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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
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`LOGANTREE LP
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`Plaintiff,
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`v.
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`GARMIN INTERNATIONAL, INC.,
`GARMIN USA, INC., and GARMIN, LTD.
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`Defendants.
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`CIVIL ACTION NO. 6:17-CV-01217
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`PLAINTIFF LOGANTREE’S REPLY IN SUPPORT OF ITS MOTION TO MODIFY, IN
`PART, THE AMENDED SCHEDULING ORDER
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`Good cause exists in this case to modify the deadline for LoganTree to produce its
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`infringement expert’s expert report. Under the Amended Scheduling Order, LoganTree was to
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`produce its infringement expert’s expert report on July 5, 2021. However, the issue relating to
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`whether Garmin must produce printouts of the source code for the offending products, an issue
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`that directly bears on LoganTree’s infringement expert’s expert report for the reasons previously
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`stated by LoganTree to the Court and opposing counsel, (see, e.g., Doc. 120-1), is currently
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`pending and the briefing relating to that matter will not be complete until July 14, 2021. As set
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`forth by LoganTree in its opening motion, good cause to amend a scheduling order exists when a
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`related motion is pending. That maxim is all the truer when the subject of the deadline to be
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`modified—here, the infringement expert’s expert report—is dependent upon the outcome of the
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`pending motion.
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`Regarding Garmin’s intimation that LoganTree’s request to modify the Amended
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`Scheduling Order in part is untimely, LoganTree would like to point out three things. First, while
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`it is true that Garmin stated in November 2019 that it would make the offending products’ source
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`code available for inspection, such inspection was to occur “at the offices of its outside counsel.”
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`Case 6:17-cv-01217-EFM-ADM Document 127 Filed 07/07/21 Page 2 of 3
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`(Doc. 124-1, p.7). Due to COVID 19, though, for a substantial amount of the 20 months cited by
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`Garmin, it was not feasible for lead counsel and/or their infringement expert—who are based in
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`California and Texas—to perform the desired inspection at Garmin’s outside counsel’s office,
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`which is why the parties ultimately agreed to a remote source code review in 2021. (See Doc. 114).
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`Second, the parties engaged in a second mediation shortly before the remote source code review
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`occurred. As an opportunity for settlement presented itself, LoganTree desired to have the second
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`mediation prior to the source code review occurring because the review and subsequent report
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`drafting is extremely expensive—likely costing between more than $60,000 to $100,000. Third,
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`LoganTree notified Garmin of its infringement expert’s need for the printout of the source code
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`on May 11, 2021—nearly two months before the infringement expert’s expert report was due.
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`After Garmin notified LoganTree on May 19, 2021 that it objected to LoganTree’s request, the
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`parties met and conferred to see if they could resolve their dispute, and, when their efforts proved
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`fruitless, they proceeded to contact the Court to receive its direction. Thus, LoganTree did not raise
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`issues related to LoganTree’s infringement expert’s report just days before the report was due;
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`rather, it raised the issues in early May and has been working to resolve them since then.
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`Respectfully submitted by:
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`FOULSTON SIEFKIN LLP
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`/s/Clayton J. Kaiser
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`Clayton J. Kaiser, Kansas Bar #24066
`Foulston Siefkin LLP
`1551 N. Waterfront Pkwy, Suite 100
`Wichita, Kansas 67206
`(316) 291-9539
`(866) 280-2532 FAX
`Email: ckaiser@foulston.com
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`and
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`Case 6:17-cv-01217-EFM-ADM Document 127 Filed 07/07/21 Page 3 of 3
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`MCCATHERN, PLLC
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`/s/ Christopher M. Barkley
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`Arnold Shokouhi, TX (pro hac vice)
`Christopher Barkley (pro hac vice)
`James E. Sherry, TX (pro hac vice)
`McCathern, PLLC
`3710 Rawlins Street, Suite 1600
`Dallas, TX 75219
`(214) 443-4478
`(214) 741-4717 FAX
`Email: arnolds@mccathernlaw.com
`Email: cbarkley@mccathernlaw.com
`Email: jsherry@mccathernlaw.com
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`Counsel for Plaintiffs
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`CERTIFICATE OF SERVICE
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`I hereby certify that on July 7, 2021, I electronically filed a copy of the foregoing document
`with the Clerk of the Court using the CM/ECF system, which will send notification of such filing
`to counsel of record for all parties in the case.
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`/s/Clayton J. Kaiser
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`Clayton J. Kaiser, #24066
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