8. After receiving the Court’s December 4, 2012 claim construction order, I called
Acer’s counsel, Dr. Timothy Walker, on December 6, 2012. Dr. Walker and I recently tried an
ITC case together as co-defense counsel (in July 2012), so I knew that he understood the
requirements associated with an ITC trial and post-trial briefing. I pointed out that there was an
obvious conflict between the 853 Investigation’s trial and post-trial briefing and the trial
currently set for June 24, 2013 in this case. I suggested that the parties agree to continue the trial
date in this case to avoid the scheduling conflict. Dr. Walker said that he would check with his
client and HTC’s counsel and get back to me.
9. I followed up with an e-mail to Dr. Walker on December 7, 2012. Dr. Walker
responded that Acer and HTC did not wish to change the trial date in this case, and would
oppose any motion by TPL for a continuance. A copy of the e-mail exchange between Dr.
Walker and myself is attached to this Declaration as Exhibit C.
10. On December 7, 2012, Dr. Kyle Chen (counsel for HTC) sent me an e-mail to ask
whether TPL would oppose a motion by HTC to submit additional claim construction briefing in
this case. A copy of Dr. Chen’s e-mail to me is attached to this Declaration as Exhibit D. In
TPL’s view, the terms and phrases for which HTC seeks construction have already been
construed by this Court (
