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 13
Robin Davis
Thursday, October 11, 2012 1:05 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,
We are conferring with our client regarding the schedule. We will respond to your email when we are able.
Best regards, Robin
From: Vlasis, Robert [mailto:robert.vlasis@weil.com]
Sent: Thursday, October 11, 2012 11:22 AM
To: Robin Davis
Cc: Marshall Searcy; Greg Bonifield; Moto-Apple-SDFL; Weil_TLG Apple Moto FL External
Subject: Re: Apple/Motorola (FL)
Robin,
We agree to Motorola's proposed date for filing proposed joint claim constructions. Thus, the parties are in agreement
on all dates except for the date for exchanging terms for construction. In this regard, we don't understand your
rationale for moving that deadline 1 month earlier than your original proposal and on a date prior to the exchange of
rebuttal contentions. We believe that our proposed deadline of February 4 is more appropriate. Please reconsider
Apple's proposed deadline and let us know by 6 PM pacific today whether Motorola will agree to February 4.
Best regards,
Robert
On Oct 9, 2012, at 8:07 PM, "Robin Davis" wrote:
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
Motorola Initial
Proposed Date
Nov. 7, 2012
Dec. 5, 2012
Jan. 24, 2013
1
Apple
Proposed Date
Motorola
Revised
Proposed Date
Jan. 24, 2013
Jan. 24, 2013
Contentions
Exchange of Terms for
Construction
Exchange Proposed Constructions
File proposed joint claim
constructions
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
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
Feb. 12, 2013
February 4,
2013
February 12,
2013
January 11,
2013
February 12,
2013 (include
extrinsic and
intrinsic
evidence)
March 2, 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
Oct. 4, 2013
Nov. 1, 2013
Nov. 8, 2013
Nov. 15, 2013
January 31, 2014
March 5, 2013
March 5, 2013
Mar. 26, 2013
Mar. 26, 2013
Mar. 24, 2014
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
robindavis@quinnemanuel.com
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
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have received this communication in error, please notify us immediately by e-mail, and delete the original message.
From: Vlasis, Robert [mailto:robert.vlasis@weil.com]
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)
2
Marshall,
Thank you for providing Motorola’s proposal. We agree with the January 24 date for exchanging noninfringement, 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
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
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
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:marshallsearcy@quinnemanuel.com]
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)
3
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
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
From: Vlasis, Robert [mailto:robert.vlasis@weil.com]
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
4
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
Oct. 4, 2013
Nov. 1, 2013
Nov. 8, 2013
Nov. 15, 2013
January 31, 2014
Mar. 24, 2014
Apr. 15, 2014
Apr. 21, 2014
Robert T. Vlasis III, Esq.
Weil, Gotshal & Manges LLP
1300 Eye Street NW, Suite 900
Washington, DC 20005-3314
robert.vlasis@weil.com
+1 202 682 7024 Direct
+1 202 857 0940 Fax
From: Greg Bonifield [mailto:gregbonifield@quinnemanuel.com]
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
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
gregbonifield@quinnemanuel.com
www.quinnemanuel.com
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5
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