Personalized User Model LLP v. Google Inc.

Filing 548

Letter to The Honorable Leonard P. Stark from Karen Jacobs regarding to request a discovery dispute conference. (Jacobs, Karen)

MORRIS, NICHOLS, ARSHT

&

TUNNELL

LLP

1201 N ORTH M ARKE T S T RE E T
P.O. B OX 1347
W ILMINGT ON , D E LAW ARE 19899-1347
[phone]
[phone] FAX
KAREN JACOBS
[phone]
[e-mail]

January 17, 2014
The Honorable Leonard P. Stark
United States District Court
for the District of Delaware
844 North King Street
Wilmington, DE 19801
Re:

BY E-FILING

Personalized User Model, L.L.P. v. Google, Inc.
C.A. No. 09-525 (LPS)

Dear Judge Stark:
Pursuant to the Court’s direction, PUM writes to request a discovery dispute conference
because the parties have been unable to resolve a dispute concerning Google’s reduction of prior
art references, both in terms of timing and the number of obviousness combinations on which
Google may rely. The parties also have related disputes concerning pretrial order exchanges.
PUM contends that it is only required to initially provide its portions of the Pretrial Order that
relate to “plaintiff’s case” under the local rule, and contends that it should not have to provide its
sections on issues relating to “defendant’s case” until after Google has provided those
disclosures under the local rule, particularly where Google has not disclosed the references on
which it will rely. Google disagrees. Although we conferred with Google in an attempt to
submit a joint request, as instructed by the Court, we were unable to agree in a timely way on a
non-argumentative submission.
PUM requests a discovery dispute teleconference at the Court’s earliest convenience
because opening sections of the Pretrial Order are due on January 20, 2014, and rebuttal sections
are due on February 5, 2014. As the Court is aware, trial is scheduled to begin on March 10,
2014.
Respectfully,

/s/ Karen Jacobs
Karen Jacobs (#2881)
cc:

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