Motorola Mobility, Inc. v. Apple, Inc.

Filing 178

MOTION to Strike Motorola's Supplemental Infringement Contentions by Apple, Inc.. Responses due by 11/25/2011 (Attachments: # 1 Affidavit Declaration of Christine Saunders Haskett, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(Pace, Christopher)

EXHIBIT 1

Page 638
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.: 10-23580-Civ-UNGARO
MOTOROLA MOBILITY, INC.,
Plaintiff,
-vAPPLE, INC.,
Defendant.

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VOLUME 3B

Miami, Florida
October 19, 2011
2:25 p.m.

TRANSCRIPT OF MARKMAN HEARING
BEFORE THE HONORABLE URSULA UNGARO
U.S. DISTRICT JUDGE
APPEARANCES:
For the Plaintiff

ASTIGARRAGA DAVIS MULLINS & GROSSMAN, PA
BY: EDWARD M. MULLINS, ESQ.
701 Brickell Avenue - 16th Floor
Miami, Florida 33131
-andQUINN EMMANUEL URQUHART & SULLIVAN
BY: DAVID A. PERLSON, ESQ.,
ANTHONY PASTOR, ESQ., and
JOHN DUCHEMIN, ESQ.
50 California Street - 22nd Floor
San Francisco, California 94111
-andBY: RAYMOND N. NIMROD, ESQ.
51 Madison Street - 22nd Floor
New York, New York 10010

(Continued)
REPORTED BY:

TAMRA K. PIDERIT, FPR, RPR, CRR

[phone]

Prose Court Reporting
250 South Australian Avenue - Suite 1500
West Palm Beach, Florida 33401

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order.

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MR. PASTOR:

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THE COURT:

Sure.
If there was a cutoff for infringement

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contentions, then we are going to live with that cutoff.

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just want you to know that, and I will go back and I will look

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to see whether or not there was.

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you to enterprise application software, then I suppose I'm going

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to need to know from you whether your position remains the same

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under claim construction.

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MR. PASTOR:

So I

If there was I'm going to hold

Can I just explain somewhat?

We have

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accused the devices, and we accuse those devices in our

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infringement contentions.

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are the documents supporting our contentions.

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to be changing our infringement.

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documents that we included.

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THE COURT:

The only thing we are going to update
We are not going

So what we had was public

This is a waste of time to have this

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discussion.

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suppose -- and I may need to see what was submitted and what you

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all exchanged in response.

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We need to see what the cutoff was, and I

I will have to go look and see.

I'm not going to make this any more complicated than it

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is, so if I think that the infringement contentions were cut

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off, I'm going to hold you to that, but I don't know what the

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order says, so I have to look at it.

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all exchanged.

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Okay?

I may need to see what you

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