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

Filing 340

ORDER granting in part 240 Sealed Patent Motion to Compel; denying as moot 255 Sealed Motion to Compel; granting 275 Sealed Motion to Supplement summary judgment briefing; denying as moot 277 Motion for Leave to File two letter briefs; granting 288 Motion to Strike Defendants' Letter Briefs. Signed by Judge Leonard Davis on 03/05/13. cc:attys 3-05-13 (mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
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WI-LAN INC.,
Plaintiff,
vs.
ALCATEL-LUCENT USA INC.,
ET AL.,
Defendants.

CASE NO. 6:10-CV-521

ORDER
Before the Court are HTC Corporation, HTC America, Inc. and Exedea, Inc.’s (“HTC”)
Motion to Compel production of internal communications and documents withheld by Wi-Lan,
Inc. on the gournd of Attorney-Client Privilege (Dkt. No. 240), The Ericsson and Sony Mobile
Defendants’ Motion to Compel Plaintiff to Provide Discovery (Dkt. No. 255), The Ericsson and
Sony Mobile Defendants’ Motion for leave to supplement summary judgment briefing (Dkt. No.
275), Defendants Motion for Leave to File Two Letter Briefs (Dkt. No. 277), and Plaintiff WiLan’s Motion to Strike Defendants’ Letter Briefs (Dkt. No. 288). The Court resolves the
motions in the the following manner:
HTC’s Motion to Compel (Dkt. No. 240) is GRANTED IN PART. HTC is ORDERED
to file a notice identifying up to eighty (80) of the documents withheld by Wi-Lan on the
ground of attorney-client privilege by February 28, 2013 at 12:00 P. M. Wi-Lan is
ORDERED to provide the identified documents for in-camera review by March 4, 2013
at 9:00 A.M. with a copy of the specific assertions of privilege.

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The Ericsson and Sony Defendants’ Motion to Compel is DENIED AS MOOT. The
Parties filed a Joint Notice of Withdrawal of Defendants’ Motion to Compel (Dkt. No.
328). Therefore, the Motion is moot.
The Ericsson and Sony Defendants’ Motion to Supplement summary judgment briefing
is GRANTED. Plaintiff filed a notice withdrawing its opposition to Ericsson and Sony’s
Motion (Dkt. No. 328). Therefore, the motion for leave to supplement is granted and the
motion is deemed served on February 26, 2013. Parties are ORDERED to meet and
confer and propose an expedited briefing schedule, on which briefing is completed by
March 14, 2013.
The Defendants Motion for leave to file two letter briefs (Dkt. No. 277) is DENIED AS
MOOT. Defendants are granted leave to file a Daubert Motion regarding Wi-Lan, Inc.’s
damages expert, John Jarosz. Defendants are also granted leave to file a Motion for
Summary Judgment of Invalidity of Claims 1-5 of U.S. Patent No. 6,381,211 and Claims
1-5 of U.S. Patent No. 6,088,326. Thus, Defendants Motion for leave to file two letter
briefs is moot. Parties are ORDERED to meet and confer and propose an expedited
briefing schedule, on which briefing is completed by March 14, 2013.
Plaintiffs Wi-Lan’s Motion to Strike Defendants’ Letter Briefs (Dkt. No. 288) is
GRANTED.
So ORDERED and SIGNED this 5th day of March, 2013.

__________________________________
LEONARD DAVIS
UNITED STATES DISTRICT JUDGE
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