Mirror Worlds, LLC v. Apple, Inc.

Filing 390

RESPONSE in Opposition re 389 MOTION to Strike the Untimely Supplemental Expert Rebuttal Report of John Levy, Ph.D. Regarding Validity and To Preclude Dr. Levy from Testifying at Trial About His New Opinions filed by Mirror Worlds, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Alexander Solo, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Solo, Alexander)

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Mirror Worlds, LLC v. Apple, Inc. Doc. 390 Att. 6 Dockets.Justia.com 1 2 3 4 -vs5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 APPLE, INC. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC ) ) ) ) ) ) ) DOCKET NO. 6:08cv88 Tyler, Texas 9:00 a.m. August 26, 2010 TRANSCRIPT OF PRETRIAL HEARING BEFORE THE HONORABLE LEONARD DAVIS, UNITED STATES DISTRICT JUDGE APPEARANCES FOR THE PLAINTIFF: MR. KENNETH L. STEIN MR. IAN DIBERNARDO STROOCK & STROOCK 180 Maiden Lane New York, NY 10038-4982 MR. OTIS CARROLL MS. DEBORAH RACE IRELAND, CARROLL & KELLEY 6101 S. Broadway; Ste. 500 Tyler, Texas 75703 COURT REPORTER: 20 21 22 23 24 25 MS. SHEA SLOAN 211 West Ferguson Tyler, Texas 75702 Proceedings taken by Machine Stenotype; transcript was produced by a Computer. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. S. CHRISTIAN PLATT PAUL HASTINGS 4747 Executive Dr., 12th Floor San Diego, CA 92121 MR. ALLAN M. SOOBERT PAUL HASTINGS 875 15th St., NW Washington, DC 20005 FOR THE DEFENDANTS: MR. JEFF G. RANDALL PAUL HASTINGS 1117 S. California Ave. Palo Alto, CA 94304-1106 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Any further motions? Y'all get together on your motions in limine, and I will -- any that would have to be resolved prior to jury selection, I will take up the morning before jury selection. What about Apple's motion to limit the number of claims asserted? Are we going to get this thing boiled down to something manageable? MR. STEIN: THE COURT: We -It just seems like the plaintiff is Are you really shot-gunning this thing at this point, to me. going to be able to get it focused down? MR. STEIN: We have narrowed the claims down and On our side they have -- have given Apple a reduced set. THE COURT: MR. STEIN: If you would, you might want to stand. I'm sorry. On our side they have -- I don't know how many dozens of prior art references to try -THE COURT: references down? MR. RANDALL: Your Honor, if they would -- yes, the Are you going to get your prior art answer is if they limit their claims, we limit our prior art reference and we will know what we are shooting at. THE COURT: Y'all meet and confer. Submit me a stipulation as to what you have limited it to by noon on Monday. All right. Okay. Once I get those, I will enter an 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recess. order regarding trial times, and I would encourage both sides to really work hard at limiting that. of everywhere, it seems to me. We will -- jury selection is on the 7th with trial to begin on the 20th. But I had three cases, one of them The This case is just kind has -- they decided to just appeal, so it has gone away. other one will be ahead of y'all, the SHURflo case. a lower number. So it is I am having a pretrial on it on next Tuesday. I will have a better idea on it, so that is all I can tell you regarding times right now. MR. RANDALL: MR. CARROLL: Thank you, Your Honor. Will they -- I am in that one, too, so will the SHURflo case get the jury first -THE COURT: That is my thinking, but I am not going to commit myself to that until after I have their pretrial and sort of see which case -MR. CARROLL: I'm going to ask the question you know is coming, can we get the list before the 7th? THE COURT: Okay. No. Anything further? No, Your Honor, thank you. All right. Very well. We will be in MR. RANDALL: THE COURT: Oh, I forgot to ask y'all. Be seated. Where are you on mediation with this case? 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /s/ Shea Sloan SHEA SLOAN, CSR, RPR OFFICIAL COURT REPORTER STATE OF TEXAS NO. 3081 I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. CERTIFICATION MR. RANDALL: Your Honor, we met with Mr. Patterson, Then we met with him about a while back we met with him. three weeks ago or so. night as well. And then he just contacted me last So we are in contact with him. to stay on top of it. He says he is going And We are miles apart on that issue. I think he is going to make all efforts he can make, but there are parties still a long ways apart. MR. CARROLL: court today, Your Honor. THE COURT: I would encourage y'all to make your I owe him a call after we get out of best efforts to get this resolved. MR. CARROLL: Thank you, Your Honor. (Hearing concluded.)

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