Rockstar Consortium US LP et al v. Google Inc

Filing 106

Opposed MOTION to Expedite Briefing Schedule on Google's Motion for the Court to Enter its [Model] Order Focusing Patent Claims and Prior Art to Reduce Costs, and to Limit the Number of Asserted Claims, and to Extend the Deadline for the Parties to Comply with P.R. 4-2 by Google Inc. (Attachments: # 1 Text of Proposed Order)(Perlson, David)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES LLC,
Plaintiffs,
v.
GOOGLE INC.
Defendant.

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Civil Action No. 13-cv-00893-RG
JURY TRIAL DEMANDED

GOOGLE INC.’S MOTION FOR EXPEDITED BRIEFING SCHEDULE ON GOOGLE’S
MOTION FOR THE COURT TO ENTER ITS [MODEL] ORDER FOCUSING PATENT
CLAIMS AND PRIOR ART TO REDUCE COSTS, AND TO LIMIT THE NUMBER OF
ASSERTED CLAIMS, AND TO EXTEND THE DEADLINE FOR THE PARTIES TO
COMPLY WITH P.R. 4-2

01980.00010/6094162.1

Defendant Google Inc. (“Google”) moves for an expedited briefing schedule for Google’s
Motion for the Court to Enter Its [Model] Order Focusing Patent Claims and Prior Art to Reduce
Costs, and to Limit the Number of Asserted Claims, and to Extend the Deadline for the Parties to
Comply with P.R. 4-2 (“Motion to Reduce Claims”), filed concurrently herewith. In its Motion
to Reduce Claims, Google requests that the Court enter the Model Order, limit Rockstar to 15
claims per patent and no more than 50 total by July 14, 2014, or as soon thereafter as this matter
can be heard, and to extend the deadline for the parties to comply with P.R. 4-2 to July 18, 2014.
Google proposes that the following expedited schedule be entered for the briefing on Google’s
Motion to Reduce Claims:


Rockstar’s Opposition shall be due on Tuesday, July 8, 2014;



Google’s Reply shall be due on Wednesday, July 9, 2014; and



Rockstar’s Sur-reply shall be due on Thursday, July 10, 2014.

An expedited briefing schedule is warranted here because the parties have imminent
upcoming claim construction deadlines. (Dkt. No. 68.) The parties proposed terms to be
construed pursuant to P.R. 4-1 on June 24. The following deadlines are upcoming:
July 15, 2014

Comply with P.R. 4-2 (Exchange Preliminary Claim Construction)

August 5, 2014

Comply with P.R. 4-3 (Joint Claim Construction Statement)

September 2, 2014

Comply with P.R. 4-4 (Deadline to Complete Claim Construction
Discovery)

(Dkt. No. 68.) Claim construction briefing follows in September 2014. (Id.)
An expedited briefing schedule is necessary because, if Google’s Motion to Reduce
Claims is briefed under the schedule in Local Rule CV-7, it will not be fully briefed until August
11, which is after the July 14 date by which Google proposes Rockstar be ordered to make an
initial reduction in the number of asserted claims, and after the deadline for the parties to comply
01980.00010/6094162.1

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with P.R. 4-2.

Thus, the parties will have already expended resources proposing claim

constructions and providing extrinsic evidence in support thereof, negotiating proposed
constructions, and preparing the joint claim construction statement for the currently asserted 141
claims. As explained in Google’s Motion to Reduce, Google would have brought its motion a
week ago, but believed based on Rockstar’s representations that the parties had resolved the
dispute. This further compressed the timing for resolution of this issue. A quicker resolution of
Google’s Motion to Reduce will benefit both parties given the upcoming deadlines. (Dkt. No.
68.)
Google proposed the above schedule to Rockstar, but Rockstar refused to agree to an
expedited briefing schedule and did not provide an explanation.
For the foregoing reasons, the Court should enter an order granting Google’s proposed
expedited briefing schedule on Google’s Motion to Reduce.

01980.00010/6094162.1

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DATED: July 2, 2014

QUINN EMANUEL URQUHART & SULLIVAN, LLP
By

/s/ David A. Perlson
J. Mark Mann
State Bar No. 12926150
G. Blake Thompson
State Bar No. 24042033
MANN | TINDEL | THOMPSON
300 West Main Street
Henderson, Texas 75652
[phone]
[phone] (fax)
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Charles K. Verhoeven
[e-mail]
David A. Perlson
[e-mail]
50 California Street, 22nd Floor
San Francisco, California 94111-4788
Telephone: [phone]
Facsimile: [phone]
Attorneys for Google Inc.

01980.00010/6094162.1

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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 July 2, 2014.
/s/ Andrea Pallios Roberts
Andrea Pallios Roberts
CERTIFICATE OF CONFERENCE
I hereby certify that the parties have met and conferred telephonically pursuant to Local
Rule CV-7(h) on June 19, 2014, and counsel for Rockstar opposed Google’s request for an
expedited briefing schedule on Google’s Motion for the Court to Enter Its [Model] Order
Focusing Patent Claims and Prior Art to Reduce Costs, and to Limit the Number of Asserted
Claims, and to Extend the Deadline for the Parties to Comply with P.R. 4-2. Participants in the
conference included Justin Nelson, John Lahad, and Elizabeth DeRieux counsel for Rockstar,
and David A. Perlson, Andrea Pallios Roberts, and Lance Yang, on behalf of Google. No
agreement could be reached.

/s/ Andrea Pallios Roberts
Andrea Pallios Roberts

01980.00010/6094162.1

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