This is in response to Apples initial motion....which was late...in not following rules previously established.
RE: e.Digital doc 41
"Moreover, contrary to what Apple argues in its Motion, e.Digital’s preliminary infringement contentions (“PICs”) are sufficient for this stage of the proceedings. Apple’s attempt to litigate the merits of the case entirely on the basis of e.Digital’s PICs is premature and improper given that no claim construction proceedings have been held, Apple has not yet provided its invalidity contentions, and the parties have not engaged in any fact or expert discovery pursuant to the Court’s May 30, 2013 Order After Case Management Conference (“CMO”). (Dkt.#21). In addition, e.Digital’s choice of a single representative accused product fully complies with the Court’s CMO despite what Apple erroneously suggests in its Motion. The Motion should be denied."
In reading e.Digitals doc 37: regarding..."1) The Motion Is Untimely Pursuant to the Court’s May 30, 2013 Order (Docket #21)."
reading in conjunction to exhibit A (37-1) a copy of doc 21.attached to doc 37..ORDER AFTER CASE MANAGEMENT CONFERENCE
...Apple did not abide by the rules outlined at the conference...Apple seems to have not attended the conference and are not in the roll call listed by e.Digital. Apparently they did not read the subsequent order as a result of it either.
=====Now Apple, as late as they previously were pointed out to be on their motion, step out of the shadows with its 8-2-2013 lengthy dissertation....and does exactly this...
"Apple’s attempt to litigate the merits of the case entirely on the basis of e.Digital’s PICs is premature and improper given that no claim construction proceedings have been held,"
They have brass seeing the ORDER AFTER CASE MANAGEMENT CONFERENCE....was signed and sealed by the judge.
anyway
doni
