Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Filing 172

Unopposed MOTION for Leave to Conduct First Mediation on August 11, 2011 re 150 Order by Symantec Corp.. (Attachments: # 1 Text of Proposed Order)(Jones, Michael)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

UNILOC USA, INC. and
UNILOC SINGAPORE PRIVATE LIMITED,

Civil Action No. 6:10-CV-472-LED
JURY TRIAL DEMANDED

Plaintiffs,
v.
NATIONAL INSTRUMENTS CORP. et al.,
Defendants.

SYMANTEC CORPORATION’S UNOPPOSED MOTION FOR
LEAVE TO CONDUCT FIRST MEDIATION ON AUGUST 11, 2011
Pursuant to the Docket Control Order (Dkt. No. 150), Defendant Symantec Corporation
(“Symantec”) files this unopposed motion for leave to conduct its first mediation on August 11,
2011, which is 12 days after the July 30, 2011 deadline set forth in the Docket Control Order.
Symantec has reserved the August 11, 2011 date with Judge Faulkner for its first mediation.
Symantec seeks leave on the grounds that (1) Symantec and its counsel are not available for the
mediation in July on any of the dates on which Uniloc indicated that Judge Faulkner was
available, and (2) Uniloc and Symantec have reached an agreement regarding Symantec’s
disclosure of source code.1

1

In sum, while Uniloc and Symantec disagreed about whether Symantec has sufficiently
disclosed its code by making a secure laptop available for review by outside counsel for Uniloc
at the offices of Symantec’s local counsel as of June 28, 2011 (including whether attendant
conditions of the disclosure are overly restrictive), they have agreed to interim review
procedures, and have also agreed that (a) Uniloc will not be required to amend its Preliminary
Infringement Contentions as to Symantec until 30 days after (1) the entry of a Protective Order,

For the foregoing reasons, Symantec respectfully requests leave to conduct its first
mediation with Uniloc on August 11, 2011.

Dated: July 7, 2011

Respectfully submitted,
/s/ Michael E. Jones
Michael E. Jones
State Bar No. 10929400
POTTER MINTON, P.C.
110 N. College Ave., Suite 500
Tyler, Texas 75702
Tel: [phone]
Fax: [phone]
Email: [e-mail]
LATHAM & WATKINS LLP
Mark A. Flagel
Yury Kapgan
Dale Chang
355 S. Grand Avenue
Los Angeles, CA 90071-1560
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
LATHAM & WATKINS LLP
Dean G. Dunlavey
650 Town Center Drive, 20th Floor
Costa Mesa, CA 92626-1925
Tel: [phone]
Fax: [phone]
[e-mail]

and (2) Symantec’s production/disclosure of source code in accordance with the provisions of
that Protective Order once entered; and (b) Symantec will have the option to amend its invalidity
contentions within 30 days of receipt of Uniloc’s Amended Preliminary Infringement
Contentions. The parties intend to submit unopposed motions to the Court to this effect, as
necessary, although this may be rendered moot should the parties reach a settlement agreement
during mediation. Symantec and Uniloc each reserve all rights in connection with the proper
source code provisions of a Protective Order, should the parties be unable to reach agreement
and instead submit the matter (along with their respective arguments) to the Court.
2

ATTORNEYS FOR DEFENDANT
SYMANTEC CORPORATION

CERTIFICATE OF SERVICE
I hereby certify that all counsel of record who have consented to electronic service and are
being served with a copy of this document via the Court’s CM/ECF system per Local Rule CV5(a)(3) on July 7, 2011. Any other counsel of record will be served by first class U.S. mail on this
same date.
/s/ Michael E. Jones
Michael E. Jones

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