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 2

From: Haskett, Christine
Sent: Tuesday, May 03, 2011 3:35 PM
To: 'Richard Erwine'
Cc: Moto-Apple-SDFL; Fram, Robert; Ernst, Samuel; Taub, Winslow; 'Cherensky, Steven'; Jill Ho; Haslam,
Robert T; Lopez, Tony; 'Pace, Christopher'; Edward Mullins; Taylor, Ann M
Subject: Apple/Motorola: Florida schedule

Rich,
This confirms that if the court does not grant our joint motion, we have agreement on
the following dates for Florida:
Infringement contentions: May 18 at noon Pacific time
Invalidity contentions: May 31
Exchange of claim terms: June 3
Exchange of proposed claim constructions: June 10
Opening claim construction brief (as currently scheduled): June 24
We have also agreed that if the court grants our joint motion, the deadlines in the joint
motion will supersede the above and will apply from that point on. With respect to any
of the above deadlines that have passed, but that would still be pending under the joint
motion, we will meet and confer as to whether we will stand on the materials already
exchanged or will renew our exchanges under the schedule set forth in the joint motion.
Thanks for your cooperation on these issues.
Christine
From: Richard Erwine [mailto:[e-mail]]
Sent: Friday, April 29, 2011 3:09 PM
To: Haskett, Christine
Cc: Moto-Apple-SDFL; Fram, Robert; Ernst, Samuel; Taub, Winslow; 'Cherensky, Steven'; Jill Ho; Haslam,
Robert T; Lopez, Tony; 'Pace, Christopher'; Edward Mullins
Subject: RE: Interim Joint Status Report (SD FL Action)

Thanks Christine. Mr. Piazza’s assistant requested that I provide the name and contact information for
each party’s lead counsel for purposes of the mediation. Can you please send me that information for
Apple’s lead counsel?
Here is a draft of the Interim Joint Status Report. Please let me know if you have any changes or
comments. We are not opposed to filing on Tuesday but perhaps we can file on Monday if everyone
signs off.
Motorola’s local counsel contacted Judge Ungaro’s clerk this morning concerning the joint motion. The
clerk indicated that Judge Ungaro was out of the office today due to a personal issue, but would be back
on Monday. The clerk indicated that she will bring the joint motion to Judge Ungaro’s attention on

Monday. Thus, I think we need to give Judge Ungaro a little more time to consider and hopefully grant
our joint motion.
Regards,
Rich
Richard W. Erwine
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Direct: [phone]
Main Fax: [phone]
E-mail: [e-mail]
Web: www.quinnemanuel.com
PRIVILEGED & CONFIDENTIAL

From: Haskett, Christine [mailto:[e-mail]]
Sent: Friday, April 29, 2011 5:33 PM
To: Richard Erwine
Cc: Moto-Apple-SDFL; Fram, Robert; Ernst, Samuel; Taub, Winslow; 'Cherensky, Steven'; Jill Ho; Haslam,
Robert T; Lopez, Tony; 'Pace, Christopher'
Subject: RE: Interim Joint Status Report (SD FL Action)

Rich,
Yes, we can do July 14.
On a separate topic, can we talk today about whether we can agree on an infringement
contentions date, given that the court has not yet approved our stipulation? In light of
the current schedule, we either need to reach an agreement on this issue or get
something into the court on Monday. Thanks.
Christine
From: Richard Erwine [mailto:[e-mail]]
Sent: Friday, April 29, 2011 12:43 PM
To: Haskett, Christine
Cc: Moto-Apple-SDFL; Fram, Robert; Ernst, Samuel; Taub, Winslow; 'Cherensky, Steven'; Jill Ho; Haslam,
Robert T
Subject: RE: Interim Joint Status Report (SD FL Action)

Hi Christine:
Thanks for the e-mail. Is it possible for Apple to do the mediation on July 14? I originally thought both
July 14 and July 15 worked for Motorola but I now understand that July 14 is preferable.
Thanks,

Rich
Richard W. Erwine
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Direct: [phone]
Main Fax: [phone]
E-mail: [e-mail]
Web: www.quinnemanuel.com
PRIVILEGED & CONFIDENTIAL

From: Haskett, Christine [mailto:[e-mail]]
Sent: Friday, April 29, 2011 2:18 PM
To: Richard Erwine
Cc: Moto-Apple-SDFL; Fram, Robert; Ernst, Samuel; Taub, Winslow; 'Cherensky, Steven'; Jill Ho; Haslam,
Robert T
Subject: RE: Interim Joint Status Report (SD FL Action)

Rich,
Of the dates you suggest, Apple would prefer July 15, in San Francisco.
Also, because the court's scheduling order was entered on February 2 (although it was
signed on February 1), we believe that the Joint Status Report is actually due on May
3. We look forward to receiving the draft report.
Regards,
Christine
From: Richard Erwine [mailto:[e-mail]]
Sent: Thursday, April 28, 2011 12:13 PM
To: Haskett, Christine
Cc: Moto-Apple-SDFL; Fram, Robert; Ernst, Samuel; Taub, Winslow; 'Cherensky, Steven'; Jill Ho
Subject: Interim Joint Status Report (SD FL Action)

Christine:
Per the February 1, 2011 Scheduling Order, the parties are required to file an Interim Joint Status Report
by Monday, May 2 in the SD FL action. One action item prior to filing the Report is for the parties to
agree on a place, date, and time for mediation (we will then file the form Order of Referral to
Mediation). I understand that Ed DeFranco has spoken to Apple’s counsel about potential mediation
dates, including July 14 or July 15. I have confirmed with Mr. Piazza’s assistant that those dates work for
him in San Francisco and asked her to hold those dates. Please confirm which of those two dates works
for Apple and I will finalize the date with Mr. Piazza and file the form Order of Referral to Mediation.

I will also pass along a draft of the Interim Joint Status Report later today or tomorrow.
Regards,
Rich Erwine
Richard W. Erwine
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
Direct: [phone]
Main Fax: [phone]
E-mail: [e-mail]
Web: www.quinnemanuel.com
PRIVILEGED & CONFIDENTIAL