`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
`ROBOCAST, INC.,
`
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`
`
`
`
`
`
`Plaintiff and Counterclaim-
`Defendant,
`
`v.
`
`NETFLIX, INC.,
`
`
`Defendant and Counterclaim-
`Plaintiff.
`
`
`
`
`C.A. No. 22-305-JLH
`
`JURY TRIAL DEMANDED
`
`
`
`MOTION FOR TELECONFERENCE TO
`RESOLVE DISCOVERY DISPUTES
`
`Pursuant to paragraph 2(a) of the Amended Scheduling Order (D.I. 266) and the Stipulation
`
`and Order Regarding Objections to Expert Reports (D.I. 313), Plaintiff and Counterclaim-
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`Defendant Robocast, Inc. (“Robocast”) and Defendant and Counterclaim-Plaintiff Netflix, Inc.
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`(“Netflix”) respectfully move under the Court’s Discovery Dispute Procedure to schedule a
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`teleconference to address the following outstanding disputes:
`
`• Whether portions of the follow expert reports served by Netflix should be stricken as
`
`not complying with the rules relating to timely disclosure and/or exceed the scope of
`
`what is permitted in those reports:
`
`o Expert Report of Dr. Aviel D. Rubin on Invalidity of U.S. Patent Nos. 7,155,451;
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`8,606,819; 8,965,932, served by Netflix on June 14, 2024;
`
`o Expert Report of Aviel D. Rubin, Ph.D. Non-Infringement of U.S. Patent Nos.
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`7,155,451, 8,606,819, 8,965,932, served by Netflix on July 11, 2024;
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`1
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`RLF1 31408348v.1
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`Case 1:22-cv-00305-JLH Document 330 Filed 08/23/24 Page 2 of 4 PageID #: 16182
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`o Rebuttal Expert Report of Christopher A. Martinez with Respect to Damages,
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`served by Netflix on July 11, 2024; and
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`o Reply Expert Report of Dr. Aviel D. Rubin on Invalidity of U.S. Patent Nos.
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`7,155,451; 8,606,819; 8,965,932, served by Netflix on August 6, 2024.
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`• Whether portions of the following expert reports served by Robocast should be stricken
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`as not complying with the rules relating to timely disclosure and/or exceeding the scope
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`of what is permitted in those reports:
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`o Expert Reports of Dr. Kevin C. Almeroth Regarding Infringement of U.S.
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`Patent Nos. 7,155,451, 8,606,819, & 8,965,932, served on June 14, 2024 and
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`August 6, 2024;
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`o Expert Reports of Stephen A. Holzen, served on June 14, 2024 and August 6,
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`2024;
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`o Rebuttal Expert Report of Dr. Kevin C. Almeroth Regarding Validity of U.S.
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`Patent Nos. 7,155,451, 8,606,819, & 8,965,932, served on July 11, 2024; and
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`o Rebuttal Expert Report of Andrew Reisman, served on July 11, 2024.
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`These motions to strike are without prejudice to either party’s right to move to exclude any
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`portion of the experts’ opinions under Daubert in accordance with the case management order.
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`The following attorneys, including at least one Delaware Counsel and at least one Lead
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`Counsel per party, participated in verbal meet-and-confers by telephone on the following dates:
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`July 9, 2024 and August 19, 2024.
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`Delaware Counsel: Stephen B. Brauerman and Ronald P. Golden III (for Robocast); Kelly
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`E. Farnan and Sara M. Metzler (for Netflix)
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`Case 1:22-cv-00305-JLH Document 330 Filed 08/23/24 Page 3 of 4 PageID #: 16183
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`Lead Counsel: Steven J. Udick and Grant L. Johnson (for Robocast); Tara E. Elliott
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`(#4483), Rachel Weiner Cohen, Ashley M. Fry, Kimberly Q. Li, and Alessandra M. Schaszberger
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`(for Netflix)
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`Netflix respectfully requests that the Court hear the outstanding discovery disputes during
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`the September 5, 2024 in-person claim construction hearing (D.I. 303). Case dispositive motions
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`are due on September 26, 2024 (D.I. 266 ¶ 3), and the Court’s rulings on the above outstanding
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`discovery disputes could impact and/or narrow the issues addressed in the parties’ dispositive
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`motions.
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`Robocast respectfully requests that the Court hear the outstanding discovery disputes
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`during the week of September 23, 2024. Robocast does not believe a hearing on these disputes,
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`which are not related to the parties’ claim construction arguments, at the claim construction
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`hearing is warranted in light of expert depositions running until August 31, 2024 and the
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`intervening Labor Day holiday, which would further interfere with what would already be an
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`extremely compressed briefing timeline.
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`The parties anticipate following the briefing limits set forth in the parties’ prior stipulation
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`and Order (D.I. 313).
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`3
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`Case 1:22-cv-00305-JLH Document 330 Filed 08/23/24 Page 4 of 4 PageID #: 16184
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`/s/ Kelly E. Farnan
`Kelly E. Farnan (#4395)
`Sara M. Metzler (#6509)
`Richards, Layton & Finger, P.A.
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
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`Attorney for Defendant Netflix, Inc.
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`
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`/s/ Ronald P. Golden III
`Stephen B. Brauerman (#4952)
`Ronald P. Golden III (#6254)
`Bayard, P.A.
`600 North King Street, Suite 400
`Wilmington, DE 19801
`(302) 655-5000
`sbrauerman@bayardlaw.com
`rgolden@bayardlaw.com
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`Attorneys for Plaintiff Robocast, Inc.
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`Dated: August 23, 2024
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`RLF1 31408348v.1
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