Case 8:19-cv-01150-JLS-ADS Document 35-9 Filed 10/31/19 Page 1 of 5 Page ID #:516
`Case 8:19-cv-01150-JLS-ADS Document 35-9 Filed 10/31/19 Page 1 of 5 Page ID #:516
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`EXHIBIT 6
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`EXHIBIT 6
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`Case 8:19-cv-01150-JLS-ADS Document 35-9 Filed 10/31/19 Page 2 of 5 Page ID #:517
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`From:
`Sent:
`To:
`Subject:
`
`Torchia, Paul E.
`Tuesday, October 15, 2019 11:58 AM
`Foster, James J.
`RE: Uniloc v. Infor 8:19-cv-01150 (CDCA)
`
`Jim-
`Thanks for the call.
`
`On the call:
`
`
`
`Best regards,
`
`Paul
`
` Uniloc agreed to extend our time to respond to the amended complaint by seven days, to October 31. You
`stated that in the event we got close to October 31 and needed more time, Uniloc would consider an additional
`request.
` Uniloc stated that it would oppose a proposal to either move the scheduling conference out to the hearing date
`on our renewed motion to dismiss, or alternatively to expedite the briefing on that motion so we could keep the
`current Nov. 8 hearing date.
` Uniloc stated it would oppose our renewed motion to dismiss.
`
`Paul E. Torchia
`
`GIBSON DUNN
`
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue, New York, NY 10166-0193
`Tel +1 212.351.3953 • Fax +1 212.351.6352
`PTorchia@gibsondunn.com • www.gibsondunn.com
`
`
`
`From: Torchia, Paul E.
`Sent: Tuesday, October 15, 2019 11:08 AM
`To: 'Foster, James J.' <jfoster@princelobel.com>
`Subject: RE: Uniloc v. Infor 8:19-cv-01150 (CDCA)
`
`James-
`
`Thanks. I just tried you and left a voicemail. Please let me know if there is a good time to call back. You can also reach
`me at my desk at the number below.
`
`Paul
`
`Paul E. Torchia
`
`GIBSON DUNN
`
`Gibson, Dunn & Crutcher LLP
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`1
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`Case 8:19-cv-01150-JLS-ADS Document 35-9 Filed 10/31/19 Page 3 of 5 Page ID #:518
`
`200 Park Avenue, New York, NY 10166-0193
`Tel +1 212.351.3953 • Fax +1 212.351.6352
`PTorchia@gibsondunn.com • www.gibsondunn.com
`
`
`
`From: Foster, James J. <jfoster@princelobel.com>
`Sent: Tuesday, October 15, 2019 10:32 AM
`To: Torchia, Paul E. <PTorchia@gibsondunn.com>
`Subject: RE: Uniloc v. Infor 8:19-cv-01150 (CDCA)
`
`[External Email]
`Call anytime.
`
`JJF
`
`From: Torchia, Paul E. [mailto:PTorchia@gibsondunn.com]
`Sent: Monday, October 14, 2019 2:24 PM
`To: Foster, James J.
`Cc: Jacobs, Aaron; Ercolini, Michael; uniloc; Rho, Jennifer; Robb, Andrew; Gannon, Kevin; Yezril, Florina
`Subject: RE: Uniloc v. Infor 8:19-cv-01150 (CDCA)
`
`James-
`
`Thanks for your response. We did review both the original and the amended complaint carefully. Uniloc included
`express allegations of infringement against Infor Workforce Management in the original complaint, which Uniloc
`removed from the amended complaint after we filed a motion dismiss directed at that product. For that reason we
`believe that our interpretation was correct.
`
`In any event I will call you tomorrow to discuss the motion to extend time to respond to the complaint. Does 11 AM
`Eastern Time work for you?
