Rockstar Consortium US LP et al v. Google Inc

Filing 189

Unopposed MOTION to Expedite Consideration of Google's Objections to the Order Denying Google's Motion To Transfer by Google Inc. (Attachments: # 1 Text of Proposed Order Granting Motion To Expedite)(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-JRG-RSP
JURY TRIAL DEMANDED

GOOGLE’S UNOPPOSED MOTION FOR EXPEDITED CONSIDERATION OF
GOOGLE’S OBJECTIONS TO THE ORDER DENYING ITS MOTION TO TRANSFER

Google respectfully requests that the Court expedite consideration of Google’s
Objections to the Memorandum Order denying Google’s Motion to Transfer to the Northern
District of California (Dkt. 165), filed contemporaneously herewith.
Time is of the essence because this case has already advanced significantly since Google
filed its original motion. Rockstar filed its complaint for patent infringement on October 31,
2013. (Dkt. 1.) Google promptly moved to transfer on January 10, 2014, the same day that it
answered Rockstar’s complaint. (Dkt. 18; Dkt. 20.) On September 23, 2014, Magistrate Payne
issued a Memorandum Order denying transfer. In the interim, on May 13, 2014, the Court
entered a Docket Control Order setting case deadlines on an expedited schedule under which the
parties have already served infringement contentions and invalidity contentions, the September
16, 2014 deadline to substantially complete document production has passed, the Markman
hearing is set for October 28, summary judgment letter briefs are due December 22, fact
discovery closes January 7, 2015, and trial is set for June 8, 2015. (Dkt. 68.) Several important
discovery issues are also pending with a hearing set for October 9.1
Given the stage of the case, and the upcoming deadlines under the expedited schedule in
place, expedited consideration of Google’s Objections is critical to preserve Google’s
opportunity to avail itself of the benefit of its requested relief, transfer to the more convenient
forum in the Northern District of California.

Accordingly, Google respectfully asks for

expedited consideration of its Objections, as the Court’s docket allows.

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The following motions are set for hearing on October 9: Google’s Motion for the
Court To Enter Its Model Order Focusing Patent Claims and Prior Art (Dkt. 105); Google’s
Motion To Strike Rockstar’s Infringement Contentions (Dkt. 122); Google’s Motion To Compel
Complete Interrogatory Responses (Dkt. 136); Rockstar’s Motion To Strike Google’s Invalidity
Contentions (Dkt. 117); Rockstar’s Motion To Compel Discovery (Dkt. 126); Nortel’s Motions
for Protective Order (Dkt. 150; Dkt. 152).

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DATED: October 3, 2014

QUINN EMANUEL URQUHART & SULLIVAN, LLP
By

/s/ David 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.

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CERTIFICATE OF CONFERENCE
I hereby certify that the parties met and conferred in writing pursuant to Local Rule CV7(h). On October 3, 2014, counsel for Rockstar (Justin Nelson) stated by email that Rockstar
takes no position on the relief requested and does not oppose the motion.

/s/ David A. Perlson
David A. Perlson

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 October 3, 2014.

/s/ Sam Stake
Sam Stake

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