Motorola Mobility, Inc. v. Apple, Inc.

Filing 362

REPLY to Response to Motion re (361 in 1:10-cv-23580-RNS) MOTION to Amend/Correct (84 in 1:12-cv-20271-RNS) Scheduling Order,,, MEMORANDUM OF LAW AND MOTION TO AMEND THE PROCEDURAL SCHEDULE filed by Apple Inc.. (Attachments: # 1 Exhibit 1 - Current iPhone Models, # 2 Exhibit 2 - Current Motorola Phones for Sale, # 3 Exhibit 3 - 8/21/12 Email from Searcy to Davis, # 4 Exhibit 4 - 8/15/12 Email from Vlasis to Searcy, # 5 Exhibit 5 - 9/17/12 Email from Searcy to Vlasis, # 6 Exhibit 6 - 9/14/12 Email from Searcy to Vlasis, # 7 Exhibit 7 - 9/24/12 Email from Vlasis to Searcy, # 8 Exhibit 8 - 10/1/12 Email from Vlasis to Searcy, # 9 Exhibit 9 - 10/5/12 Email from Vlasis to Searcy, # 10 Exhibit 10 - 10/8/12 Email from Vlasis to Searcy, # 11 Exhibit 11 - 10/9/12 Email from Davis to Vlasis, # 12 Exhibit 12 - 10/11/12 Email from Vlasis to Davis, # 13 Exhibit 13 - 10/11/12 Email from Davis to Vlasis, # 14 Exhibit 14 - 10/16/12 Letter from Bonifield to Vlasis)Associated Cases: 1:12-cv-20271-RNS, 1:10-cv-23580-RNS(Pace, Christopher)

EXHIBIT 11

Robin Davis <[e-mail]>
Tuesday, October 09, 2012 8:07 PM
Vlasis, Robert; Marshall Searcy; Greg Bonifield
Moto-Apple-SDFL; Weil_TLG Apple Moto FL External
RE: Apple/Motorola (FL)

From:
Sent:
To:
Cc:
Subject:

Robert,
Please see Motorola’s revised schedule proposal for claim construction of the newly asserted patents in the far-right
column of the chart below.
Please let us know whether Apple agrees to Motorola’s revised proposed dates.
Best regards, Robin

Case Event

Infringement Contentions
Invalidity Contentions
Non-infringement, Validity, &
Secondary Consideration
Contentions
Exchange of Terms for
Construction
Exchange Proposed Constructions

Motorola Initial
Proposed Date

March 5, 2013

Mar. 26, 2013

1

January 11,
2013
February 12,
2013 (include
extrinsic and
intrinsic
evidence)
March 2, 2013

March 5, 2013

File proposed joint claim
constructions
Opening Markman Brief
Feb. 26, 2013
First Interim Joint Status Report
Mar. 1, 2013
Reply Markman Brief
Mar. 26, 2013
Markman Hearing (2012 claims)
Apr. 26, 2013
First Mediation Deadline
May 31, 2013
Fact Discovery Deadline
July 5, 2013
Opening Expert Report Deadline
Aug. 16, 2013
Rebuttal Expert Report Deadline
Sept. 6, 2013
Expert Discovery Deadline
Oct. 4, 2013
Dispositive Motions Deadline
Nov. 1, 2013
Second Joint Interim Status Report Nov. 8, 2013
Second Mediation Deadline
Nov. 15, 2013
Pretrial Motions (Motions in
January 31, 2014
Limine/Daubert) Deadline
Pretrial Stipulations and Proposed Mar. 24, 2014

Jan. 24, 2013

February 4,
2013
February 12,
2013

Feb. 12, 2013

Motorola
Revised
Proposed Date

Jan. 24, 2013

Nov. 7, 2012
Dec. 5, 2012
Jan. 24, 2013

Apple
Proposed Date

Mar. 26, 2013

Jury Instructions Deadline
Calendar Call
Trial Period

Apr. 15, 2014
Apr. 21, 2014

Robin M. Davis
Associate,
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
212-849-7141 Direct
212.849.7000 Main Office Number
212.849.7100 FAX
[e-mail]
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message.

From: Vlasis, Robert [mailto:[e-mail]]
Sent: Monday, September 24, 2012 7:06 PM
To: Marshall Searcy; Greg Bonifield
Cc: Moto-Apple-SDFL; Weil_TLG Apple Moto FL External
Subject: RE: Apple/Motorola (FL)

Marshall,
Thank you for providing Motorola’s proposal. We agree with the January 24 date for exchanging non-infringement,
validity, and secondary consideration contentions. With respect to claim construction, Motorola’s proposed February 12
deadline does not appear to include the exchange of the proposed constructions themselves. Apple proposes that the
exchange of constructions should follow the exchange of terms by approximately one week. We also propose that the
briefing schedule be adjusted to provide approximately the same amount of time for the opening and responsive
briefs. A revised proposal is below with our changes indicated in red. Also, this proposal applies only to the newly
asserted patents; the original patents will not be subject to claim construction again. Please confirm your agreement.

