Polaris IP, LLC v. Google Inc. et al

Filing 303

Defendants' Sealed Supplement to the Record on Claim Construction. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Perlson, David)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC v. GOOGLE INC., et al. BRIGHT RESPONSE, LLC'S RESPONSE IN OPPOSITION TO DEFENDANTS' REQUEST REGARDING TRIAL DATE On this date, Defendants Google, Inc. and AOL, LLC ("Defendants") filed a motion requesting that the Court move the trial setting for this case. accurately reflect Plaintiff's position, Plaintiff responds as follows: Plaintiff opposes any request for movement of the trial date and would request that the trial be set as early as possible in the month of July, 2010. In addition, Defendants' reasons for requesting movement of the trial until after July 19, 2010 are not sufficient. First, the Docket Control Order providing dates for the Markman hearing, discovery deadlines, and expert report deadlines have been before the parties for two years. It is unsupportable for Defendants to seek a later trial date based on that issue at this late date. Second, the scheduling of a Markman hearing in another case during the first week of July is unfortunate, but still insufficient. Counsel for Plaintiff (Andrew Spangler) is likewise scheduled to argue a Markman before Judge Davis the first week of July, but is making plans to cover both, rather than inconveniencing multiple parties in this case. Plaintiff respectfully requests that trial be set as early as possible ­ even the last week of June if the Court would allow. As the Defendants did not 2:07-CV-371-CE

March 31, 2010

Respectfully submitted, __s/Patrick R. Anderson_________________ Andrew W. Spangler - Lead Counsel TX Bar No. 24041960 E-mail: [e-mail] SPANGLER LAW P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 Telephone: [phone] Facsimile: 903/553-0403 David M. Pridham, R.I. Bar # 6625 E-mail: [e-mail] LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 Telephone: [phone] Facsimile: 401/633-7247 John M. Bustamante, TX Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Telephone: [phone] Facsimile: 512/551.3773 [e-mail] Marc A. Fenster, CA Bar No. 181067 E-mail: [e-mail] Stanley H. Thompson, Jr. CA Bar No.198825 Email: [e-mail] Alexander C. Giza CA Bar No. 212327 RUSS, AUGUST & KABAT 12424 Wilshire Boulevard, 12th Floor Los Angeles, California 90025 Telephone: [phone] Facsimile: 310/826-6991

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CERTIFICATE OF SERVICE I hereby certify that the counsel of record who are deemed to have consented to electronic service are being served today with a copy of this document via the Court's CM/ECF system per Local Rule CV-5(a)(3).

Dated: March 31, 2010

/s/Patrick R. Anderson Patrick R. Anderson

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