`
`Paul
`
`Paul E. Torchia
`
`GIBSON DUNN
`
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue, New York, NY 10166-0193
`Tel +1 212.351.3953 • Fax +1 212.351.6352
`PTorchia@gibsondunn.com • www.gibsondunn.com
`
`
`
`From: Foster, James J. <jfoster@princelobel.com>
`Sent: Monday, October 14, 2019 1:48 PM
`To: Torchia, Paul E. <PTorchia@gibsondunn.com>
`Cc: Jacobs, Aaron <ajacobs@princelobel.com>; Ercolini, Michael <mercolini@princelobel.com>; uniloc
`<uniloc@princelobel.com>; Rho, Jennifer <JRho@gibsondunn.com>; Robb, Andrew <ARobb@gibsondunn.com>;
`Gannon, Kevin <kgannon@princelobel.com>; Yezril, Florina <FYezril@gibsondunn.com>
`Subject: Re: Uniloc v. Infor 8:19-cv-01150 (CDCA)
`
`[External Email]
`Paul - For the record, we have not dropped our allegations of infringement against IWM or any other Infor product. Both
`complaints allege Infor has a range of infringing products. We used IWM in the first complaint and CRM Cloud in the
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`Case 8:19-cv-01150-JLS-ADS Document 35-9 Filed 10/31/19 Page 4 of 5 Page ID #:519
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`amended complaint simply as illustrative examples. If you carefully read the amended complaint, you will note it
`specifies Infor has infringing products other than CRM Cloud.To clear up any doubt, those products Uniloc 2017 is
`accusing of infringement continue to include IWM. I expect we will provide more examples in our infringement
`contentions in a few weeks.
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`We will not agree to move the scheduling conference. I will send you this week a draft of the joint statement.
`
`As always, we will extend to you whatever professional courtesies you need, including, from time to time, filing
`extensions to allow completion of briefs, etc. But, in return, we expect that you not play games with us. I am out today,
`but you can call me tomorrow (617) 456-8022 to discuss an extension for responding to the Amended Complaint.
`
`
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`JJF -- Sent from my iPad
`
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`On Oct 14, 2019, at 11:52 AM, Torchia, Paul E. <PTorchia@gibsondunn.com> wrote:
`
`
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`Aaron and Michael-
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`I write to follow up on my voicemail of Friday afternoon. We have received Uniloc’s first amended
`complaint. As you know, Uniloc accused Infor Workforce Management in its original complaint, and
`Infor moved to dismiss that complaint. In the amended complaint, Uniloc dropped its allegations
`against Infor Workforce Management, and accused a product known as Infor CRM Cloud.
`
`
`Because Infor CRM Cloud was not previously accused of infringement, we are going to need more than
`the 14 days provided by Rule 15(a)(3) to put in a response. Please let us know if Uniloc would agree to
`21-day extension of time to respond to the Amended Complaint, to November 14, 2019.
`
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`We also propose that the parties ask the Court to reschedule the November 8, 2019, scheduling
`conference, to give the parties time to confer about the new allegations and prepare a joint Rule 26(f)
`report in light of them. As you know, the Court previously set the scheduling conference for the same
`day as the hearing date for Infor’s original motion to dismiss. We would propose that the Court do the
`same thing this time, and reset the scheduling conference to proceed on the same day as the hearing
`date for our renewed motion to dismiss. We would confer with you about a proposed hearing date in
`advance.
`
`I would appreciate it if one of you could get back to me as soon as possible today regarding these
`proposals, as we will need to get a motion on file promptly if we do not have agreement.
`
`Best regards,
`
`Paul
`
`Paul E. Torchia
`
`GIBSON DUNN
`
`Gibson, Dunn & Crutcher LLP
`200 Park Avenue, New York, NY 10166-0193
`Tel +1 212.351.3953 • Fax +1 212.351.6352
`PTorchia@gibsondunn.com • www.gibsondunn.com
`
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`Case 8:19-cv-01150-JLS-ADS Document 35-9 Filed 10/31/19 Page 5 of 5 Page ID #:520
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