Personalized User Model LLP v. Google Inc.

Filing 400

Emergency MOTION for Extension of Time to Serve Rebuttal Expert Reports - filed by Google Inc.. (Horwitz, Richard)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PERSONALIZED USER MODEL, L.L.P.,
Plaintiff,
v.
GOOGLE INC.,
Defendant.

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C.A. No. 09-525-LPS
JURY TRIAL DEMANDED

EMERGENCY MOTION FOR EXTENSION OF TIME TO SERVE
REBUTTAL EXPERT REPORTS
Defendant Google Inc. (“Google”) respectfully moves for a short extension of time to
serve rebuttal expert reports. The current deadline for the parties to serve rebuttal expert reports
is September 28, 2012. Google asked Plaintiff for a short extension of time until Tuesday
October 2 or Wednesday, October 3. Defendant requests this limited additional time to complete
the rebuttal report to Plaintiff's two infringement reports in particular given their breadth, they
span approximately 350 pages, and to allow sufficient time for attorney and client review.
Several of the attorneys for Defendant are also presently dealing with multiple pre-trial filings in
a matter pending in the Eastern District of Virginia set for trial on October 16, 2012.
PUM refused to agree to any extension, even though it pointed to no prejudice.1 Nor
could it, given the first expert deposition is not scheduled until November 5, the deposition of
Google's rebuttal expert of non-infringement is scheduled for November 20, and dispositive
motions are not due until December 3. The extension would affect no other deadlines.
Accordingly, Google requests that the September 6, 2012 Order Regarding Stipulation

1

Plaintiff indicated it simply wanted to "keep the case moving." Yet, PUM itself recently
requested that Google agree to extend the time for PUM's Opposition to Defendants' motion to
stay and Google did not oppose. (D.I. 395).

Regarding Expert Discovery Schedule be amended as follows:
Activity

Former Date

Rebuttal reports due2

September 28, 2012

New Date
October 3, 2012

POTTER ANDERSON & CORROON LLP

OF COUNSEL:

By: /s/ Richard L. Horwitz
Richard L. Horwitz (#2246)
David E. Moore (#3983)
Hercules Plaza, 6th Floor
1313 N. Market Street
Wilmington, DE 19801
Tel: [phone]
[e-mail]
[e-mail]

Charles K. Verhoeven
David A. Perlson
Joshua Lee Sohn
Margaret Pirnir Kammerud
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
50 California St.
San Francisco, CA 94111
Tel.: [phone]

Attorneys for Defendant Google, Inc.

Andrea Pallios Roberts
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
555 Twin Dolphin Drive, Suite 560
Redwood Shores, CA 94065
Tel.: [phone]
Dated:
/ 34638

IT IS SO ORDERED, this __________ day of ________________ 2012.

____________________________________________
U.S.D.J.
1076931/34638

2

No other expert reports are permitted without consent of all parties or leave of the Court.
2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I, Richard L. Horwitz, hereby certify that on September 27, 2012, the attached document
was electronically filed with the Clerk of the Court using CM/ECF which will send notification
to the registered attorney(s) of record that the document has been filed and is available for
viewing and downloading.
I further certify that on September 27, 2012, the attached document was Electronically
Mailed to the following person(s):
Karen Jacobs Louden
Jeremy A. Tigan
Morris, Nichols, Arsht & Tunnell LLP
1201 North Market Street, 18th Fl.
Wilmington, DE 19899-1347
[e-mail]
[e-mail]

Marc S. Friedman
SNR Denton US LLP
1221 Avenue of the Americas
New York, NY 10020-1089
[e-mail]

Jennifer D. Bennett
Matthew P. Larson
SNR Denton US LLP
1530 Page Mill Road, Ste. 200
Palo Alto, CA 94304-1125
[e-mail]
[e-mail]

Mark C. Nelson
Robert Needham
SNR Denton US LLP
2000 McKinney, Suite 1900
Dallas, TX 75201
[e-mail]
[e-mail]

Christian E. Samay
SNR Denton US LLP
101 JFK Parkway
Short Hills, NJ 07078
[e-mail]
/s/ Richard L. Horwitz
Richard L. Horwitz
David E. Moore
POTTER ANDERSON & CORROON LLP
[phone]
[e-mail]
[e-mail]
932168 / 34638