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Message: Wi-LAN USA, Inc. et al v. Apple Inc.............

Wi-LAN USA, Inc. et al v. Apple Inc.
previously posted by 2Gorgeous on SH

Submission of Proposed Agreed Docket Control/Scheduling order by Alcatel-Lucent USA Inc., Ericsson Inc., Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson, WI-LAN Inc. Pursuant to 373 Court's Order dated 03/25/13.

http://docs.justia.com/cases/federal/district-courts/texas/txedce/6:2010cv00521/125700/383/0.pdf?ts=1365334299

JOINT NOTICE REGARDING PRE-TRIAL SCHEDULE AND DOCKET CONTROL ORDER

Pursuant to the Court’s Order dated March 25, 2013 (Dkt. No. 373), Plaintiff Wi-LAN
Inc. (“Wi-LAN”) and Defendants Alcatel-Lucent USA Inc., Telefonaktiebolaget LM Ericsson,
Ericsson Inc., Sony Mobile Communications AB, Sony Mobile Communications (USA) Inc.,
HTC Corporation, HTC America, Inc., and Exedea Inc. (“Defendants”) respectfully advise the
Court as follows regarding whether additional discovery, or supplementation to the previously
filed motions, is necessary in light of the documents recently produced:
The parties have met and conferred regarding a revised pre-trial schedule and will
continue to meet and confer regarding what depositions, if any, will be taken following
Defendants’ review of Wi-LAN’s supplemental document production.(note 1) The parties agree that
the following schedule should govern any depositions taken regarding that supplemental
production and that supplemental briefing regarding Defendants’ existing summary judgment
motion and Daubert motion, if any, as well as amendments to pre-trial disclosures relating to
Wi-LAN’s supplemental document production, if any, should take place according to the
schedule and subject to the page limits as set forth below. The parties do not intend to
supplement the fully briefed Cross-Motions for Summary Judgment (Case No. 6:10-cv-521, Dkt.
Nos. 171, 172, 181, 276, and 352) currently set for hearing on May 3, 2013.

Note 1 - Defendants have identified certain depositions which they believe may be necessary.
Wi-LAN believes that identification of witnesses is premature.
The parties will continue to meet and confer in good faith to complete
necessary discovery, if any, expeditiously according to the schedule set forth below.


May 3, 2013
Hearing on Wi-LAN, Ericsson, and Sony Mobile’s Cross-
Motions for Summary Judgment (Case No. 6:10-cv-521, Dkt.
Nos. 171, 172, 181, 276, and 352) at 9:30 a.m. at the United
States District Court, 211 West Ferguson, 3rd Floor, Courtroom
of Judge Leonard Davis, Tyler, Texas.

May 17, 2013
Deadline for Supplemental Fact Discovery, if any, in light of
Wi-LAN’s recently produced documents.

May 24, 2013
Defendants’ amended/supplemental trial exhibit lists in light of
Wi-LAN’s recently produced documents due.
Defendants’ Supplemental Video and Stenographic Deposition
Designations for depositions taken after March 19, 2013, due.
Each Defendant who proposes to offer deposition testimony
shall file a disclosure identifying the line and page numbers to
be offered.

May 31, 2013
Wi-LAN’s Rebuttal Designations and Objections to
Supplemental Deposition Designations due. Cross examination
line and page numbers to be included. In video depositions,
each party is responsible for preparation of the final edited video
in accordance with their parties’ designations and the Court’s
rulings on objections. Wi-LAN’s amendment/supplement to
trial exhibit list limited to any issues raised by any exhibits or
designations added in Defendants’ amended/supplemental trial
exhibit list or amended/supplemental deposition designations.
Wi-LAN’s objections to Defendants’ amended/supplemental
trial exhibit lists due.

May 31, 2013
Defendants’ Supplements to existing Summary Judgment
Motion and Daubert Motion, if necessary. Supplements shall be
June 3, 2013
Parties’ Supplements to Existing Motions in Limine, if necessary,
due. Supplements shall be no more than 5 pages each. The parties
are directed to confer and advise the Court on or before 3:00
o’clock p.m. the day before the pre-trial conference which
Motions in Limine are agreed to and which need to be addressed
at the pre-trial conference.

June 7, 2013
Defendants’ Objections to Wi-LAN’s Rebuttal Designations to
Supplemental Deposition Designations due. Defendants’
objections to Wi-LAN’s amended/supplemental trial exhibit list
due.

June 14, 2013
Responses, if necessary, to Supplements to existing Summary
Judgment Motion, Daubert Motion, and Motions in Limine due.
Responses shall be no more than 5 pages each.

June 25, 2013
9:00 a.m. PRETRIAL CONFERENCE at the United States
District Court, 211 W. Ferguson, 3rd Floor, Courtroom of
Judge Leonard Davis, Tyler, Texas.
All pending motions will be heard.
Lead trial counsel must attend the pretrial conference.

July 1, 2013
9:00 a.m. JURY SELECTION and JURY TRIAL at the
United States District Court, 211 W. Ferguson, 3rd Floor,
Courtroom of Judge Leonard Davis, Tyler, Texas.
no more than 5 pages each.

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