JOINT MOTION TO MODIFY MARKMAN EXHIBIT DEADLINE
Pursuant to Ground Rule 2.1, Respondents, Acer Inc. and Acer America Corporation; Amazon.com, Inc.; Barnes and Noble, Inc; Garmin Ltd., Garmin International, Inc., and Garmin USA, Inc.; HTC Corporation and HTC America; Huawei Device Co., Ltd., Huawei Device USA Inc., and Futurewei Technologies, Inc.; Kyocera Corporation and Kyocera Communications, Inc.; LG Electronics, Inc. and LG Electronics U.S.A., Inc.; Nintendo Co., Ltd. and Nintendo of America Inc.; Novatel Wireless, Inc.; Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.; ZTE Corporation and ZTE (USA) Inc. (collectively, “Respondents”), along with Complainants Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, “Complainants”) respectfully submit this motion to extend the deadline in the Amended Procedural Schedule (Order No. 15, Jan. 9, 2013) for exchange of proposed Markman exhibits by three days from February 25, 2013 to close of business (5:30pm EST) on February 28, 2013. The Private Parties have consulted with the Commission Investigative Staff (“Staff”) and the Staff has indicated it does not oppose the requested extension.
The Amended Procedural Schedule specifies that the parties shall exchange proposed Markman exhibits, including demonstratives, and updated proposed exhibits lists on February 25, 2013. The Private Parties seek to move this deadline to February 28, 2013. The Private Parties do not seek any other modification to the Procedural Schedule. Specifically, the Private Parties will still file final exhibits lists as required on February 28, 2013, and will meet and confer in advance of that filing to eliminate and/or renumber duplicate exhibits as appropriate pursuant to Ground Rule 1.15.3.1.
The Private Parties respectfully submit that good cause exists for the requested extension because, particularly in light of ongoing depositions and other discovery, additional time is needed for the parties to prepare their demonstratives and other exhibits for the Markman hearing. For the foregoing reasons, the Private Parties respectfully request entry of the attached Proposed Order extending the deadline for exchange of proposed Markman exhibits, including demonstratives, and updated proposed exhibits lists to close of business (5:30pm EST) on
February 28, 2013.
[PROPOSED] ORDER NO. __: GRANTING JOINT MOTION TO MODIFY
MARKMAN EXHIBIT DEADLINE
On February 21, 2013, the Private Parties moved to extend the deadline for exchange proposed Markman exhibits, including demonstratives, and updated proposed exhibits lists from February 25, 2013 to close of business (5:30pm EST) on February 28, 2013. Good cause having been shown, and their being no opposition to the proposed extension, it is hereby ORDERED that the deadline for exchange proposed Markman exhibits, ncluding demonstratives, and updated proposed exhibits lists shall be moved to close of business (5:30pm EST) on February 28, 2013. All other dates in the Amended Procedural Schedule (Order No. 15) remain unchanged.
Date: February __, 2013 __________________________
Hon. E. James Gildea
Administrative Law Judge
