Paid Search Engine Tools, LLC v. Google, Inc. et al

Filing 39

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A - Proposed Docket Control Order, # 2 Exhibit B - Proposed Modifications to Discovery Limitations)(DeRieux, Elizabeth)

Paid Search Engine Tools, LLC v. Google, Inc. et al

Doc. 39

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

P AID SEARCH ENGINE TOOLS, LLC, Plaintiff, vs. GOOGLE, INC. and MICROSOFT CORPORATION, Defendants.

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c.A. 2:08-cv-061 (DFICE)

Jury Demanded.

JOINT CONFERENCE REPORT

(1)

This is an action for alleged infringement of United States Patent No. 7,043,450 issued May 9, 2006 and entitled "Paid Search Engine Bid Management." The patent abstract describes the patent being directed to a method and system (information processing system) for overcoming deficiencies and inefficiencies in the paid search engine keyword bidding market by providing keyword bidders with information they need to better optimize their use of paid search engines. The defendants deny infringement and have asserted a number of defenses including invalidity and inequitable conduct. Plaintiff served its P.R. 3-1 preliminary infringement contentions and its P.R. 3-2 disclosures and documents on October 17,2008. Pursuant to the Court's Order dated September 25,2008, counsel for the parties met by telephone on October 13, 2008. The parties were represented as follows: Paid Search Engine Tools, LLC: Elizabeth L. DeRieux Capshaw DeRieux, LLP J. Robert Chambers Wood, Herron & Evans, LLP Gregory M. Utter Jeffrey Sefton Keating, Meuthing & Klekamp PLL

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Dockets.Justia.com

Christopher Bunt Charles Ainsworth Parker, Bunt & Ainsworth, PC Google, Inc.: Nicholas H. Patton Patton Tidwell & Schroeder, LLP David A. Perl son Emily C. O'Brien Quinn Emanuel Urquhart Oliver & Hedges LLP Microsoft Corp.: Brian Craft Ramey & Flock Richard A. Cederoth Laura L. Kolb Sidley Austin LLP (3) The patent in suit is also being asserted against Yahoo! Inc. in Case No. 2:07-cv-403 (TJW) filed September 13, 2007. The expected length of trial is two weeks. The parties do not agree to trial before a magistrate judge. A jury demand has been made. A Proposed Docket Control Order is attached as Exhibit A.

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(8) The parties in this matter have agreed that this case should be consolidated with c.A. 2:07-cv-403 (TJW); Paid Search Engine Tools, LLC v. Yahoo! Inc.; In the United States District Court for the Eastern District of Texas, Marshall Division. The cases involve the same Plaintiff and the same patent. The Yahoo! case is pending before Judge Ward and we understand that Judge Ward recuses himself from cases where Microsoft is a party thereby preventing transfer of this case to Judge Ward. The parties thus propose to consolidate the Yahoo! case with this case and follow the schedule adopted by Judge Folsom for this case. If, for any reason, the Yahoo! case is not consolidated with this case, the parties agree that the Final Pretrial and Trial in this case should be in March 2011 as opposed to October 2010, but only if all other dates on the attached schedule remain as set forth in the attached. Counsel for Plaintiff has called counsel for Yahoo! to propose this consolidation, but does not yet know if Yahoo! agrees to this proposal.

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(9)

Proposed modifications of the limits on discovery set forth in the September 25, 2008 Order is attached as Exhibit B. The parties propose to jointly submit a proposed Protective Order to the Court. The parties do not believe that the appointment of a Technical Advisor or Special Master is needed. Nine claims are asserted against Google. Eight claims are asserted against Microsoft. The parties do not believe that early mediation will be fruitful. The parties wish to revisit mediation after at least some discovery has taken place. Counsel are cognizant of the Local Rules pertaining to attorney misconduct. Respectfully submitted, By:

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Dated: October 24, 2008

lsi Elizabeth L. DeRieux
S. Calvin Capshaw State Bar No. 03783900 Email: [e-mail] Elizabeth L. DeRieux State Bar No. 05770585 Email: [e-mail] N. Claire Abernathy State Bar No. 24053063 Email: [e-mail] Capshaw DeRieux, LLP 1127 Judson Road, Suite 220 Longview, TX 75601 Telephone: [phone] Facsimile: [phone]

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Robert M. Parker State Bar No. 15498000 Email: [e-mail] Robert Christopher Bunt State Bar No. 00787165 Email: [e-mail] Charles Ainsworth State Bar No. 00783521 Email: [e-mail] Parker, Bunt & Ainsworth, P.C. 100 East Ferguson, Suite 1114 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] J. Robert Chambers (Admitted pro hac vice) Email: [e-mail] Wood, Herron & Evans, L.L.P. 2700 Carew Tower 441 Vine Street Cincinnati, Ohio 45202-2917 Telephone: [phone] Facsimile: [phone] Gregory M. Utter (Admitted pro hac vice) Email: [e-mail] W. Jeffrey Sefton (Admitted pro hac vice) Email: [e-mail] Keating, Muething & Klekamp, PLL One East Fourth Street, Suite 1400 Cincinnati, Ohio 45202 Telephone: [phone] Facsimile: [phone]

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Of Counsel: P. Andrew Blatt Email: [e-mail] John Paul Davis Email: [e-mail] Brett A. Schatz Email: [e-mail] Wood, Heron & Evans, L.L.P. 2700 Carew Tower 441 Vine Street Cincinnati, Ohio 45202-2917 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR PLAINTIFF, PAID SEARCH ENGINE TOOLS, LLC By: lsi Nicholas H. Patton (signed with permission by N. Claire Abernathy) Nicholas H. Patton State Bar No. 15631000 Patton, Tidwell & Schroeder, LLP 4605 Texas Boulevard P.O. Box 5398 Texarkana, Texas 75505-5398 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven (Admitted pro hac vice) David A. Perl son (Admitted pro hac vice) Antonio R. Sistos (Admitted pro hac vice) Emily C. O'Brien (Admitted pro hac vice) Quinn Emanuel Urquhart Oliver & Hedges, LLP 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANT GOOGLE, INC.

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By: lsi Eric H. Findlay (signed with permission by N. Claire Abernathy) Eric H. Findlay State Bar No. 00789886 Ramey & Flock, P.C. 100 E. Ferguson, Suite 500 Tyler, Texas 75702 Telephone: [phone] Facsimile: [phone] David T. Pritikin (Admitted pro hac vice) Richard A. Cederoth (Admitted pro hac vice) Laura L. Kolb (Admitted pro hac vice) Sidley Austin LLP One South Dearborn Avenue Chicago, Illinois 60603 Telephone: [phone] Facsimile: [phone] ATTORNEYS FOR DEFENDANT MICROSOFT CORPORATION

CERTIFICATE OF SERVICE I hereby certify that all counsel of record who are deemed to have consented to electronic service are being served this 24th day of October, 2008, 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 andlor first class mail on this same date.

lsi Elizabeth L. DeRieux
Elizabeth L. DeRieux

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