Motorola Mobility, Inc. v. Apple, Inc.

Filing 361

MOTION to Amend/Correct (84 in 1:12-cv-20271-RNS) Scheduling Order,,, MEMORANDUM OF LAW AND MOTION TO AMEND THE PROCEDURAL SCHEDULE by Apple Inc.. Responses due by 10/29/2012 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)Associated Cases: 1:12-cv-20271-RNS, 1:10-cv-23580-RNS(Pace, Christopher)

EXHIBIT 9

Case: 1:11-cv-08540 Document #: 771 Filed: 04/16/12 Page 1 of 2 PageID #:63852

UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
________________

APPLE INC. and NeXT SOFTWARE
INC. (f/k/a NeXT COMPUTER, INC.),
Plaintiffs,
v.
MOTOROLA, INC. and MOTOROLA
MOBILITY, INC.,
Defendants.

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No. 1:11-cv-08540

Judge Richard A. Posner.

ORDER OF APRIL 16, 2012
In response to the motions by both Apple and Motorola for leave to file additional supplemental expert reports, I order:
1. Motorola’s motion for leave to supplement its expert reports regarding patents ‘002,
‘263, and ‘647 is denied. Apple’s motion for leave to supplement its expert report regarding patent ‘898 is also denied. The parties have not shown that such supplementation is necessary (or that it could be done in such a way as to avoid spawning further
supplementation requests—a supplementation death spiral), and excessive supplementation at this late date in the litigation will disrupt the court-appointed experts’ preparation of their expert reports on these patents.
2. Apple’s unopposed motion for leave to supplement its expert report on ‘559 is
granted. Both Apple and Motorola may no later than April 20 submit expert supplementation regarding the “single codeword” infringement argument relating to claim 5 of
that patent.
3. Apple’s motion for leave to supplement its expert report on damages is granted, limited to consideration of pertinent information disclosed between the March 20 filing date
for its damages report and the April 15 date for close of discovery. The supplementary
report must be filed by April 20.

Case: 1:11-cv-08540 Document #: 771 Filed: 04/16/12 Page 2 of 2 PageID #:63853

No. 1:11-cv-08540

2

United States Circuit Judge

April 16, 2012