Case 1:13-cv-00919-LPS Document 353-1 Filed 04/13/21 Page 1 of 6 PageID #: 44343
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`Exhibit 1
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`Exhibit 1
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`Case 1:13-cv-00919-LPS Document 353-1 Filed 04/13/21 Page 2 of 6 PageID #: 44344
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`From: Kemper Diehl <KDiehl@susmangodfrey.com>
`Sent: Monday, February 1, 2021 7:46 PM
`To: Unikel, Robert <robertunikel@paulhastings.com>; Laurenzi, Robert <robertlaurenzi@paulhastings.com>; D. Moore
`<dmoore@potteranderson.com>; Bindu Palapura <bpalapura@potteranderson.com>
`Cc: nbelgam@skjlaw.com; eormerod@skjlaw.com; Seth Ard <sard@susmangodfrey.com>; Max Straus
`<MStraus@susmangodfrey.com>; John Lahad <jlahad@SusmanGodfrey.com>; Richard Wojtczak
`<rwojtczak@susmangodfrey.com>; Charla Clements <CClements@susmangodfrey.com>; Kalpana Srinivasan
`<ksrinivasan@SusmanGodfrey.com>; Emi Lawson <ELawson@susmangodfrey.com>; Travis Korman
`<TKorman@susmangodfrey.com>
`Subject: [EXT] Arendi v. Google ‐ Rinard Report
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`Counsel,
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`In light of Judge Stark’s order that “No expert will be permitted to present an opinion that contradicts
`the Court's claim constructions,” (D.I. 257), please confirm that Google will be withdrawing the
`paragraphs of Dr. Rinard’s rebuttal expert report that present and rely on new and improper claim
`constructions, including the following paragraphs:
`
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` 255‐56, 531‐74: Construing “analyzing . . . to determine if the first information is at least one of
`a plurality of types of information that can be searched for” to require a sub‐step of analyzing to
`determine if the first information can be searched for.
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` 258‐60, 263‐353, 575‐81: Construing “a self‐contained set of instructions, as opposed to a
`routine or library, intended to be executed on a computer so as to perform some task” to exclude
`code implemented in libraries or to prohibit the contribution of processes in addition to the first
`computer program in the input device’s creation.
`11
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`Case 1:13-cv-00919-LPS Document 353-1 Filed 04/13/21 Page 3 of 6 PageID #: 44345
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` 261, 354‐62: Construing “into which text can be entered” to require editability (which he
`construes to mean into which the user can type text) at the time claim steps (including the
`analyzing step) are performed.
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` 363‐85: Construing “word processing, spreadsheet, or similar file” to exclude items saved as
`database records, to exclude what Dr. Rinard terms “text entry or edit boxes,” and as limited to
`word processing or spreadsheet files.
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` 386‐400: Construing “performing the action using at least part of the second information” to
`exclude actions involving the display of information.
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` 411‐432: Construing “in consequence of receipt by the first computer program of the user
`command” and “an input device, configured by the first computer program, that allows a user
`to enter a user command to initiate an operation” to require the action to be performed in the
`first computer program and/or that no instructions be received by the second computer
`program in consequence of receipt by the first computer program of the user command.
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` 418‐19, 433‐39: Construing “in consequence of receipt by the first computer program of a user
`command” to bar confirmation from the user or subsequent input from the user.
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` 454‐57: Construing “analyzing, in a computer process, first information” to require that only first
`information be analyzed, without analysis of other text.
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`If Google does not agree to withdraw these paragraphs, please let us know when you are available to
`meet and confer this week.
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`Best,
`Kemper
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`
`Kemper Diehl
`Susman Godfrey LLP
`1201 Third Avenue, Suite 3800 | Seattle, WA 98101
`Office: 206‐373‐7382 | Cell: 609‐439‐1619
`www.susmangodfrey.com
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`12
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`Case 1:13-cv-00919-LPS Document 353-1 Filed 04/13/21 Page 4 of 6 PageID #: 44346
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`Exhibit 2
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`Case 1:13-cv-00919-LPS Document 353-1 Filed 04/13/21 Page 5 of 6 PageID #: 44347
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`From:
`Sent:
`To:
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`Cc:
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`Subject:
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`Counsel,
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`Max Straus <MStraus@susmangodfrey.com>
`Monday, November 2, 2020 10:11 PM
`bpa la pu ra@potteranderson.com; Peterman, Chad; d moore@potteranderson.com;
`Marek, Michelle; Marshall, Mindy; rhorwitz@potteranderson.com; Unikel, Robert;
`sobyrne@potteranderson.com
`Brenda Adimora; Burton DeWitt; Charla Clements; Emi Lawson; eormerod@skjlaw.com;
`John Lahad; Kemper Diehl; Kristi Davis; Max Straus; nbelgam@skjlaw.com; Richard
`Wojtczak; Seth Ard
`[EXT] Arendi/Motorola - Expert Report of Dr. Rinard
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`Dr. Rinard's expert report in the Motorola case is inconsistent w ith Motorola' s written and oral representations to
`Arendi, and it makes improper use of material from Arendi' s distinct lawsuit against Google. We ask that you w ithdraw
`those portions of Dr. Rinard' s report and confirm that Motorola w ill not adopt such positions at trial.
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`1
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`Case 1:13-cv-00919-LPS Document 353-1 Filed 04/13/21 Page 6 of 6 PageID #: 44348
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`We request a response by close of business on November 4. If Motorola does not agree to Arendi’s requests, please let
`us know when you are available to meet and confer on Tuesday after 2pm ET, Wednesday after 3:30 pm ET, or Friday
`except for 1‐2pm ET.
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`Thank you.
`
`Max
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`Max Straus | Susman Godfrey LLP
`1301 Avenue of the Americas, 32nd Floor | NY, NY 10019
`(212) 729‐2048 (office) | (610) 213‐6194 (mobile)
`
`2
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