Xerox Corporation v. Google Inc. et al

Filing 200

Interim STATUS REPORT by Google Inc., Right Media Inc., Right Media LLC, Xerox Corporation, Yahoo! Inc., YouTube Inc., YouTube LLC. (Day, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
XEROX CORPORATION,
Plaintiff-Counterclaim Defendant,
vs.
GOOGLE INC., YAHOO! INC., RIGHT
MEDIA INC., RIGHT MEDIA LLC,
YOUTUBE, INC. AND YOUTUBE, LLC,
Defendants-Counterclaim Plaintiffs.

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C.A. No. 10-136-LPS

INTERIM STATUS REPORT
Pursuant to the February 15, 2011, Amended Scheduling Order (D.I. 115, ¶ 7),
Plaintiff Xerox Corporation (“Xerox”); Defendants Google Inc., YouTube, Inc., and YouTube,
LLC (collectively, “Google”); and Defendants Yahoo! Inc., Right Media Inc., and Right Media
LLC (collectively, “Yahoo!”) jointly submit this Interim Status Report.
I.

NATURE OF THE MATTERS IN ISSUE
This is a patent infringement action. On February 19, 2010, Xerox brought this

action against Google and Yahoo! for infringement of U.S. Patent No. 6,778,979 (“the ’979
Patent”) and U.S. Patent No. 6,236,994 (“the ’994 Patent”). (D.I. 1.) Google and Yahoo!
asserted affirmative defenses of non-infringement and invalidity, and filed counterclaims seeking
declaratory judgments of non-infringement and invalidity. (D.I. 24, 27, 30.)
Pursuant to the Stipulation and Order entered March 7, 2011, all claims, defenses,
and counterclaims relating to the ’994 Patent have been dismissed with prejudice. (D.I. 130.)

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II.

STATUS OF CLAIM CONSTRUCTION, SCHEDULING, DISCOVERY AND
MEDIATION
On March 15, 2011 (D.I. 133), the parties filed a Joint Claim Construction Chart

setting forth agreed-upon constructions for certain terms in the asserted claims of the ’979
Patent, as well as proposing their respective constructions for disputed terms. The parties filed
opening claim construction briefs on March 25, 2011 (D.I. 141, 142), and filed answering claim
construction briefs on April 26, 2011 (D.I. 162, 163). On May 18, 2011, the parties filed a
stipulation agreeing upon a construction for a previously disputed term in Claim 10 of the ’979
Patent. (D.I. 181.) The Court held a claim construction hearing on May 19, 2011.
On June 9, 2011, the Court entered the parties’ Stipulated Order amending the
February 15, 2011, Scheduling Order. (D.I. 195.) Fact discovery is to be completed by August
15, 2011; expert discovery is to be completed by November 18, 2011; and case dispositive
motions are due by December 16, 2011.
Document production in this action is substantially complete, and the parties
have exchanged privilege logs. The parties are currently taking depositions as well as
written discovery in the form of interrogatories. The parties are discussing various
discovery issues.
Pursuant to the May 12, 2011, Order setting mediation conferences, Xerox and
Yahoo! will take part in a mediation conference with Magistrate Judge Thynge on October 24,
2011, beginning at 9:30 a.m., and Xerox and Google will take part in a mediation conference
with Magistrate Judge Thynge on October 24, 2011, beginning at 3:00 p.m. (D.I. 176.) The
parties’ mediation statements are due October 14, 2011. (Id.)

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Dated: June 14, 2011

By:

OF COUNSEL:

/s/ John G. Day

Lawrence C. Ashby (#468)
John G. Day (#2403)
Lauren E. Maguire (#4261)
ASHBY & GEDDES
500 Delaware Avenue, 8th Floor
P.O. Box 1150
Wilmington, DE 19899
[phone]
[e-mail]
[e-mail]
[e-mail]

Richard J. Stark
Andrei Harasymiak
CRAVATH, SWAINE & MOORE LLP
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
[phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff / Counterclaim
Defendant Xerox Corporation

By:

OF COUNSEL:

/s/ Jack B. Blumenfeld

Matthew B. Lehr (#2370)
Anthony I. Fenwick
DAVIS POLK & WARDWELL LLP
1600 El Camino Real
Menlo Park, CA 94025
[phone]
[e-mail]
[e-mail]

Jack B. Blumenfeld (#1014)
Maryellen Noreika (#3208)
Jeremy A. Tigan (#5239)
MORRIS, NICHOLS, ARSHT & TUNNELL
LLP
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants / Counterclaim
Plaintiffs Yahoo! Inc., Right Media Inc.,
and Right Media LLC

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By:

OF COUNSEL:

/s/ David E. Moore

Richard L. Horwitz (#2246)
David E. Moore (#3983)
POTTER ANDERSON & CORROON LLP
Hercules Plaza 6th Floor
1313 N. Market Street
Wilmington, DE 19899
[e-mail]
[e-mail]

Charles K. Verhoeven
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]

Attorneys for Defendants / Counterclaim
Plaintiffs Google Inc., YouTube, Inc. and
YouTube, LLC

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