IP Innovation LLC et al v. Google, Inc.

Filing 55

MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Certain Deadlines for Discovery and Rebuttal Expert Witness Reports by Google, Inc.. (Attachments: # 1 Text of Proposed Order)(Beck, David)

IP Innovation LLC et al v. Google, Inc.

Doc. 55

T]NITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IP INNOVATION L.L.C. AND TECHNOLOGY LICENSING CORPORATION, Plaintiffs,
CASE NO. 2:07CV-503-LED v.

ruRY TRIAL REQUESTED
GOOGLE INC.,
Defendant.

JOINT MOTION TO EXTEND CERTAIN DEADLINES FOR DISCOVERY AND REBUTTAL EXPERT WITNESS REPORTS

TO THE HONORABLE ruDGE OF THIS COURT: Plaintiffs IP Innovation L.L.C. and Technology Licensing Corporation ("Plaintiffs") attd
Defendant Google Inc. ("Defendant") file this joint motion and respectfully ask the Court to extend the following discovery and rebuttal expert witness reports deadlines in this matter. Plaintiffs and Defendant would show the Court as follows:

1. 2.

The current discovery deadline for claim construction issues is August 13' 2009.

Plaintiffs and Defendant have agreed that each party will identiff any expert witnesses

expected to offer claim construction opinions in the Joint Statement due on July 13,2009, but that they need not include a sunmary of each opinion to be offered by such experts atthattime. Rather,

Plaintiffs and Defendant have agreed that each party will serve declarations setting forth each
expert's claim construction opinions concurrently with their respective initial Markman Briefs and
Supporting Evidence under the existing schedule (August 24,2009 for Plaintiffs, and September 7,

2009 for Defendant). Plaintiffs and Defendant have further agreed that expert depositions
concerning claim construction declarations may be conducted after August 13,2009 as long as they

lt67 .00003t431322.t

Dockets.Justia.com

are completed by September 14r2009, and respectfully request this Court permit this scheduling

modif,rcation.

3. 4.

The current deadline for the parties to exchange rebuttal expert witness reports is

December 7,2009. Plaintiffs and Defendant have agreed to a nine day extension to serve rebuttal expert

witness reports and respectfully request that this Court extend the deadline to serve these reports to

December 16,2009.

5. 6. 7.

The current discovery deadline is January 5' 2010.

Plaintiffs and Defendant have agreed to a ten day extension to the discovery deadline

and respectfully request this Court extend the discovery deadline to January 15' 2010.

Plaintiffs and Defendant seek these extensions of time not for delay but for good

cause and that justice may be served.

WHEREFORE, Plaintiffs and Defendant request that the Court:

(i)

permit the parties to identify any expert witnesses expected to offer claim

construction opinions in their July 13,2009 Joint Statement without including a summary of each opinion to be offered by such experts at that time, and instead require Plaintiffs and Defendant to
serve declarations setting forth each expert's claim construction opinions concurrently with each

party's respective initial Markman Brief and Supporting Evidence (August 24,2009 for Plaintiffs,

and September 7, 2009 for Defendant), and permit the parties to conduct expert depositions
concerning claim construction declarations after August 13,2009 as long as they are completed by September T4,2009;

(iÐ
16,2009; and

extend the deadline for serving rebuttal expertwitness reports until December

(iii)

extend the discovery deadline until January 15, 2010.

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Dated: May 1,2009

Respectfully submitted,

By:/s/ Douglas M. Hall Raymond P. Niro Joseph N. Hosteny Arthur A. Gasey
Paul C. Gibbons Douglas M. Hall David J. Mahalek NrRo, ScnvoNe, Hnu.ER & Nlno 181 'West Madison, Suite 4600 Chicago, Illinois 60602 Telephone: [phone] Facsimile: [phone]

T. John V/ard W¡,no & Str¿rrs 111 V/. Tyler St. Longview, Texas 75601 Telephone: [phone] Toll Free [phone] Facsimile: (903) 7 57 -2323 Eric M. Albritton [e-mail] Attorney atLaw P.O. Box2649 Longview, TX75606 Telephone: [phone] Facisimile: [phone]

ArronNBvs FoR Pl,ullrtrrs AND CouNrnn-Clatvl DnrnNo¿,irrs IP INxovarroN L.L.C. ¿,Nn TncnNor,ocy LICENSING CoRPoRATIoN

n67 .00003/43t322.1

Dated: }i4ay 1,2009

Respectfully submitted, By: /s/ David J. Beck David J. Beck Texas Bar No. 00000070 [e-mail] Michael E. Richardson Texas Bar No. 24002838 mrichardson@brsfi rm. com Becr, RBoopN & SPcnssr, L.L.P. One Houston Center 1221,McKinney St., Suite 4500 Houston, TX. 77010 (713) est-3700 (713) 9sI-3720 (Fax) Mark G. Matuschak (admitte_{ pro hac uice)
WrLtr¡pn

CurlpRPlcreRrucHele

AND DoRR

LLP

60 State Street Boston, MA 02109 (617) s26-6000 (6t7) s26-s000 (Fax)

(admittedpro hac vic.e), J_oh M, Hjntz Victor F. Souto (admittedpro hac vice) Ross E. Firsenbaum (admiuedpro hac uice) WrlvreR CurleR PtcrezuNc Hele nNo Donn LLP 399 Park Avenue

l2ir2)2ï3!0-'8ì'8'8 (Fax) i ä f '8 i (

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Elizabeth Rogers Brannen (admittedpro hac vice) Anna T. L_ee (admittedpro hoc vice) Wu.veR Cuu-pRPlcKeRnlcHaI-E eN¡ Donn LLP 1117 California Avenue e4304

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[phone] (Fax)

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CERTIFICATE OF SERVICE
The undersigned hereby certifies that the foregoing document was filed electronically in compliance with Local Rule CV-S(a). As such, this motion was served on all counsel who have consented to electronic service. Local Rule CV-5(a)(3)(a).

/s/ Michael E. Richardson Michael E. Richardson

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