Case 1:14-cv-01432-LPS Document 267 Filed 05/15/20 Page 1 of 2 PageID #: 16879
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`May 15, 2020
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`VIA E-FILING
`The Honorable Leonard P. Stark
`J. Caleb Boggs Federal Building
`844 N. King Street
`Room 6124, Unit 26
`Wilmington, DE 19801-3556
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`RE:
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`Elm 3DS Innovations, LLC v. Samsung Electronics Co., Ltd. et al.,
`(C.A. No. 14-cv-1430-LPS)
`Elm 3DS Innovations, LLC v. Micron Technology, Inc., et al.,
`(C.A. No. 14-cv-1431-LPS)
`Elm 3DS Innovations, LLC v. SK hynix Inc. et al.
`(C.A. No. 14-cv-1432-LPS)
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`Dear Chief Judge Stark,
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`Plaintiff Elm 3DS Innovations, LLC respectfully requests that the Court set trial dates
`along with pretrial deadlines in these cases, which were filed in 2014. Based on the current
`deadlines in the case, Elm 3DS suggests trials starting in October 2021, with the first trial being
`Elm 3DS Innovations, LLC v. Samsung Electronics Co., Ltd. et al., C.A. No. 14-cv-1430. Elm
`3DS expects each trial in these three cases to last one week.
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`The Court issued the Amended Scheduling Order in these cases over two years ago. (D.I.
`176 (14-cv-1430).) At that time, the Defendants’ appeal of the PTAB’s IPR decisions was still
`pending in the Federal Circuit. So it made sense why the Court would not yet set trial dates.
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`Since the Court issued its Amended Scheduling Order, these cases have moved forward
`significantly. The Federal Circuit issued its opinion confirming the validity of the patents-in-suit
`almost a year ago on June 12, 2019. This Court issued its claim construction opinion on April 13,
`2020. (D.I. 266 (14-cv-1430).) And now the parties are moving into the final phases of fact
`discovery and into expert discovery. Under the current Scheduling Order, the parties will finish
`briefing motions for summary judgment and Daubert motions on June 21, 2021. (D.I. 263 at 4
`(14-cv-1430).) But the Court has not yet set dates for a hearing on those motions or any other
`pretrial deadlines.
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`Elm 3DS respectfully requests that the Court set trial dates so that these cases can finally
`progress towards resolution. Elm 3DS has already been prejudiced by the long delay these cases
`have experienced. Since the cases were filed in 2014, the sole inventor of the patents-in-suit,
`Glenn Leedy, passed away unexpectedly. Now that the COVID-19 pandemic is understandably
`delaying jury trials, Elm 3DS wants to ensure that it has time on the Court’s calendar instead of
`getting moved to the end of the line after all the Court’s current jury trials are rescheduled.
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`P H O N E : ( 3 0 2 ) 7 7 7 – 0 3 0 0 · F A X : ( 3 0 2 ) 7 7 7 – 0 3 0 1 · W W W . F A R N A N L A W . C O M
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`Case 1:14-cv-01432-LPS Document 267 Filed 05/15/20 Page 2 of 2 PageID #: 16880
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`The Defendants oppose setting trial dates and claim that it is premature to do so in light
`of the COVID-19 pandemic. But based on the current schedule, trial dates could not be set until
`at least October 2021. By that time, we should all hope the pandemic will be resolved. But even
`if it is not, the Court and the parties can adjust the schedule as needed in the future as they have
`done many times in the past. Given how long these cases have already been pending, Elm
`respectfully requests that the Court set the finish line.
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`For these reasons, Elm 3DS respectfully requests that the Court set trial dates starting in
`October 2021 as well as pretrial deadlines.
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`Respectfully submitted,
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`/s/ Brian E. Farnan
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`Brian E. Farnan
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`cc:
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`Counsel of Record (via E-File)
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