Software Rights Archive, LLC v. Google Inc. et al

Filing 236

MOTION for Hearing re 130 SEALED MOTION Defendants' Motion to Transfer Pursuant to 28 U.S.C. 1404(a) SEALED MOTION Defendants' Motion to Transfer Pursuant to 28 U.S.C. 1404(a) SEALED MOTION Defendants' Motion to Transfer Pursuant to 28 U.S.C. 1404(a) by Yahoo! Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Jones, Michael)

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Case 2:07-cv-00511-CE Document 236 Filed 03/09/10 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SOFTWARE RIGHTS ARCHIVE, LLC v. GOOGLE INC., YAHOO! INC., IAC SEARCH & MEDIA, INC., AOL, LLC, AND LYCOS, INC. DEFENDANT YAHOO! INC.'S MOTION FOR HEARING ON MOTION TO TRANSFER AND IN THE ALTERNATIVE FOR CONTINUANCE OF CLAIM CONSTRUCTION DEADLINES Defendant Yahoo! Inc. ("Yahoo!") hereby respectfully moves (1) for a hearing on Defendants' Motion to Transfer Pursuant to 28 U.S.C. § 1404(a), filed February 20, 2009 (Docket No.130); and (2) alternatively for a continuance of the upcoming claim constructionrelated deadlines. Yahoo! seeks the requested relief solely in light of the Federal Circuit's directive that parties actively pursue resolution of their motion to transfer, "before the district court invest[s] considerable time and attention on discovery and completing claim construction." See In re VTech Communs., Inc., Misc. Docket No. 909, 2010 U.S. App. LEXIS 372, at *6 (Fed. Cir. Jan. 6, 2010), attached hereto as Exhibit "A". Defendants filed their motion to transfer on February 20, 2009. (Docket No. 130.) The parties completed initial briefing on the motion on May 29, 2009. (Docket No. 148.) Plaintiff SRA and Defendant Google Inc. subsequently filed supplemental briefs in November 2009 (Docket Nos. 173-175 and 177) and December 2009 (Docket Nos. 191 and 201). Claim construction is set to commence on April 30, 2010, when the parties exchange proposed terms 1 Civil Case No. 2:07-cv-511 (CE) sf-2805121 Case 2:07-cv-00511-CE Document 236 Filed 03/09/10 Page 2 of 4 pursuant to P.R. 4-1. (See Docket Control Order, Docket No. 84.) Claim construction briefing commences August 6, 2010, followed by the claim construction hearing, currently set for November 10, 2010. (Id.) In the event that the Court declines to grant a hearing or otherwise rule on Defendants' motion to transfer prior to April 30, 2010, Yahoo! alternatively proposes that the claim construction-related deadlines be extended according to the following chart: EVENT Comply with P.R. 4-1. Comply with P.R. 4-2. Comply with P.R. 4-3. Discovery deadline- claims construction issues Comply with P.R. 4-5(a). Comply with P.R. 4-5(b). Comply with P.R. 4-5(c). Comply with P.R. 4-5(d). Claim construction hearing 9:00 a.m., Marshall, Texas CURRENT DEADLINE April 30, 2010 May 28, 2010 June 25, 2010 July 16, 2010 August 6, 2010 September 10, 2010 October 8, 2010 October 29, 2010 November 10, 2010 EXTENDED DEADLINE May 28, 2010 June 25, 2010 July 23, 2010 August 13, 2010 September 3, 2010 October 8, 2010 November 5, 2010 December 3, 2010 A date in December 2010 or as soon thereafter as is convenient for the Court. sf-2805121 2 Case 2:07-cv-00511-CE Document 236 Filed 03/09/10 Page 3 of 4 Dated: March 9, 2010 Respectfully submitted, By: /s/ Richard S.J. Hung, with permission by Michael E. Jones Michael A. Jacobs (CA Bar No. 111664) Richard S. J. Hung (CA Bar No. 197425) MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105 Telephone: 415-268-7000 Facsimile: 415-268-7522 Email: mjacobs@mofo.com Email: rhung@mofo.com Michael E. Jones Texas Bar No. 10929400 Potter Minton, A Professional Corporation 110 North College, Suite 500 Tyler, Texas 75702 Telephone: (903) 597-8311 Facsimile: (903) 593-0846 Email: mikejones@potterminton.com Attorneys for Defendant YAHOO! INC. CERTIFICATE OF CONFERENCE I hereby certify that counsel for Yahoo! conferred with counsel for Plaintiff Software Rights Archive, Inc. ("SRA") regarding the relief requested herein. Counsel for SRA stated that SRA does not join in the request for an oral hearing on the motion to transfer. However, in the event the Court is inclined to hold such a hearing, counsel for SRA states that SRA will participate in the hearing. Counsel for SRA also stated that SRA opposes the alternative extension of the claim construction-related deadlines. Accordingly, this motion is presented to the Court for determination. /s/ _ Richard S.J. Hung, with permission by Michael E. Jones____ sf-2805121 3 Case 2:07-cv-00511-CE Document 236 Filed 03/09/10 Page 4 of 4 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) on March 9, 2010. Any other counsel of record will be served by First Class U.S. mail on this same date. /s/ Michael E. Jones sf-2805121 4

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