WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 333

Minute Entry for proceedings held before Judge Leonard Davis: Motion Hearing held on 2/26/2013 re 275 SEALED MOTION for Leave to Supplement the Ericsson and Sony Mobile Defendants' Summary-Judgment Briefing, 305 SEALED MOTION for Clarification of the Construction of a Single Term in the Court's Claim-Construction Order, 288 MOTION to Strike 277 MOTION for Leave to File Two Letter Briefs Requesting Permission to File Certain Motions and Request to Strike Defendants Letter Briefs filed under Dkt. 280 and 287 MOTION to Strike 277 MOTION for Leave to File Two Letter Briefs Requesting Permission to File Certain Motions and Request to Strike Defendants Letter Briefs filed under Dkt. 280 and 287 240 SEALED PATENT MOTION TO COMPEL PRODUCTION OF INTERNAL COMMUNICATIONS AND DOCUMENTS WITHHELD BY WI-LAN, INC. ON THE GROUND OF ATTORNEY-CLIENT PRIVILEGE, 277 MOTION for Leave to File Two Letter Briefs Requesting Permission to File Certain Motions, 306 MOTION to Sever and Memorandum In Support, 255 SEALED MOTION to Compel. (Court Reporter Shea Sloan.) (Attachments: # 1 Sign in Sheet) (cwk)

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

February 26, 2013

LEONARD DAVIS
Judge Presiding
Law Clerk: Josue Caballero
Chief Staff Attorney: Nicole Mitchell

Court Reporter: Shea Sloan
Judicial Assistant: Carrie King

WI-LAN INC.
V.
ALCATEL-LUCENT USA INC. ET AL
ATTORNEYS FOR PLAINTIFF

CIVIL ACTION NO: 6:10cv521
MOTION HEARING
ATTORNEYS FOR DEFENDANTS

SEE SIGN-IN SHEETS

On this day, came the parties by their attorneys and the following proceedings were had:
OPEN: 1:45 PM

ADJOURN: 3:15 PM

TIME:

MINUTES:

1:45 PM

Case called. PARTIES ANNOUNCED READY. (SEE SIGN-IN SHEETS)
Bill Cornelius for Defendants discussed order of proceedings and requested to begin with
Motion for Clarification. Counsel for Plaintiff did not object. Court agreed.
Michael Heinlen presented arguments on behalf of all Defendants on Docket No. 305
Defendants’ Sealed Motion for Clarification of the Construction of a Single Term in the
Court’s Claim-Construction Order. Steve Borgman presented arguments for Plaintiff.
Mr. Heinlen responded. Mr. Borgman responded. Court requested clarification on
argument. Mr. Heinlen responded. Mr. Borgman presented further arguments. Richard
Wynne made additional arguments for Defendants. Mr. Borgman responded. Court
inquired as to fact issue / claim construction issue. Mr. Heinlen responded.
Court requested arguments on letter briefs. Docket No. 277 Motion for Leave to File Two
Letter Briefs Requesting Permission to File Certain Motions by Exedea INC., HTC
America, Inc., HTC Corporation and Docket No. 288 Motion to Strike 277 Motion for
Leave to File Two Letter Briefs Requesting Permission to File Certain Motions and
Request to Strike Defendants Letter Briefs filed under Dkt. 280 and 287 by WI-LAN Inc.
Court inquired as to arguments on damages and Daubert motion. Robert Appleby
responded and presented arguments for Defendant Alcatel Lucent. David Weaver
responded for Plaintiff. Court granted motion for leave to file Daubert motion.
Court advised will rule on other letter brief issues soon.
Court requested arguments on Docket No. 240 Sealed Patent Motion to Compel
Production of Internal Communications and Documents Withheld by Wi-Lan, Inc. on the
Ground of Attorney-Client Privilege by Exedea INC., HTC America, Inc., HTC
Corporation. Steve Korniczky presented arguments for Defendants. Ajeet Pai presented

TIME:

2:53 PM
3:02 PM

MINUTES:
arguments for Plaintiff. Court addressed the parties and it will allow HTC to identify 80
documents by Thursday at noon. Plaintiff will have until Monday at 9:00 AM to present
for documents for in camera inspection with objections and provide Defendant with a copy
of those objections. Court will review the documents and make a ruling.
Court inquired regarding an agreement on Docket No. 275 Sealed Motion for Leave to
Supplement the Ericsson and Sony Mobile Defendants' Summary-Judgment Briefing by
Ericsson Inc., Sony Mobile Communications (USA) Inc., Sony Mobile Communications
AB, Telefonaktiebolaget LM Ericsson. Mr. Weaver and Mr. Sostek responded that the
parties have reached an agreement. Court denied the motion as moot.
Court inquired regarding an agreement on Docket No. 255 Sealed Motion to Compel by
Ericsson Inc., Sony Mobile Communications (USA) Inc., Sony Mobile Communications
AB, Telefonaktiebolaget LM Ericsson. Mr. Weaver and Mr. Sostek responded that the
parties have reached an agreement. Court denied the motion as moot.
Court requested arguments on Docket No. 306 Motion to Sever and Memorandum In
Support by Exedea and HTC Defendants. Mr. Weaver presented arguments for Plaintiff.
Court inquired as to agreements by the parties. Mr. Weaver and Mr. Sostek responded.
Court addressed the parties regarding question of law or fact. Mr. Sostek responded that
Defendants cannot agree. Mr. Weaver responded. Mr. Sostek responded. Court
advised it will resolve as a matter of law if it can. Court inquired as to fact issues; Court
and parties discussed. Court requested arguments from HTC. Eric Findley responded for
HTC. Court discussed trial options and requested responses from other Defendants. Mr.
Sostek and Mr. Appleby responded. Court made additional proposals and requested the
parties confer as to trial procedure.
Court in recess.
Court resumed.
Court advised parties regarding the docket and Jury Selection on April 1, 2013; advised the
parties to be prepared to go to trial anytime in April; discussed briefing schedule for
summary judgment motions and requested that all briefing be completed by March 14,
2013.
Court inquired regarding mediator. Mr. Wynne and Mr. Weaver responded.

3:18 PM

There being nothing further, Court adjourned.