Polaris IP, LLC v. Google Inc. et al

Filing 139

Consent MOTION for Extension of Time to Complete Discovery and Allow for Amendment of the Parties' Infringement and Invalidity Contentions by AOL, LLC., America Online, Inc., Google Inc., Yahoo!, Inc.. (Attachments: # 1 Text of Proposed Order)(Woo, Darryl)

Polaris IP, LLC v. Google Inc. et al

Doc. 139

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC F/K/A POLARIS IP, LLC, Plaintiff vs. GOOGLE INC., et al, Defendants. § § § § § § § § § §

NO. 2:07-CV-371-CE JURY

CONSENT MOTION TO EXTEND DISCOVERY DEADLINES AND ALLOW FOR AMENDMENT OF THE PARTIES' INFRINGEMENT AND INVALIDITY CONTENTIONS Defendants Google Inc., Yahoo! Inc., AOL LLC and America Online, Inc. (collectively "Defendants") hereby respectfully move the Court for an agreed order extending the time for compliance with the Court's mandatory disclosure requirements under Paragraph 3 of the Court's Discovery Order. Defendants seek a 60-day extension to comply with these disclosure requirements. Further, the parties request leave to amend their Infringement and Invalidity Contentions under P.R. 3-1 and 3-3 respectively. The Court's Discovery Order (Dkt No. 114) provides that the time for each party's mandatory disclosure requirements is August 15, 2008. The Court has not entered the Appendix C of its Standard Discovery Order that addresses Infringement and Invalidity Contentions for Software at Section II, P.R. 3-1(f)-(h). Plaintiff served its first set of interrogatories on June 20, 2008. Yahoo! Inc. served its objections and responses to Plaintiff's first set of interrogatories on July 23, 2008. And pursuant to an agreement with Plaintiff, Google Inc., AOL LLC and America Online, Inc. served their objections and responses to Plaintiff's first set of interrogatories on July 30, 2008.

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In light of the foregoing, the parties have agreed as follows: (1) The parties agree to a 60-day extension of the time to comply with the Court's

mandatory disclosure requirements under Paragraph 3 of the Court's Discovery Order until October 14, 2008. (2) The parties agree that Defendants will provide supplemental responses to Bright

Response's First Set of Interrogatories, including the identification of documents by bates ranges, subject to each of the Defendants' General and Specific Objections by October 14, 2008. (3) The parties agree that within 60-days after the production of source code, if any,

Plaintiff may supplement its Infringement Contentions with respect to the produced source code. Plaintiff's supplementation shall comply with Section II, P.R. 3-1(h) of Appendix C from the Court's Standard Discovery Order. (4) The parties agree that within 60-days after Plaintiff serves its amended

Infringement Contentions pursuant to paragraph (3) above, each Defendant opposing a claim of patent infringement may serve supplemental Invalidity Contentions pursuant to Section II, P.R. 3-3(f) of Appendix C from the Court's Standard Discovery Order. Counsel for Plaintiff Bright Response, LLC f/k/a Polaris IP, LLC, does not oppose these requests. Accordingly, the parties respectfully request that the Court enter an order in accordance with the agreement detailed above.

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Dated: August 15, 2008

Respectfully submitted, /s/ Darryl M. Woo Darryl M. Woo, CA Bar No. 100513 LEAD ATTORNEY Michael Sacksteder, CA Bar No. 191605 FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Tyler A. Baker, Texas Bar No. 01595600 Saina S. Shamilov, CA Bar No. 215636 C. J. Alice Chuang, CA Bar No. 228556 Eric J. Ball, CA Bar No. 241327 FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] COUNSEL FOR GOOGLE INC., AOL LLC and AMERICA ONLINE, INC.

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Dated: August 15, 2008

Respectfully submitted, /s/ Jason White, with permission by Darryl M. Woo Michael E. Jones, TX Bar No. 10929400 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702) P. O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: [phone] [e-mail] Jason White HOWREY LLP 321 North Clark Street, Suite 3400 Chicago, IL 60610-2402 Telephone: [phone] Facsimile: [phone] [e-mail] COUNSEL FOR YAHOO! INC.

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CERTIFICATE OF CONFERENCE Defendants Google Inc., Yahoo! Inc., AOL LLC and America Online, Inc., have conferred by telephone and/or email with plaintiff Bright Response, LLC, f/k/a Polaris IP, LLC, and this Consent Motion to Extend Discovery Deadlines and Allow For Amendment of the Parties Infringement and Invalidity Contentions is unopposed. Dated: August 15, 2008 Respectfully submitted, /s/ Saina S. Shamilov Darryl M. Woo, CA Bar No. 100513 LEAD ATTORNEY Michael Sacksteder, CA Bar No. 191605 FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Tyler A. Baker, Texas Bar No. 01595600 Saina S. Shamilov, CA Bar No. 215636 C. J. Alice Chuang, CA Bar No. 228556 Eric J. Ball, CA Bar No. 241327 FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] COUNSEL FOR GOOGLE INC., AOL LLC and AMERICA ONLINE, INC.

Dated: August 15, 2008

Respectfully submitted, /s/ Jason White, with permission by Darryl M. Woo Michael E. Jones, TX Bar No. 10929400 POTTER MINTON A Professional Corporation 110 N. College, Suite 500 (75702) P. O. Box 359 Tyler, Texas 75710 Telephone: [phone] Facsimile: [phone] [e-mail] Jason White HOWREY LLP 321 North Clark Street, Suite 3400 Chicago, IL 60610-2402 Telephone: [phone] Facsimile: [phone] [e-mail] COUNSEL FOR YAHOO! INC.

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this motion and proposed order was served on all counsel who have consented to electronic service, Local Rule CV-5(a)(3)(A), on this the 15th day of August. Dated: August 15, 2008 Respectfully submitted, /s/ Eric Ball Darryl M. Woo, CA Bar No. 100513 LEAD ATTORNEY Michael Sacksteder, CA Bar No. 191605 FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Tyler A. Baker, Texas Bar No. 01595600 Saina S. Shamilov, CA Bar No. 215636 C. J. Alice Chaung, CA Bar No. 228556 Eric J. Ball, CA Bar No. 241327 FENWICK & WEST LLP Silicon Valley Center 801 California Street Mountain View, CA 94041 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] COUNSEL FOR GOOGLE INC., AOL LLC and AMERICA ONLINE, INC.

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