Compression Labs Incorporated v. Dell, Inc et al

Filing 74

MOTION for Protective Order by Compression Labs Incorporated. (Attachments: # 1 Exhibit Exhibit A - Stipulation and Protective Order)(Joe, Christopher) Additional attachment(s) added on 12/21/2004 (fal, ).

Compression Labs Incorporated v. Dell, Inc et al

Doc. 74

Case 2:04-cv-00159-DF

Document 74

Filed 12/20/2004

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMPRESSION LABS, INC., Plaintiff, v. DELL INC., et al., ACER AMERICA CORPORATION, et al. Defendants. § § § § § § § § § §

C. A. No. 2:04-CV-159-DF C. A. No. 2:04-CV-294-DF

MOTION FOR ENTRY OF PROTECTIVE ORDER Plaintiff Compression Labs, Inc. ("CLI") moves the Court to enter a protective order governing discovery in the above-referenced cases as follows. 1. On December 6, 2004, the Court entered a Stipulation and Protective Order governing

discovery in the related `672 Patent case C.A. No. 2:04-CV-158-DF. See Docket Nos. 172, 173 for C.A. No. 2:04-CV-158-DF. 2. Because the parties are engaging in coordinated discovery in the three related `672

Patent lawsuits (i.e. C.A. No. 2:04-CV-158-DF, C.A. No. 2:04-CV-159-DF and C.A. No. 2:04-CV294-DF), CLI requests that the Court enter a Protective Order in C.A. No. 2:04-CV-159-DF and C.A. No. 2:04-CV-294-DF which is substantially identical in form to the one entered in C.A. No. 2:04CV-158-DF. 3. CLI therefore asks the Court to enter the Protective Order attached hereto as Exhibit

A in both the C. A. No. 2:04-CV-159-DF and C. A. No. 2:04-CV-294-DF cases.

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4.

CLI's counsel conferred with counsel for the various Defendants regarding the entry

of the Protective Order. From the C. A. No. 2:04-CV-159-DF case, counsel for all defendants stated that their clients either agree to or do not oppose the entry of the Protective Order. From the C. A. No. 2:04-CV-294-DF case, counsel for Acer America, Audiovox Corp., Audiovox Electronics Corp., BancTec, Inc., BenQ America Corp., Scansoft, Inc., Sun Microsystems, Inc., TiVo, Inc., and Yahoo!, Inc. stated that their clients either agree to or do not oppose the entry of the Protective Order. Counsel for AudioVox Communications Corp., Color Dreams, Inc., Google, Inc., and Veo, Inc. did not respond to counsel's attempts to confer with them regarding this protective order. CLI, therefore, files this motion as opposed by those particular defendants who did not respond to CLI's attempts to meet and confer. 5. Wherefore, CLI respectfully requests that the Court grant this motion and enter the

Protective Order attached hereto as Exhibit A.

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Dated: December 20, 2004 Respectfully submitted, GODWIN GRUBER, LLP

By:

/s/ Eric W. Buether Eric W. Buether Attorney in Charge Texas State Bar No. 03316880 ebuether@godwingruber 1202 Elm Street, Suite 1700 Dallas, Texas 75270 [phone] [phone] Facsimile ATTORNEYS LABS, INC. FOR COMPRESSION

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by facsimile transmission and/or first class mail this 20th day of December 2004.

/s/ Eric W. Buether

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION COMPRESSION LABS, INC., Plaintiff, v. DELL INC., et al., ACER AMERICA CORPORATION, et al. Defendants. § § § § § § § § § § ORDER The Court, having considered Plaintiff Compression Labs, Inc.'s Motion for Entry of Protective Order, is of the opinion that the motion should be GRANTED. Accordingly, it is ORDERED that the Protective Order, in the form attached to the Plaintiff's Motion as Exhibit A is hereby entered. SO ORDERED. Dated: __________________________

C. A. No. 2:04-CV-159-DF C. A. No. 2:04-CV-294-DF

_______________________________________ UNITED STATES DISTRICT JUDGE

D1085753v1\14017.0002 PLEADINGS