Chan, hereafter, “Order” Docket Item
No. 553 in No. C 10-03724 JW.)

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wishing to object to Mr. Chan’s appointment shall file its objection with the assigned Magistrate

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Judge by October 14, 2011. (Order at 4.) On October 17, 2011, Judge Beeler notified the Court that

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no objection has been filed.

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Accordingly, the Court appoints Kwan Chan as a Technical Advisor for these related cases
under the following terms:
1. Any advice provided to the Court by Mr. Chan will not be based on any extra-record
information.

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2. To the extent that the Court may ask Mr. Chan to provide a formal written report on

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technical advice concerning the case, a copy of the formal written report prepared by Mr. Chan shall
be provided to the parties. However, the Court reserves the right to have informal verbal

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For the Northern District of California

United States District Court

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communications with Mr. Chan which are not included in any formal written report.

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3. Mr. Chan may attend all case-related court proceedings.

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4. Mr. Chan may review any pleadings, motions or documents submitted to the Court.

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5. As a Technical Advisor, Mr. Chan will make no written findings of fact and will not

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supply any evidence to the Court. Thus, Mr. Chan will be outside the purview of “expert witnesses”

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under Fed. R. Evid. 706. As such, the provisions in Rule 706 for depositions and questioning of

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expert witnesses will be inapplicable to Mr. Chan. See Reilly v. United States, 863 F.2d 149, 155-

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67 (1st Cir. 1988).

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6. Mr. Chan will have no contact with any of the parties or their counsel except for billing
purposes.
7. Each party shall bear the cost of the Technical Advisor on a per capita basis, payable in

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advance. Because the Court has advanced the Markman hearing to October 21, 2011, the parties

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shall immediately meet and confer with Mr. Chan and develop a plan to set up a trust account

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whereby the parties shall deposit, initially, $10,000 each to cover the anticipated fees and costs. Mr.

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Chan shall issue statements to the parties and draw from the trust account every fifteen (15) days for

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his performance of the appointment. Mr. Chan will bill at the rate of $450.00 per hour.

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The Technical Advisor shall report to the Court on a periodic basis, every sixty (60) days,

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regarding the state of his fees and expenses and make a recommendation to the Court as to whether

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the trust account needs additional deposits from the parties as the case progresses.

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All matters pertaining to the fees of Mr. Chan are referred to the assigned Magistrate Judge.

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8. On or before October 18, 2011, Mr. Chan shall file a declaration that he will adhere to

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the terms of his appointment.
The Clerk of Court shall immediately add Mr. Chan to the docket.

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Dated: October 17, 2011
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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For the Northern District of California

United States District Court

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Andy Tindel [e-mail]
Anthony H. Son [e-mail]
Ashlea Pflug [e-mail]
Barry Kenneth Shelton [e-mail]
Benjamin Charles Elacqua [e-mail]
Brian Christopher Claassen [e-mail]
Bruce A Smith [e-mail]
Charlene Marie Morrow [e-mail]
Charles Ainsworth [e-mail]
Christopher Frederick Jeu [e-mail]
Christopher Needham Cravey [e-mail]
Christopher Ronald Noyes [e-mail]
Craig Steven Summers [e-mail]
Danny Lloyd Williams [e-mail]
Darryl Michael Woo [e-mail]
David J Healey [e-mail]
David J. Healey [e-mail]
David Lee Gann [e-mail]
David T McDonald [e-mail]
David T Pollock [e-mail]
Deron R Dacus [e-mail]
Dominic E. Massa [e-mail]
Douglas R. Young [e-mail]
E Joseph Benz [e-mail]
Eric Louis Toscano [e-mail]
Garland T. Stephens [e-mail]
Harold H Davis [e-mail]
Hector J. Ribera [e-mail]
Hiep Huu Nguyen [e-mail]
Hsiang H. Lin [e-mail]
Irfan A Lateef [e-mail]
Irfan Ahmed Lateef [e-mail]
Jack Wesley Hill [e-mail]
Jack Wesley Hill [e-mail]
James Patrick Brogan [e-mail]
Jason S Jackson [e-mail]
Jeffrey Fuming Yee [e-mail]
Jeffrey K. Joyner [e-mail]
Jennifer Parker Ainsworth [e-mail]
Jessica M. Kattula [e-mail]
John Christopher Herman [e-mail]
John K. Grant [e-mail]
John Philip Brinkmann [e-mail]
John W Thornburgh [e-mail]
Jonah D Mitchell [e-mail]
Jonah Dylan Mitchell [e-mail]
Jordan Jaffe [e-mail]
Karl J Kramer [e-mail]
Kevin P.B. Johnson [e-mail]
Kimball R Anderson [e-mail]
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For the Northern District of California

United States District Court

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Kyle D Chen [e-mail]
Kyung Kim [e-mail]
Lam Khanh Nguyen [e-mail]
Laura Katherine Carter [e-mail]
Lillian J Pan [e-mail]
Lionel Marks Lavenue [e-mail]
Mahmoud Munes Tomeh [e-mail]
Mark Daniel Selwyn [e-mail]
Marko R Zoretic [e-mail]
Matthew Clay Harris [e-mail]
Matthew J. Brigham [e-mail]
Michael J Newton [e-mail]
Michael J. Bettinger [e-mail]
Michael L Brody [e-mail]
Nicholas James Nugent [e-mail]
Patricia Kane Schmidt [e-mail]
Peter M Jones [e-mail]
Ray R. Zado [e-mail]
Richard T Ting [e-mail]
Robert Christopher Bunt [e-mail]
Robert M Parker [e-mail]
Roderick Bland Williams [e-mail]
Roger Brian Craft [e-mail]
Ruben Singh Bains [e-mail]
Ryan K. Walsh [e-mail]
Scott D. Baker [e-mail]
Scott Richard Mosko [e-mail]
Sean Sang-Chul Pak [e-mail]
Seth M Sproul [e-mail]
Seth McCarthy Sproul [e-mail]
Steven S. Baik [e-mail]
Thomas J. Friel [e-mail]
Thomas John Ward [e-mail]
Thomas John Ward [e-mail]
Timothy Paar Walker [e-mail]
Todd Richard Gregorian [e-mail]
William F. Lee [e-mail]

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Dated: October 17, 2011

Richard W. Wieking, Clerk

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By:

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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy