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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
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` Case No.: 14cv2235-DMS (BLM)
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`ORDER GRANTING IN PART AND
`DENYING IN PART APPLE INC.’S
`NOTICE OF EX PARTE MOTION TO
`STRIKE NEW STANWOOD
`DECLARATION SUBMITTED WITH WI-
`LAN’S REPLY BRIEF
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`[ECF No. 198]
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`Plaintiff,
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`Defendants.
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`APPLE INC.,
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`v.
`WI-LAN INC., et al.,
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`AND RELATED COUNTERCLAIMS
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`On October 10, 2017, the Court issued an order setting a briefing schedule regarding a
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`discovery dispute between Defendant Wi-LAN Inc.’s (“Wi-LAN”) and Plaintiff Apple, Inc.
`(“Apple”), and directed Wi-LAN to file its motion to compel by October 18, 2017, Apple to file its
`opposition by October 25, 2017, and Wi-LAN to file a reply by November 1, 2017. ECF No. 178.
`The parties complied with these deadlines. ECF Nos. 179, 183, 189.
`On November 6, 2017, Apple filed an Ex Parte Motion requesting that the Court strike as
`untimely: (1) the 12-page declaration from Kenneth Stanwood, Wi-LAN’s CTO, offered for the
`first time with Wi-LAN’s reply brief in support of its motion to compel, and (2) the new arguments
`in Wi-LAN’s reply brief that rely on or cite to that untimely declaration. ECF 198-1, at 2. In the
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`Case 3:14-cv-02235-DMS-BLM Document 202 Filed 11/13/17 PageID.7488 Page 2 of 2
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`alternative, Apple requests leave to submit a short sur-reply to respond to Wi-LAN’s untimely
`evidence and argument. Id. On November 9, 2017, Wi-LAN filed an Opposition to Apple’s Ex
`Parte Motion. ECF No. 201. Wi-LAN requests in its opposition that the Court: “(1) deny Apple’s
`request to strike the Stanwood Declaration (and related arguments) filed in reply to Apple’s
`newly raised argument and (2) deny Apple’s request to file a sur-reply.” Id. at 2.
`Having reviewed Apple’s ex parte motion, Wi-LAN’s opposition thereto, and Wi-LAN’s
`motion to compel and reply in support thereof, the Court DENIES Apple’s request to strike Mr.
`Stanwood’s declaration and the arguments made in Wi-LAN’s reply brief that rely on or cite to
`that declaration. The Court finds good cause to GRANT Apple’s alternative request to submit
`a sur-reply to respond to Wi-LAN’s reply. Apple is DIRECTED to file its proposed sur-reply by
`November 15, 2017.
`IT IS SO ORDERED.
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`Dated: 11/13/2017
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`14cv2235-DMS (BLM)
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