Current Case Schedule and Apple’s New Date Proposal
Case Event
Infringement Contentions
Invalidity Contentions
Non-infringement, Validity, & Secondary Consideration
Contentions
Exchange Terms for Construction
Exchange Proposed Constructions
Opening Markman Brief
First Interim Joint Status Report
Reply Markman Brief
Markman Hearing (2012 claims)
First Mediation Deadline
2

Deadline
Nov. 7, 2012
Dec. 5, 2012
Jan. 24, 2013
Feb. 4, 2013
Feb. 12, 2013
Mar. 5, 2013
Mar. 1, 2013
Mar. 26, 2013
Apr. 26, 2013
May 31, 2013

Fact Discovery Deadline
Opening Expert Report Deadline
Rebuttal Expert Report Deadline
Expert Discovery Deadline
Dispositive Motions Deadline
Second Joint Interim Status Report
Second Mediation Deadline
Pretrial Motions (Motions in Limine/Daubert) Deadline
Pretrial Stipulations and Proposed Jury Instructions
Deadline
Calendar Call
Trial Period

July 5, 2013
Aug. 16, 2013
Sept. 6, 2013
Oct. 4, 2013
Nov. 1, 2013
Nov. 8, 2013
Nov. 15, 2013
January 31, 2014
Mar. 24, 2014
Apr. 15, 2014
Apr. 21, 2014

Best regards,
Robert

From: Marshall Searcy [mailto:[e-mail]]
Sent: Friday, September 14, 2012 2:47 PM
To: Vlasis, Robert; Greg Bonifield
Cc: Moto-Apple-SDFL; Weil_TLG Apple Moto FL External
Subject: RE: Apple/Motorola (FL)

Robert,
Per our conversation on Monday’s meet and confer conference call, Motorola has prepared a proposed schedule of
dates for Markman briefing and exchanging additional contentions. These proposals are shown on the chart below
(marked in blue).
Please let us know if Apple is agreeable to these proposed dates or provide an alternative proposal that we may
consider.
Best regards, Marshall

Current Case Schedule and Motorola’s New Date Proposal
Case Event
Infringement Contentions
Invalidity Contentions
Non-infringement, Validity, & Secondary Consideration
Contentions
Exchange of Terms for Construction
Opening Markman Brief
First Interim Joint Status Report
Reply Markman Brief
Markman Hearing (2012 claims)
First Mediation Deadline
Fact Discovery Deadline
Opening Expert Report Deadline
Rebuttal Expert Report Deadline
3

Deadline
Nov. 7, 2012
Dec. 5, 2012
Jan. 24, 2013
Feb. 12, 2013
Feb. 26, 2013
Mar. 1, 2013
Mar. 26, 2013
Apr. 26, 2013
May 31, 2013
July 5, 2013
Aug. 16, 2013
Sept. 6, 2013

Expert Discovery Deadline
Dispositive Motions Deadline
Second Joint Interim Status Report
Second Mediation Deadline
Pretrial Motions (Motions in Limine/Daubert) Deadline
Pretrial Stipulations and Proposed Jury Instructions
Deadline
Calendar Call
Trial Period

Oct. 4, 2013
Nov. 1, 2013
Nov. 8, 2013
Nov. 15, 2013
January 31, 2014
Mar. 24, 2014
Apr. 15, 2014
Apr. 21, 2014

From: Vlasis, Robert [mailto:[e-mail]]
Sent: Thursday, September 13, 2012 3:09 PM
To: Greg Bonifield
Cc: Moto-Apple-SDFL; Weil_TLG Apple Moto FL External
Subject: RE: Apple/Motorola (FL)

Greg,
Please see the attached letter.
Regards,
Robert

Robert T. Vlasis III, Esq.
Weil, Gotshal & Manges LLP
1300 Eye Street NW, Suite 900
Washington, DC 20005-3314
[e-mail]
[phone] Direct
[phone] Fax

From: Greg Bonifield [mailto:[e-mail]]
Sent: Friday, September 07, 2012 5:24 PM
To: Vlasis, Robert
Cc: Moto-Apple-SDFL; Weil_TLG Apple Moto FL External
Subject: Apple/Motorola (FL)

Robert,
Please see the attached correspondence.
Regards,
Greg

4

Greg Bonifield
Of Counsel,
Quinn Emanuel Urquhart & Sullivan, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
212-849-7494 Direct
212.849.7000 Main Office Number
212.849.7100 FAX
[e-mail]
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message.

The information contained in this email message is intended only for use of the individual or entity named above. If the
reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error, please immediately notify us by email, [e-mail],
and destroy the original message. Thank you.

5