EMG Technology, LLC v. Apple, Inc.

Filing 206

RESPONSE in Opposition re 199 MOTION to Vacate 100 Order, 99 Order The Deadlines In The Docket Control And Discovery Orders And For A Case Management Conference MOTION to Vacate 100 Order, 99 Order The Deadlines In The Docket Control And Discovery Orders And For A Case Management Conference filed by EMG Technology, LLC. (Attachments: # 1 Affidavit Hansen, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Ainsworth, Charles)

EMG Technology, LLC v. Apple, Inc.

Doc. 206 Att. 6

Exhibit E to the Declaration Of Shawn G. Hansen In Support Of Plaintiff EMG Technology, LLC's Response In Opposition To Apple Inc.'s Motion To Vacate The Deadlines In The Docket Control And Discovery Orders And For A Case Management Conference

Dockets.Justia.com

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Hansen, Shawn
From: Sent: To: Cc: John Lane [[e-mail]] Friday, December 18, 2009 7:45 AM Hansen, Shawn Garland Stephens; David Healey

Subject: RE: EMG v. Apple - Protective Order

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John, I understand from your messages today that Apple is refusing to comply with P.R. 3-4 due to the absence of a protective order. As I indicated in my message to you, Apple's purported excuse for refusing to comply with the Patent Rules is not valid because P.R. 2-2 provides sufficient confidentiality protection for the disclosures required under the Patent Rules. EMG's position regarding the prosecution bar is set forth in EMG's proposal of November 20, 2009, to which your response is attached and discussed in the below thread. EMG's position on this issue is based directly on Judge Davis' Memorandum Opinion and Order dated May 11, 2009, in Hyundai v. Clear With Computers, EDTX Case No. 6:08-cv-00302, and Judge Love's Memorandum Opinion and Order dated June 22, 2009, in Document Generation Corporation v. AllScripts, EDTX Case No. 6:08-cv-479. I previously sent you copies of these cases; additional copies are attached here for your convenience. As Judge Love explained in Document Generation Corporation, "When parties to an action agree on entry of a protective order but differ on the order's terms, the party seeking to limit discovery bears the burden of demonstrating that 'good cause' exists for the protection of that information." See p. 3. Thus, the burden is on Apple to show good cause for the prosecution bar restrictions it seeks. Accordingly, the burden is on Apple to file a motion for entry of the protective order before the deadline for its production under P.R. 3-4 passes. Regards, Shawn

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John, Please find attached a Word document reflecting EMG's proposed changes to the form of Protective Order you forwarded on November 6, 2009. Also attached is a PDF reflecting the changes in redline form. Please let me know whether Apple accepts EMG's proposed changes. Thank you, Shawn G. Hansen Partner manatt | phelps | phillips 1001 Page Mill Road, Building 2 Palo Alto, CA 94304 650.812.1367 - direct 650.812.1300 - main 650.814.1607 - mobile [phone] - direct fax Albany | Los Angeles | New York | Orange County | Palo Alto | Sacramento | San Francisco | Washington, D.C. Click here to see my profile Please conserve resources by not printing this email unnecessarily. CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. The information herein may also be protected by the Electronic Communications Privacy Act, 18 USC Sections 2510-2521. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us by reply e-mail or by telephone at [phone], and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

12/30/2009

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IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by recently issued treasury regulations, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written by us, and cannot be used by you, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another person any transaction or matter addressed herein. For information about this legend, go to http://www.manatt.com/circ230

12/30/2009