PA Advisors, LLC v. Google Inc. et al

Filing 345

NOTICE by PA Advisors, LLC re #339 Emergency SEALED MOTION to Compel Yahoo!, Inc. to Produce Complete Source Code and Certain Related Financial Information from Plaintiff's Third Set of Interrogatories to Defendants and Emergeny Motion for Extension of Expert Report Deadlines (PA's Notice Regarding Mootness of Motion Seeking Emergency, Expedited Relief as to Yahoo!, Inc. Concerning Extension of PA's Deadline to Serve Expert Reports and Withdrawing Motion to Compel Concerning Financial Information Tied to Content Match) (Wiley, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, v. GOOGLE, INC., et al., Defendants. § § § § § § § § §

Civil Action No. 2:07-cv-480-DF JURY TRIAL DEMANDED

NXN TECH, LLC'S NOTICE REGARDING MOOTNESS OF MOTION SEEKING EMERGENCY, EXPEDITED RELIEF AS TO YAHOO!, INC. CONCERNING EXTENSION OF NXN'S DEADLINE TO SERVE EXPERT REPORTS AND WITHDRAWING MOTION TO COMPEL CONCERNING FINANCIAL INFORMATION TIED TO CONTENT MATCH nXn Tech, LLC (f/k/a PA Advisors, LLC) ("nXn") files this Notice to confirm for the Court that in light of the parties' Joint Motion to Extend Deadlines and Agreement on Time Allowed to Respond to Daubert Motions (D.I. 342), no emergency relief or expedited consideration from the Court is necessary with regard to portions of nXn's sealed motions filed on December 21, 2009 seeking an extension of the December 21, 2009 deadline for nXn to serve its expert reports on Defendants Google Inc. and Yahoo!, Inc. I. 1. Background Regarding Agreement to Extend Expert Report Deadline Monday, December 21, 2009 marked the end of the discovery period and the

deadline for Plaintiff nXn to serve expert reports on Defendants. 2. Given those deadlines, on December 21, 2009 nXn filed two emergency motions: (i) [Sealed] Emergency Motion to Compel Yahoo!, Inc. to Produce Complete Source Code and Certain Related Financial Information From Plaintiff's Third Set of Interrogatories to Defendants and Emergency Motion for Extension of Expert Report Deadlines (D.I. 339); and

(ii)

[Sealed] Emergency Motion to Compel Google Inc. to Produce Complete Source Code and Produce Documents Concerning Applied Semantics, Inc. and Kaltix Corporation and Emergency Motion for Extension of Expert Report Deadlines (D.I. 336).

3.

As of the time nXn's motions were finalized for filing, agreement had been reached

with Google Inc. ("Google"), regarding the extension of time to serve nXn's expert reports-- which nXn stated in its motions--but no definitive agreement had been reached with Defendant Yahoo! ("Yahoo"). 4. Agreement was later reached on that issue and related deadlines--as reflected in

the later filing of the parties' Joint Motion to Extend Deadlines and Agreement on Time Allowed to Respond to Daubert Motions (D.I. 342). 5. The joint motion renders moot the emergency relief that nXn sought concerning an

extension of the expert report deadline, and nXn withdraws those portions of its motions concerning the deadlines. II. 6. Yahoo Has Produced Content Match Financial Information: nXn's Motion to Compel on that Issue Is Moot, and nXn Withdraws that Part of Its Motion. On December 23, 2009, Yahoo supplemented its interrogatory responses with

financial information concerning Content Match. This information was among the information nXn specifically sought to compel in its December 21, 2009 motion. 7. Because Yahoo has now produced that information, nXn's Motion to Compel that

particular information is moot, and nXn withdraws that portion of its motion. All other relief requested in nXn's Motion to Compel (D.I. 339) remains pending for the Court's consideration, specifically, nXn's request that the Court compel Yahoo to produce complete source code as set forth in greater detail in that motion.

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Dated: December 23, 2009

Respectfully submitted, By: /s/ Elizabeth A. Wiley_ Elizabeth A. Wiley

Andrew W. Spangler LEAD COUNSEL SPANGLER LAW P.C. 208 N. Green Street, Suite 300 Longview, Texas 75601 [phone] [phone] (fax) [e-mail] David M. Pridham LAW OFFICE OF DAVID PRIDHAM 25 Linden Road Barrington, Rhode Island 02806 [phone] [phone] (fax) [e-mail] John M. Bustamante Texas Bar No. 24040618 BUSTAMANTE, P.C. 54 Rainey Street, No. 721 Austin, Texas 78701 Tel. [phone] Fax. [phone] Email:[e-mail] Kip Glasscock Texas State Bar No. 08011000 KIP GLASSCOCK P.C. 550 Fannin, Suite 1350 Beaumont, TX 77701 Tel: [phone] Fax: [phone] Email: [e-mail]

Marc A. Fenster, CA Bar No. 181067 CA Bar No. 181067 [e-mail] Andrew Weiss CA Bar No. 232974 [e-mail] Adam Hoffman CA Bar No. 218740 [e-mail] RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 [phone] [phone] (fax) Patrick R. Anderson PATRICK R. ANDERSON PLLC 4225 Miller Rd, Bldg. B-9, Suite 358 Flint, MI 48507 [phone] [phone] (fax) [e-mail] Debera W. Hepburn, Texas Bar No. 24049568 HEPBURN LAW FIRM PLLC P.O. Box 118218 Carrollton, TX 75011 Telephone: [phone] Facsimile: 888/205-8791 Email: [e-mail] Elizabeth A. Wiley Texas State Bar No. 00788666 THE WILEY FIRM PC P.O. Box. 303280 Austin, Texas 78703-3280 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

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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, December 23, 2009, 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 electronic mail, facsimile transmission and/or first class mail on this same date. \s\ Elizabeth A. Wiley Elizabeth A. Wiley

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