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

Filing 402

Minute Entry for proceedings held before Judge Leonard Davis: Motion Hearing held on 5/9/2013 re 385 SEALED MOTION PLAINTIFF WI-LAN INC.S MOTION TO ENFORCE CLAWBACK PROVISION AGAINST DEFENDANTS, AND TO STRIKE CLAWED BACK PRIVILEGED DOCUMENT FROM COURTS FILE, AND BRIEF IN SUPPORT filed by WI-LAN Inc., 388 SEALED MOTION to Enforce March 14, 2013 Order filed by Ericsson Inc., Sony Mobile Communications (USA) Inc., HTC America, Inc., HTC Corporation, Exedea INC., Telefonaktiebolaget LM Ericsson, Alcatel-Lucent USA Inc., Sony Mobile Communications AB, 181 Cross SEALED MOTION for Summary Judgment filed by Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, 352 SEALED MOTION to Strike Extrinsic Evidence filed by Ericsson Inc., Sony Mobile Communications (USA) Inc., Telefonaktiebolaget LM Ericsson, Sony Mobile Communications AB, 171 SEALED MOTION PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by WI-LAN Inc., 172 SEALED MOTION for Summary Judgment filed by Ericsson Inc., Telefonaktiebolaget LM Ericsson. (Court Reporter Shea Sloan.) (Attachments: # 1 Sign in Sheets) (cwk)

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

May 9, 2013

LEONARD DAVIS
Judge Presiding
Court Reporter: Shea Sloan
Judicial Assistant: Carrie King

Law Clerk: Josue Caballero
Chief Staff Attorney: Nicole Mitchell
WI-LAN, INC.

CIVIL ACTION NO: 6:10cv521
MOTION HEARING
(DKT #171, 172, 181, 276, 352, 385, 388)

V.
ALCATEL-LUCENT USA, INC., ET AL.
WI-LAN, INC.

CIVIL ACTION NO: 6:13cv252
MOTION HEARING
(DKT # 376)

V.
HTC CORPORATION, ET AL.
ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANTS

SEE SIGN-IN SHEETS

On this day, came the parties by their attorneys and the following proceedings were had:
OPEN: 1:33 PM

TIME:
1:33 PM

ADJOURN: 2:53 PM

MINUTES:
Case called. Parties announced ready.
Court addressed the parties regarding Docket No. 399-Plaintiff’s Unopposed Motion for
Redaction and advised ruling will be issued later today. Court advised the parties on how they
should handle disclosure of confidential information in open court.
Court requested arguments on Docket Nos. 171, 172, 181, 276, and 352.
David Weaver for Plaintiff addressed the Court and requested to seal the courtroom. Richard
Wynne responded for Defendants. The parties agreed to seal the courtroom. Court inquired
regarding persons in the courtroom not a party to the suit. Paul Schaafsma responded that he
is an attorney for an outside third-party and objected to sealing the proceedings. Court sealed
the proceedings and directed Mr. Schaafsma to leave the courtroom during sealed portion of
proceedings. Courtroom sealed.
Courtroom unsealed.

TIME:

MINUTES:
Bruce Sostek for Defendants made arguments and presentation on PCRAs. Court inquired
regarding agreed upon matters. Mr. Sostek and Mr. Weaver responded. Mr. Sostek
continued presentation. Court inquired regarding Wi-LAN patents and infringement. Mr.
Sostek responded. Mr. Wynne responded. Mr. Sostek continued presentation.
Court inquired regarding infringement. Mr. Wynne responded. Mr. Sostek continued
presentation. Mr. Weaver responded for Plaintiff. Court inquired regarding other litigation.
Mr. Weaver responded and continued presentation. Mr. Sostek responded. Mr. Wynne
further responded.
Court addressed the parties and requested arguments on Docket Nos. 385 and 388. Mr.
Weaver addressed the Court and offered to make further arguments on previously argued
motions. Court advised those motions will be submitted on the briefs and Court would like to
move on to the next motions.
Mr. Weaver addressed the Court and made arguments for Plaintiff. Court advised it
understands time constraints argument. Mr. Weaver continued arguments. Court advised it is
inclined to grant Plaintiff’s motion and requested arguments from Defendants as to why
motion should not be granted. Mr. Korniczky for Defendant HTC responded. Court advised
motion will be granted unless Defendant has a bad faith argument. Mr. Korniczky responded.
Mr. Weaver interjected and requested Courtroom be sealed. Courtroom sealed.
Remainder of proceedings sealed.

2:53 PM

There being nothing further, Court adjourned.