Rockstar Consortium US LP et al v. Google Inc

Filing 176

RESPONSE to Motion re 150 MOTION for Protective Order Regarding Privileged and Confidential Nortel Documents, 152 MOTION for Protective Order filed by Rockstar Consortium US LP. (Bonn, Amanda)

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

Case No. 2:13-cv-00893-JRG-RSP

v.
GOOGLE INC.,

JURY TRIAL DEMANDED

Defendant.

PLAINTIFFS’ RESPONSE TO MOTIONS FOR PROTECTIVE ORDER
UNDER FEDERAL RULES OF CIVIL PROCEDURE 26(c) AND 45(d)(3)
REGARDING PRIVILEGED AND CONFIDENTIAL NORTEL DOCUMENTS
FILED BY THE NON-PARTY NORTEL ENTITIES

3341230v1/013149

Plaintiffs do not oppose the motions for a protective order to protect privileged and
confidential Nortel documents filed by non-parties Nortel Networks Corporation, Nortel Networks
Limited, and Nortel Networks Inc. (collectively, “Nortel”).
As set forth in the Nortel motions, Plaintiffs are in possession of certain Nortel laptops that
were acquired following the Nortel auction of its patent portfolio. In early August 2014, Plaintiffs
notified Nortel that they were in possession of such laptops, that they had not deleted material from
such laptops due to litigation hold and document preservation concerns, and that they had an
obligation to produce relevant and responsive documents. The parties thereafter continued to meetand-confer regarding the appropriate method for handling review and any production of such
documents. On August 29, 2014, Google requested that Plaintiffs run certain search terms against the
email of former Nortel employees. Plaintiffs continued to meet-and-confer with Nortel regarding how
to comply with Plaintiffs’ discovery obligations while protecting Nortel’s privilege concerns.
Plaintiffs have reviewed and produced documents from certain Nortel laptops (those belonging
to Messrs. Krishnan and Vella) that hit on search terms specific to the patents-in-suit. In addition, to
the extent that relevant custodians who are former Nortel employees moved “transferred items” from
their Nortel laptops to their Rockstar computers, Plaintiffs have searched such non-email ESI on the
Rockstar computers.1 Plaintiffs do not oppose Nortel’s request that the Court establish an appropriate
procedure for review and production of additional Nortel laptop data—one that balances Nortel’s
privilege concerns with the parties’ discovery obligations and need to identify relevant documents.2

1

The parties have separately served email requests pursuant to the ESI Order and continue to meetand-confer on that issue. To the extent “transferred items” are emails that have been moved to
Rockstar computers, they will be subject to search pending the parties’ meet-and-confer efforts.
2

Plaintiffs reserve their rights regarding any request for costs that Nortel might make. Dkt. 150 at
n.1.
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1

DATED: September 26, 2014

Respectfully submitted,
By:

/s/ Amanda K. Bonn
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 D. 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]
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]

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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

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to electronic
service are being served this 26th day of September, 2014 with a copy of this document via the
Court’s CM/ECF system per Local Rule CD-5(a)(3).
/s/ Amanda K. Bonn
Amanda K. Bonn

CERTIFICATE OF AUTHORIZATION TO FILE UNDER SEAL
I hereby certify that the foregoing memorandum and supporting documents should be filed
under seal because they contain material covered by the Protective Order entered in this case on June
19, 2014 (Dkt. No. 90).
/s/ Amanda K. Bonn
Amanda K. Bonn

3341230v1/013149

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