ESN LLC v. Cisco Systems, Inc. et al

Filing 177

Minute Entry for proceedings held before Judge David Folsom: Motion Hearing held on 11/20/2009 re 123 Second MOTION to Compel Response to Cisco's Seventh Interrogatory filed by Cisco Systems, Inc., Cisco-Linksys LLC, 73 SEALED MOTION to Disqualify Counsel and Impose Sanctions on Defendants and Their Counsel for Improperly Offering Financial Incentives in Exchange for Testimony filed by ESN LLC, 124 Second MOTION to Amend/Correct Invalidity Contentions filed by Cisco Systems, Inc., Cisco-Linksys LLC, 71 SEALED MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Cisco Systems, Inc., Cisco-Linksys LLC. (Court Reporter Libby Crawford.) (mrm, )

ESN LLC v. Cisco Systems, Inc. et al

Doc. 177

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION Judge David Folsom ESN LLC )( )( V. )( CIVIL NO. 5:08CV20 )( CISCO SYSTEMS )( ________________________________________________________________________ ATTORNEY FOR PLAINTIFFS: Peter McAndrews; Gerald Willis; Johnny Ward

ATTORNEY FOR DEFENDANTS: Charles Verhoeven; Michael Jones; Kevin Smith; Victoria Maroulis LAW CLERK: COURTROOM DEPUTY: David Keyzer Mel Martin

COURT REPORTER: Libby Crawford _________________________________________________________________________ MOTION HEARING November 20, 2009 @ 10:00 am OPEN: 9:58 ADJOURN: 11:27 _________________________________________________________________________ 9:58 ct opens; ct/ motions set; tone in motions; 9:59 Verhoeven/ argues motion to dismiss;

10:14 McAndrews/ responds; 10:17 ct/ planned business model; 10:17 McAndrews/ responds; 10:26 ct/ position that there was oral modification of the contract; 10:26 McAndrews/ mutual understanding; 10:30 ct/ let's go to the motion to disqualify and for sanctions;

Dockets.Justia.com

10:30 McAndrews/ argues motion to disqualify and for sanctions; 10:31 ct/ facts of this case and U.S. Surgical and don't see any difference; 10:32 McAndrews/ have not read that case; in Ethicon case; 10:32 ct/ same case we are referring to it by different parties; 10:33 McAndrews/ continues with argument; 10:42 Jones/ responds; 10:58 McAndrews/ reply; 11:00 ct/ remaining motions and feel that they might could be decided on the motions, unless ptys have other points they wish to be heard on; 11:01 Willis/ have several points we would like to cover; 11:01 Maroulis/ argues motion to amend invalidity contentions; 11:08 ct/ any serious opposition to this motion; why do you feel they shouldn't be allowed to amend their invalidity contentions; 11:09 Willis/ responds; 11:16 Maroulis/ no reply; 11:17 argues motion to compel; 11:19 Willis/ one more point as to prior motion; 11:20 responds re: motion to compel; 11:24 Maroulis/ reply; 11:25 ct/ are all deposition pages included in the record that relate to the motion to disqualify; 11:26 McAndrews/ you will find a complete record; and if not can we supplement with a complete transcript; 11:26 ct/ will try to have an order out by the end of the year; request to hear additional motions and if motion is not granted we will set those as soon as possible; 11:27 recess;