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

Filing 280

Minute Entry for proceedings held before Judge Leonard Davis: Markman & Motion Hearing held on 10/19/2011 re 243 Opposed MOTION for Leave to Construe Previously Construed Term filed by Pervasive Software, Inc. (Court Reporter Shea Sloan.) (Attachments: # 1 Attorney Sign-In Sheets) (rlf, )

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

DATE: October 19, 2011
JUDGE
LEONARD DAVIS

COURT REPORTER:
Shea Sloan

LAW CLERKS: Eman Sojoodi

NOTE: 7 CASES ARE INCLUDED IN THESE MINUTES
UNILOC, USA

CIVIL ACTION NO: 6:10-CV-373 - CASE NO. 1

vs.
M ARKM AN & M OTION HRG
SONY, ET AL

UNILOC, USA
CIVIL ACTION NO: 6:10-CV-471 - CASE NO. 2
vs.
M ARKM AN & M OTION HRG
DISK DOCTORS, ET AL

UNILOC, USA
CIVIL ACTION NO: 6:10-CV-472 - CASE NO. 3
vs.
M ARKM AN & M OTION HRG
NATIONAL INSTRUM ENTS, ET AL

UNILOC, USA
CIVIL ACTION NO: 6:10-CV-591 - CASE NO. 4
vs.
M ARKM AN & M OTION HRG
ENGRASP, ET AL

UNILOC, USA
CIVIL ACTION NO: 6:10-CV-636 - CASE NO. 5
vs.
M ARKM AN & M OTION HRG
BM C SOFTW ARE, ET AL

UNILOC, USA
CIVIL ACTION NO: 6:10-CV-691 - CASE NO. 6
vs.
M ARKM AN & M OTION HRG
FOXIT CORPORATION, ET AL

DAVID J. MALAND, CLERK
BY: Rosa L. Ferguson, Courtroom Deputy

PAGE 2 - Proceedings Continued

SYM ANTEC CORPORATION
CIVIL ACTION NO: 6:11-CV-33 - CASE NO. 7
vs.
STATUS CONFERENCE
UNILOC, USA

SEE ATTACHED SIGN-IN SHEETS FOR APPEARANCES
On this day, came the parties by their attorneys and the following proceedings were had:
OPEN:

9:05 AM

ADJOURN: 11:20 AM

TIME:

MINUTES:

9:05 am

Case called. Parties announced ready. Ms. DeRieux addressed the Court and announced on
behalf of Autodesk and Intego and advised that the Intego and Uniloc had resolved their
issues. Mr. Hill concurred and the motion pending before the Court in this case is no longer
at issue.
Parties continued to announce ready. (See sign-in sheets)
Court addressed the parties to open a brief opening statement. Court inquired who would
be presenting for the Defendants. Mr. Flagel responded.
Mr. Hill presented an opening statement to the Court. Court asked for comments on the
track the Court set this case on and invited the Defendants to also make comments. Mr. Will
responded.
Ms. Mewes addressed the Court on the mediation process. Mr. Flagel responded as to the
Court’s process. Mr. Jones responded. Mr. Erickson responded. Mr. Hill responded. Court
and parties continued to discuss. Court asked Mr. Hill to provide the Court an in camera list
of settlements.
Court inquired as to the recent Patent act and how the filings and the prospect of multidefendant cases filed in one district is. Mr. Hill responded.
Mr. Bumgardner presented a brief opening statement and gave a brief overview of the
patents at issue, ’216. Ms. Mewes responded.
Court will begin with the first term, “Permits use of said Digital Data ... only if ... has
Matched.”
Mr. Bumgardner presented term, “Permits use of said Digital Data ... only if ... has
Matched.”
Ms. Mewes responded. Mr. Bumgardner replied.
Mr. Bumgardner presented the First Disclaimer issue. Mr. Flagel responded. Mr.
Bumgardner replied.
Court inquired as to the Second Disclaimer argument. Mr. Bumgardner presented the
Second Disclaimer issue. Mr. Erickson responded. Mr. Bumgardner replied.

PAGE 3 - Proceedings Continued
TIME:

MINUTES:
Court addressed the parties on pending Motions.
Court understands that Motion to Compel, Docket No. 203 in Case No. 610cv471 is no
longer at issue and Court denied as moot.
Court addressed the parties on Motion on Protective Order, Docket No. 200 & 201 in
Case No. 610cv472. Parties responded that it is no longer an issue. With regard to
protective order motion, Court denied as moot.
Mr. Huston presented Pervasive’s Motion to Construe Term, “Licensee Unique ID,”
Docket No. 243 in Case No. 610cv472. Mr. Flagel briefly addressed the Court. Mr. Huston
continued with his presentation of the motion.
Ms. Olin responded.
Court will move on
Mr. Lujin presented Defendant’s Motion to Strike Amended Infringement Contentions,
Docket No. 175 in Case no. 610cv373.
Mr. Hill responded. Mr. Lujin replied.
Court will get the parties rulings as quickly as it can. Court addressed the parties on a
provisional order on the terms.
Mr. Hill addressed the Court on the DCO and the provisional order. Court would trigger it
on the provisional order.

11:20 am

There being nothing further, Court adjourned.