Apple, Inc. v. Motorola, Inc. et al

Filing 33

Status Report by Plaintiff Apple, Inc., Counter Defendant Apple, Inc. (Peterson, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

APPLE INC.,
Plaintiff,

Case No. 10-CV-661

v.
JURY TRIAL DEMANDED
MOTOROLA, INC. and MOTOROLA
MOBILITY, INC.
Defendants.

STATUS REPORT

Pursuant to the Court’s order of May 16, 2011, Plaintiff Apple Inc.
(“Apple”) respectively submits the following status report regarding the related ITC
Investigations, In the Matter of Certain Wireless Communication Devises, Portable
Music and Data Processing Devices, Computers and Components Thereof, Inv. No. 337TA-745 (hereinafter “the 745 Investigation”) and In the Matter of Certain Mobile
Devices and Related Software, Inv. No. 337-TA-750 (hereinafter “the 750 Investigation”).
With respect to the 745 Investigation, the parties exchanged responses to
contention interrogatories on April 15, 2011 and April 22, 2011, respectively.
expert reports were exchanged on May 6, 2011.
on May 23, 2011.

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Initial

Rebuttal expert reports were exchanged

The close of discovery is currently scheduled for June 15, 2011.1

Due to the large number of depositions remaining to be completed (over 50), among
other outstanding discovery, Apple filed a motion to extend the target date for the 745
Investigation (the date by which final Commission review is to be completed) from

Prehearing briefs are due on June 24, 2011 and the hearing before Chief Administrative
Law Judge (“ALJ”) Luckern is set for July 25-29, 2011.

An initial determination is

scheduled to be issued on or before November 8, 2011.
With respect to the 750 Investigation, the parties are in the midst of
discovery. Preliminary responses to contention interrogatories on which a party bears
the burden of proof and on which party does not bear the burden of proof were exchanged
on May 10, 2011 and May 17, 2011, respectively.

Final responses to contention

interrogatories will be exchanged on June 10, 2011 and June 17, 2011, respectively.
Fact discovery is ongoing, with the close of discovery scheduled for July 1, 2011.
Initial expert reports will be exchanged on July 8, 2011; rebuttal expert reports are due on
July 22, 2011.

The close of expert discovery is scheduled for August 10, 2011. A

hearing before ALJ Essex is scheduled for September 23 through October 5, 2011. An
initial determination is expected on November 30, 2011.

The target date for the 750

Investigation is scheduled for March 30, 2012.

March 8, 2012 to June 8, 2012.
ALJ Luckern.

That motion is currently pending adjudication by Chief

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Dated: June 2, 2011

Respectfully Submitted,

/s/ James Donald Peterson
James Donald Peterson (Wis. Bar No. 1022819)
[e-mail]
GODFREY & KAHN, S.C.
One East Main Street, Suite 500
P.O. Box 2719
Madison, WI 53701-2719
Telephone: [phone]
Facsimile: [phone]
Of Counsel:
Matthew D. Powers
[e-mail]
Steven S. Cherensky
[e-mail]
Jill J. Ho
[e-mail]
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Robert T. Haslam
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]

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Robert D. Fram
[e-mail]
Christine Saunders Haskett
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Apple Inc.

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