Rockstar Consortium US LP et al v. Google Inc

Filing 92

MOTION for Leave to File A Supplemental Brief In Response To Googles Motion To Transfer In Light Of Newly-Acquired Evidence by NetStar Technologies LLC, Rockstar Consortium US LP. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File a Supplemental Brief In Response to Google's Motion to Transfer in Light of Newly-Acquired Evidence, # 2 Supplement Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 3 Affidavit of Amanda Bonn In Support of Plaintiffs' Supplemental Brief In Response to Google's Motion to Transfer, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30)(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’ MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF
IN RESPONSE TO GOOGLE’S MOTION TO TRANSFER
IN LIGHT OF NEWLY-ACQUIRED EVIDENCE

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Plaintiffs Rockstar Consortium US LP and NetStar Technologies LLC (“Plaintiffs”)
respectfully request leave to file a supplemental brief in response to Google Inc.’s (“Google”)
Motion to Transfer in light of newly-acquired evidence. After briefing on Google’s Motion to
Transfer was complete, Google served its Preliminary Invalidity Contentions on May 23, 2014,
and also sent notice of several subpoenas during the month of June 2014 (including eight
subpoenas served just today). See Bonn Decl. Exhs. 1-66. Evidence from these contentions and
subpoenas is relevant to the transfer inquiry and was not available to Plaintiffs at the time their
response to Google’s motion and sur-reply were due.
There is good cause to permit supplementation of Plaintiffs’ response to the transfer
motion, as (1) Plaintiffs could not have submitted such evidence by the original briefing
deadlines, notwithstanding their exercise of reasonable diligence, (2) the evidence is important to
the Court’s resolution of the pending transfer motion, and (3) Google will not be unfairly
prejudiced by the submission of its own Invalidity Contentions and subpoenas in relation to its
pending transfer motion. See S&W Enters., L.L.C. v. South Trust Bank of Alabama, NA, 315 F.3d
533, 535 (5th Cir. 2003) (setting forth good cause standard for modifying scheduling deadlines).
During the meet-and-confer on this motion for leave, Google’s counsel suggested that
submission of this supplemental brief would unduly delay resolution of the transfer motion.
Plaintiffs respectfully submit that far from causing undue delay, consideration of Google’s
Invalidity Contentions and subpoenas instead will aid the Court in resolving the transfer motion.
Accordingly, Plaintiffs request that the Court grant their motion to file a three-page brief,
declaration of Justin Nelson, and supporting exhibits (submitted concurrently herewith) in further
response to Google’s Motion to Transfer.

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1

DATED: June 20, 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 Blackburn, State Bar No.
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
Kristin Malone, WA State Bar No. 46251
SUSMAN GODFREY L.L.P.
1201 Third Ave, Suite 3800
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Amanda K. Bonn, CA State Bar No. 270891
SUSMAN GODFREY L.L.P.
1901 Avenue of the Stars, Suite 950
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
[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

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3

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record, who are deemed to have consented to
electronic service, are being served this 20th day of June, 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 CONFERENCE
I hereby certify that the parties have met and conferred telephonically pursuant to Local
Rule CV-7(h) on the 20th day of June, 2014, and counsel for Defendant are opposed as to the
disposition of the matters raised in this motion. Participants in the conference included Amanda K.
Bonn, counsel for Plaintiffs, and David A. Perlson on behalf of Defendant. No agreement could be
reached, as counsel for Defendant declined to consent to this motion for leave unless Plaintiffs
would consent to staying the case pending the Court’s resolution of the underlying motion to
transfer. As Plaintiffs do not agree to staying the case pending transfer—and do not believe that
their submission of a supplemental brief should be conditioned on a stay pending transfer—
discussions have conclusively ended in an impasse.

/s/ Amanda K. Bonn_____
Amanda K. Bonn

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