Motorola Mobility, Inc. v. Apple, Inc.

Filing 220

STATUS REPORT Joint Interim Status Report by Apple, Inc., Motorola Mobility, Inc. (Giuliano, Douglas)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

Case No. 1:10cv023580-Civ-RNS
MOTOROLA MOBILITY, INC.,
Plaintiff,
v.

JURY TRIAL DEMANDED

APPLE INC.,
Defendant.

APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Counterclaim Defendants.

PARTIES' JOINT INTERIM STATUS REPORT
Motorola Mobility, Inc., Motorola Solutions, Inc., and Apple Inc. (collectively, the
"Parties") submit this Interim Joint Status Report as required by the Court's December 19, 2011
Amended Scheduling Order and Order Referring Discovery Matters to the Magistrate Judge.
The Parties' responses to the questions set forth in the Order are provided below.

Questions

Parties Responses

1. Have the parties engaged in informal
settlement negotiations? If not, explain the
reasons for the failure to do so. If yes, state the
status of such negotiations (e.g., ongoing,
impasse, etc.) and the relative prospects for
resolution through informal means.

The parties have in the past engaged and
continue to engage in informal settlement
negotiations.

2. Describe the status of discovery conducted
to date, and identify whether the parties
reasonably believe that they will be able to
complete discovery by the Court’s deadline. If
not, explain the reasons.

The parties have served significant written
discovery, including requests for production,
interrogatories, and requests for admission.
Depositions are ongoing. The parties
reasonably believe that they will be able to
complete discovery by the Court’s deadline.

3. Identify any other issues that the Court
should be aware of that may affect the
resolution of this matter or the schedule as
currently set.

The current case schedule sets a deadline for
expert discovery to be completed on April 13,
2012, which is before rebuttal expert reports
are due on April 16, 2012. Accordingly, the
parties have discussed stipulating to revised
deadlines for the close of expert discovery
(May 11) and filing of summary judgment
motions (May 18).
In addition, the trial date is currently set for
September 24, 2012, a date that conflicts with
Yom Kippur. The parties have discussed
stipulating to another date convenient for the
parties and the Court, but Motorola does not
believe that the trial date has to be moved as it
can be dealt with at the call of the trial calendar
(which is currently scheduled for Rosh
Hashanah and for which the parties agree
should be moved to account for the holiday).
Moreover, Motorola Mobility intends to file
another complaint in the Southern District of
Florida to present allegations concerning, and
to seek remedies for infringement of the
Motorola patents at issue in this case for any
products and/or infringement theories stricken
without prejudice by the December 6, 2011
Order (D.E. 198). Apple disagrees that this
"may affect the resolution of this matter or the
schedule as currently set." Indeed, to the
extent that Motorola believes filing a new
2

complaint will affect the schedule of this case,
that position is internally inconsistent with
Motorola's view that the trial date need not be
moved.
4. For Fort Lauderdale/West Palm division
cases, the parties shall indicate whether they
prefer to try the case in Miami or Fort
Lauderdale/West Palm.

This is a Miami division case.

3

Dated: January 17, 2011

Respectfully submitted,

/s/ Edward M. Mullins
Edward M. Mullins
[e-mail]
Hal M. Lucas
[e-mail]
Astigarrage Davis Mullins & Grossman, P.A.
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]

/s/ Christopher R. J. Pace
Christopher R. J. Pace
[e-mail]
Edward Soto
WEIL, GOTSHAL & MANGES LLP
1395 Brickell Avenue, Suite 1200
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]

Attorneys for Motorola Mobility, Inc. and
Motorola Solutions, Inc.

Attorneys for Apple Inc.

Of Counsel:
Mark D. Baker
[e-mail]
Edward J. DeFranco
[e-mail]
Alexander Rudis
[e-mail]
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
Telephone: [phone]
Facsimile: [phone]

Of Counsel:
Matthew D. Powers
[e-mail]
Steven Cherensky
[e-mail]
Tensegrity Law Group LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: 650-802-6001
Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

Charles K. Verhoeven
[e-mail]
David A. Perlson
[e-mail]
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Robert T. Haslam
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

David A. Nelson
[e-mail]
Quinn Emanuel Urquhart & Sullivan, LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
Telephone: [phone]
Facsimile: [phone]

Robert D. Fram
[e-mail]
Christine Saunders Haskett

4

[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Attorneys for Motorola Mobility, Inc. and
Motorola Solutions, Inc.

Attorneys for Apple Inc.

5

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on January 17, 2012, I served the foregoing document
via electronic mail on all counsel of record identified on the attached Service List.

/s/ Douglas Giuliano
Douglas Giuliano

6

SERVICE LIST
Motorola Mobility, Inc. versus Apple Inc.
Case No. 1:10cv023580-Civ-RNS
United States District Court, Southern District of Florida

Christopher R.J. Pace
[e-mail]
Weil, Gotshal & Manges LLP
1395 Brickell Avenue, Suite 1200
Miami, Florida 33131
Tel.: [phone] / Fax: [phone]
Attorneys for Apple, Inc.
Electronically served via e-mail
Of Counsel:
Matthew D. Powers
[e-mail]
Steven Cherensky
[e-mail]
Tensegrity Law Group LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: 650-802-6001
Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Robert T. Haslam
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Robert D. Fram

7

[e-mail]
Christine Saunders Haskett
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Apple, Inc.
Electronically served via e-mail

8