Motorola Mobility, Inc. v. Apple, Inc.
Filing
323
MOTION to Amend/Correct the Procedural Schedule by Apple, Inc.. Responses due by 5/4/2012 (Attachments: # 1 Affidavit Declaration of Mark G. Davis, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Supplement Notice of Filing Under Seal, # 10 Text of Proposed Order Proposed Order Granting Motion to Amend Procedural Schedule)(Pace, Christopher)
EXHIBIT E
From:
Sent:
To:
Cc:
Subject:
Schmidt, Jill
Friday, April 13, 2012 11:33 AM
'Marshall Searcy'; David Perlson; Graham Pechenik; emullins@astidavis.com
Davis, Mark; Cappella, Anne; Pace, Christopher; HaskettCS@cov.com; 'Matthew D.
Powers'; Michael Pieja (mpieja@bridgesmav.com); kbridges@bridgesmav.com;
'jcarey@careyrodriguez.com'; 'bferrall@kvn.com'; 'llam@kvn.com';
'sagnolucci@kvn.com'; 'rpunak@kvn.com'
Apple/Motorola (FL): Proposed Schedule
Hi Marshall,
I'm looping in HTC's counsel, as they have asked to participate in any scheduling discussions that may affect them. For their benefit,
I'm recirculating the dial‐in for our call at 1pm PT today.
866‐939‐8416
Participant Passcode: 518165
Our proposed schedules are listed below:
Event
FL‐1 (current)
FL‐2 (current)
Infringement contentions
‐‐
‐‐
Invalidity contentions
‐‐
‐‐
‐‐
Markman Hearing
Close of fact discovery
Opening expert reports
Rebuttal expert reports
Close of expert discovery
Deadline to file dispositive
motions
Deadline to file pretrial
motions
Deadline to file joint pretrial
stipulations / jury
instructions
Calendar call
Trial
‐‐
5/4/12
5/11/12
6/8/12
7/3/12
7/13/12
‐‐
6/8/12
6/8/12
7/9/12
7/30/12
8/13/12
‐‐
6/29/12
7/13/12
8/17/12
8/31/12
9/7/12
Apple’s Proposed Apple’s Proposed
Schedule for FL‐1 FL‐2 Schedule
plus overlapping
portions of FL‐2
(with HTC)
4/27/12
9/7/12
(Only on ’721
patent and new
accused products
for
overlapping Apple
and Motorola
patents)
5/18/12
10/5/12
(Only on ’721
patent)
‐‐
1/18/12
10/5/12
5/3/13
10/19/12
6/7/13
11/20/12
7/12/13
12/21/12
8/9/13
1/14/13
8/23/13
7/20/12
10/29/12
10/29/12
3/11/13
9/6/13
9/13/12
1/11/13
1/11/13
5/24/13
11/8/13
10/16/12
10/22/12
1/22/13
1/28/13
1/22/13
1/28/13
6/4/13
6/10/13
12/10/13
12/16/13
1
Motorola’s
Proposed Schedule
for FL‐1 plus
overlapping
portions of FL‐2
‐‐
Motorola has not yet proposed a new schedule for FL‐2. If I have understood our prior correspondence correctly, Motorola is
proposing that FL‐1 should include (1) all the claims currently pending in FL‐1; (2) Motorola's and Apple's claims on the patents‐in‐
suit that overlap with FL‐1 regarding new accused products; (3) Apple's claims against Motorola regarding the '721 patent; and (4)
Apple's 271(f) theory in its proposed amended answer (for which there is a April 19 hearing scheduled in the FL‐1 case).
Apple believes that both schedules need to be modified in light of the six new patents Motorola seeks to add to FL‐2 with its
proposed amended complaint (and any additional patents HTC may assert when it files its responsive pleading on May
11). Moreover, given the overlap between issues and the accused products in FL‐1 and FL‐2, Apple proposed consolidating both
cases in their entirety. Motorola rejected that proposal, but Apple is wiling to agree to the partial consolidation of FL‐1 and FL‐2
proposed by Motorola if Apple's claims against HTC regarding the '721 patent are also included in FL‐1. Otherwise, Motorola's
proposal would result in duplicative discovery in FL‐1 and FL‐2. Alternatively, if HTC agrees to coordinate discovery regarding the
'721 patent on the FL‐1 schedule, (even if Apple's claims against HTC regarding the '721 patent remain in FL‐2), a longer discovery
period in FL‐1 would be required to accommodate that.
Let's discuss these issues at 1pm.
Best regards,
Jill
Jill Schmidt (née Ho)
Weil, Gotshal & Manges LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065-1134
jill.schmidt@weil.com
+1 650 802 3163 Direct
+1 650 802 3100 Fax
2
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