Rockstar Consortium US LP et al v. Google Inc

Filing 170

Unopposed MOTION for Hearing re 117 MOTION to Strike Defendant Google Inc.'s Deficient Obviousness Disclosure Under Patent Rule 3-3(B) by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Text of Proposed Order)(Blackburn, Shawn)

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

ROCKSTAR CONSORTIUM US LP
AND NETSTAR TECHNOLOGIES
LLC,
Plaintiffs,

Civil Action No. 2:13-cv-893

v.
GOOGLE INC.,

JURY TRIAL DEMANDED

Defendant.

PLAINTIFFS’ UNOPPOSED MOTION FOR HEARING ON ITS MOTION TO STRIKE
GOOGLE’S INVALIDITY CONTENTIONS (DKT. 117)
On September 25, 2014, the Court set following motions for hearing on October 9, 2014.
(Dkt. 166):
•

(Dkt. 105) MOTION for the Court to Enter its [Model] Order Focusing Patent Claims and
Prior Art to Reduce Costs, to Limit the Number of Asserted Claims, and to Extend the
Deadline for the Parties to Comply with P.R. 4-2;

•

(Dkt. 122) MOTION to Strike Plaintiffs' Patent Rule 3-1 Infringement Contentions;

•

(Dkt. 126) MOTION to Compel Discovery;

•

(Dkt. 136) MOTION to Compel Complete Responses to Interrogatory Nos. 1, 7, 10, 11 and
13;

•

(Dkt. 150) MOTION for Protective Order Regarding Privileged and Confidential Nortel
Documents (rescheduled from previous hearing as set forth in Dkt. 154); and

•

(Dkt. 152) MOTION for Protective Order (rescheduled from previous hearing as set forth in
Dkt. 155).

Plaintiffs hereby respectfully moves pursuant to Local Rule CV-7(g) to additionally set
the following motion for hearing on October 9:
•

(Dkt. 117) PLAINTIFFS’ MOTION to Strike Defendant Google Inc.’s Deficient
Obviousness Disclosure Under Patent Rule 3-3(B).
This motion is ripe for decision as briefing was completed on September 4, 2014.

Expedient resolution of this motion will serve the interests of judicial economy and justice,
including for the reasons set forth in Plaintiffs’ briefing on this motion. Moreover, this is the only
ripe motion pending before the Court that has not yet been set for hearing on October 9th. Google
has indicated that is does not oppose this motion. Accordingly, Plaintiffs request that their
motion be granted.

DATED: September 25, 2014

Respectfully submitted,
By: /s/ Shawn Blackburn
Max L. Tribble, Jr. – Lead Counsel
State Bar No. 20213950
Alexander L. Kaplan, State Bar No. 24046185
John P. Lahad, State Bar No. 24068095
Shawn Blackburn, State Bar No. 24089989
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Justin A. Nelson, State Bar No. 24034766
Parker C. Folse, III, WA State Bar No. 24895
SUSMAN GODFREY L.L.P.
1201 Third Ave, Suite 3800
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Amanda K. Bonn, CA State Bar No. 270891
Meng Xi, CA State Bar No. 280099
SUSMAN GODFREY L.L.P.
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067-6029
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
T. John Ward, Jr., State Bar No. 00794818
Claire Abernathy Henry, State Bar No. 24053063
WARD & SMITH LAW FIRM
P.O. Box 1231
Longview, TX 75606-1231
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
S. Calvin Capshaw, State Bar No. 03783900
Elizabeth L. DeRieux, State Bar No. 05770585
D. Jeffrey Rambin, State Bar No. 00791478
CAPSHAW DERIEUX, LLP
114 E. Commerce Ave.
Gladewater, TX 75647
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Rockstar Consortium US LP and
NetStar Technologies LLC

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CERTIFICATE OF CONFERENCE
I hereby certify that the parties have met and conferred on the 25th day of September, 2013
and counsel for Defendants are unopposed as to the disposition of the matters raised in this motion.

/s/ Shawn Blackburn
Shawn Blackburn

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to
electronic service are being served this 25th day of September, 2013 with a copy of this
document via the Court’s CM/ECF system per Local Rule CD-5(a)(3).

/s/ Shawn Blackburn
Shawn Blackburn

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