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

Filing 389

Opposed MOTION to Expedite Briefing Schedule on Motion to Enforce Compliance with the Court's Order of March 14, 2013 [Dkt. 388] by Alcatel-Lucent USA Inc., Ericsson Inc., Exedea INC., HTC America, Inc., HTC Corporation, Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Cornelius, William)

Exhibit D

From:
To:
Cc:
Subject:
Date:

Pai, Ajeet
Wynne, Richard L.; "[e-mail]"; "[e-mail]"; Ericsson: WI LAN Defense; "[e-mail]"
Wi-LAN; "[e-mail]"
Re: Wi-LAN v. Alcatel-Lucent et al. -- Meet and Confer on Defendants" Expedited Motion
Wednesday, April 17, 2013 10:45:33 AM

Rich,
In order to accommodate Defendants' desire for an expedited schedule, Wi-LAN proposed a
reasonable schedule that would have framed the issue for the Court in advance of the May 3
hearing. Defendants rejected this proposal and instead suggest that either Wi-LAN alone forgo its
right to a further brief or prejudicially be forced to respond to Defendants' further briefing
immediately before a summary judgment hearing.
Wi-LAN cannot agree to such terms. To the extent Defendants wish to expedite briefing, Wi-LAN's
original compromise proposal stands.
-Ajeet Pai
Vinson & Elkins LLP
[phone]

From: Wynne, Richard L. [mailto:[e-mail]]
Sent: Wednesday, April 17, 2013 10:08 AM
To: Pai, Ajeet; '[e-mail]' <[e-mail]>; '[e-mail]' <[e-mail]>; Ericsson: WI LAN Defense <[e-mail]>;
'William Cornelius ([e-mail])' <[e-mail]>
Cc: Weaver, David; Wi-LAN
Subject: RE: Wi-LAN v. Alcatel-Lucent et al. -- Meet and Confer on Defendants' Expedited Motion

Ajeet,

                Defendants intend to file their motion for expedited consideration before the Court closes
this afternoon.  Given the May 17 th deadline, we believe that Wi-LAN should not be opposed to the
motion for expedited consideration.  Please let us know by noon CDT whether you will agree to our
proposed compromise schedule I sent you yesterday evening.

                If we do not hear from you, we understand from Mr. Weaver’s comments during our meetand-confer on Monday that Wi-LAN opposes the motion for expedited consideration.

Rich

Richard L. Wynne, Jr.
Thompson & Knight LLP
1722 Routh Street, Suite 1500

Dallas, Texas 75201
214.969.1386 (direct)
214.880.3267 (fax)
[e-mail]
vCard | Bio | TK Website

From: Wynne, Richard L.
Sent: Tuesday, April 16, 2013 6:33 PM
To: 'Pai, Ajeet'; '[e-mail]'; '[e-mail]'; Ericsson: WI LAN Defense; 'William Cornelius
([e-mail])'
Cc: 'Weaver, David'; 'Wi-LAN'
Subject: RE: Wi-LAN v. Alcatel-Lucent et al. -- Meet and Confer on Defendants' Expedited
Motion

Ajeet,
Wi-Lan bears the burden of proving its documents are privileged and that it did not
waive its privilege. Thus, we will not agree to a schedule that does not provide a reply
brief (ie, our only opportunity to respond to wi-lan's proof). We will agree to a
schedule that has wi-lan's response on April 26 with defendants' reply on May 1.
Please confirm that this is acceptable to wi-lan.
-----Original Message----From: Pai, Ajeet [[e-mail]]
Sent: Tuesday, April 16, 2013 03:56 PM Central Standard Time
To: Wynne, Richard L.; [e-mail]; [e-mail]; Ericsson: WI LAN Defense; William
Cornelius ([e-mail])
Cc: Weaver, David; Wi-LAN
Subject: RE: Wi-LAN v. Alcatel-Lucent et al. -- Meet and Confer on Defendants'
Expedited Motion
Rich,

Although we understand that Defendants wish to shorten the briefing schedule for
Defendants’ proposed motion in order to permit the Court to take up that motion at the
May 3, 2013 hearing (if it so chooses), the schedule proposed by Defendants is
unreasonably compressed.   Wi-LAN is willing to agree to the following schedule as a
compromise in order to accommodate Defendants’ desire to expedite the Court’s
consideration of their motion:

·         Defendants file motion:  April 16
·         Plaintiff files response:  April 26 (ten days later).
·         No reply or sur-reply filed.

Wi-LAN would be unduly prejudiced by, and cannot agree to, a schedule which has briefing
continuing during the week before the May 3 summary judgment hearing.

Please confirm that Defendants agree to the schedule proposed above.

Ajeet Pai
Associate
Vinson & Elkins LLP
2801 Via Fortuna, Suite 100
Austin, TX 78746-7568
Tel [phone]
Fax [phone]
[e-mail]

From: Wynne, Richard L. [mailto:[e-mail]]
Sent: Monday, April 15, 2013 4:30 PM
To: Weaver, David; Wi-LAN; [e-mail]; [e-mail]; [e-mail]; [e-mail]
Cc: Ericsson: WI LAN Defense; William Cornelius ([e-mail])
Subject: RE: Wi-LAN v. Alcatel-Lucent et al. -- Meet and Confer on Defendants' Expedited
Motion to Enforce the Court's Order

David,

                Further to our call this afternoon, Defendants propose the following briefing
schedule for the Defendants’ motion to enforce the Court’s order and to reject Plaintiff’s
clawback request:

Ds File:  April 16
P Response:  April 23
Ds Reply:  April 26
P Sur-Reply: April 30 (or May 1)

                We would propose that, to the extent that it is consistent with the Court’s schedule
and the Court wishes to entertain argument on the motion, it be heard on May 3rd , when
the pending PCRA-related summary-judgment motions are set for hearing.  For that
reason, we believe that it might be more appropriate for Wi-LAN to serve the sur-reply on
April 30 th rather than May 1st, but Defendants are not opposed if Wi-LAN needs until May
1st to file the surreply under this schedule.

                Please let us know whether Wi-LAN is opposed to a motion to expedite the briefing
according to this schedule.

Rich

Richard L. Wynne, Jr.
Thompson & Knight LLP
1722 Routh Street, Suite 1500
Dallas, Texas 75201
214.969.1386 (direct)
214.880.3267 (fax)
[e-mail]
vCard | Bio | TK Website

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