APPLE inc. and NEXT Software Inc. v. Motorola, Inc. and Motorola Mobility, Inc
Filing
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DECLARATION of Brian Cannon in Support re: 1 MOTION to Compel DOCUMENT PRODUCTION AND DEPOSTION FROM JEFFERSON HAN AND PERCEPTIVE PIXEL. Other Court Name: NORTHERN DISTRICT OF ILLINOIS. Other Court Case Number: 11CV8450. (Filing Fee $ 46.00, Receipt Number 465401029188) MOTION to Compel DOCUMENT PRODUCTION AND DEPOSTION FROM JEFFERSON HAN AND PERCEPTIVE PIXEL. Other Court Name: NORTHERN DISTRICT OF ILLINOIS. Other Court Case Number: 11CV8450. (Filing Fee $ 46.00, Receipt Number 465401029188). Document filed by Motorola, Inc. and Motorola Mobility, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(wb)
EXHIBIT 4
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
________________
APPLE INC. and NeXT SOFTWARE
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INC. (f/k/a NeXT COMPUTER, INC.),
)
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Plaintiffs,
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No. 1:11‐cv‐08540
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v. )
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Judge Richard A. Posner.
MOTOROLA, INC. and MOTOROLA
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MOBILITY, INC.,
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Defendants.
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ORDER
On January 11, 2012, the court heard argument on motions for summary
judgment on claims involving eight patents, and on related motions. Rulings on these
motions will be issued on January 16.
The court orders (all year dates are 2012):
1. The jury trial on liability will begin on June 11.
2. Close of business January 23 is the deadline for the parties to file a joint submission
designating which claims will be tried in the jury trial.
3. Close of business January 30 is the deadline for the parties’ experts to nominate a
neutral expert (or two neutral experts, if necessary), and inform the court of their
nominees.
4. Apple’s motion for partial summary judgment pertaining to limitations on damages
proof is denied as premature. Damages will be tried, and motions concerning damages
resolved, separately after liability is litigated, should the jury find liability.
5. Apple’s motion for summary judgment on equitable issues relating to Motorola’s
obligation to offer fair, reasonable, and nondiscriminatory licenses for patents used in
standards is denied as premature. These and other equitable issues will be the subject of
a separate bench trial following the jury trial on liability, should the jury find liability.
6. Motorola’s motion to dismiss certain Apple claims for lack of subject‐matter
jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) is denied.
7. Motorola’s unopposed motion for additional discovery pursuant to Fed. R. Civ. P.
56(d) is granted.
SO ORDERED.
January 15, 2012
United States Circuit Judge,
Sitting by designation
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