Case 2:16-cv-00693-RWS-RSP Document 424 Filed 11/07/17 Page 1 of 5 PageID #: 29962
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ALACRITECH, INC.,
`
`
`
`Plaintiff,
`
`Case No. 2:16-cv-693-RWS-RSP
`
`v.
`
`(LEAD CASE)
`
`CENTURYLINK COMMUNICATIONS,
`LLC, ET AL, WISTRON CORPORATION,
`ET AL., DELL INC.,
`
`Defendants,
`
`INTEL CORPORATION, CAVIUM, INC.,
`
`Intervenors.
`
`Case No. 2:16-cv-692-RWS-RSP
`
`Case No. 2:16-cv-695-RWS-RSP
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`JOINT MOTION REGARDING USE OF ACCUSED INSTRUMENTALITIES BY DELL
`INC.
`
`Plaintiff Alacritech, Inc. (“Alacritech”) and Defendant Dell Inc. (“Dell”) hereby
`
`collectively request, for the convenience of the parties and for the purpose of streamlining
`
`discovery in this action, that the Court grant their Joint Motion Regarding Use of Accused
`
`Instrumentalities by Dell Inc., and order that the following facts and issues are undisputed and
`
`admitted solely for the purposes of the above-captioned actions and suffice as evidence of the facts
`
`admitted herein for purposes of presentation at trial or with respect to any motion in the above-
`
`captioned cases, and agree to the granting of this Order as follows:
`
`1.
`
`Since June 2010, Dell has used and uses within the United States each of the Dell
`
`system-level products identified in the document produced by Dell in this action bearing the Bates
`
`number DELL_ALACRITECH_N-00004;
`
`2.
`
`Since June 2010, Dell has used and uses within the United States each of the Dell
`
`system-level products identified in DELL_ALACRITECH_N-00004 with at least one of the
`
`
`
`1
`
`INTEL EX. 1459.001
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ALACRITECH, INC.,
`
`
`
`Plaintiff,
`
`Case No. 2:16-cv-693-RWS-RSP
`
`v.
`
`(LEAD CASE)
`
`CENTURYLINK COMMUNICATIONS,
`LLC, ET AL, WISTRON CORPORATION,
`ET AL., DELL INC.,
`
`Defendants,
`
`INTEL CORPORATION, CAVIUM, INC.,
`
`Intervenors.
`
`Case No. 2:16-cv-692-RWS-RSP
`
`Case No. 2:16-cv-695-RWS-RSP
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`JOINT MOTION REGARDING USE OF ACCUSED INSTRUMENTALITIES BY DELL
`INC.
`
`Plaintiff Alacritech, Inc. (“Alacritech”) and Defendant Dell Inc. (“Dell”) hereby
`
`collectively request, for the convenience of the parties and for the purpose of streamlining
`
`discovery in this action, that the Court grant their Joint Motion Regarding Use of Accused
`
`Instrumentalities by Dell Inc., and order that the following facts and issues are undisputed and
`
`admitted solely for the purposes of the above-captioned actions and suffice as evidence of the facts
`
`admitted herein for purposes of presentation at trial or with respect to any motion in the above-
`
`captioned cases, and agree to the granting of this Order as follows:
`
`1.
`
`Since June 2010, Dell has used and uses within the United States each of the Dell
`
`system-level products identified in the document produced by Dell in this action bearing the Bates
`
`number DELL_ALACRITECH_N-00004;
`
`2.
`
`Since June 2010, Dell has used and uses within the United States each of the Dell
`
`system-level products identified in DELL_ALACRITECH_N-00004 with at least one of the
`
`
`
`1
`
`INTEL EX. 1459.001
`
`
`
`Case 2:16-cv-00693-RWS-RSP Document 424 Filed 11/07/17 Page 2 of 5 PageID #: 29963
`
`corresponding adapter-level products identified in sheets 1 and 2 of the document produced by
`
`Dell in this action bearing the Bates number DELL_ALACRITECH_N-00007;
`
`3.
`
`Since June 2010, the adapters identified in DELL_ALACRITECH_N-00007 have
`
`been and are utilized in the Dell products identified in DELL_ALACRITECH_N-00004 in the
`
`same relative proportion as Dell’s U.S. sales of the adapter-level products within each of the
`
`system-level products reflected in sheets 1 and 2 of the Dell document identified by Bates No.
`
`DELL_ALACRITECH_N-00007, as indicated in the document produced by Dell in this action
`
`bearing the Bates number DELL_ALACRITECH_N-00009;
`
`4.
`
`Since June 2010, Dell has used and uses within the United States the adapter-level
`
`products identified in DELL_ALACRITECH_N-00009;
`
`5.
`
`Since June 2010, Dell has used and uses within the United States each of the Dell
`
`system-level products identified in DELL_ALACRITECH_N-00004 with the system software
`
`identified in the document produced by Dell in this action bearing the Bates number
`
`DELL_ALACRITECH_N-00010 in the proportions identified in that document.
`
`6.
`
`Since June 2010, Dell’s configuration and installation of the installed NICs and
`
`system software in the Dell system-level products identified in DELL_ALACRITECH_N-00004
`
`is and has been according to the manufacturer default settings for each respective installed NIC
`
`and system software.
`
`
`
`DATED: November 7, 2017
`
`
`
`
`
`By: /s/ Michael J. Newton
`
`
`
`Michael J. Newton (TX Bar No. 24003844)
`Brady Cox (TX Bar No. 24074084)
`ALSTON & BIRD, LLP
`2828 North Harwood Street, 18th
`Floor
`Dallas, Texas 75201-2139
`Tel: (214) 922-3400
`
`
`
`2
`
`INTEL EX. 1459.002
`
`
`
`Case 2:16-cv-00693-RWS-RSP Document 424 Filed 11/07/17 Page 3 of 5 PageID #: 29964
`
`Fax: (214) 922-3899
`mike.newton@alston.com
`brady.cox@alston.com
`
`Deron R. Dacus (TX Bar No. 00790553)
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, Texas 75701
`(903) 705-1117
`(903) 581-2543 Fax
`ddacus@dacusfirm.com
`
`Kirk T. Bradley (NC Bar No. 26490)
`ALSTON & BIRD, LLP
`Bank of America Plaza
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280-4000
`Tel: (704) 444-1000
`Fax: (704) 444-1111
`
`Lindsey Yeargin (GA Bar No. 248608)
`Emily Chambers Welch (GA Bar No. 60
`6071)
`ALSTON & BIRD, LLP
`One Atlantic Center
`1201 West Peachtree St NW #4900
`Atlanta, GA 30309
`Tel: 404-881-7000
`Fax: 404-881-7777
`
`ATTORNEYS FOR DEFENDANT
`DELL INC.
`
`
`
`
`
`
`
`
`
`By: /s/ Joseph M. Paunovich
`Claude M. Stern
`California State Bar No. 96737
`claudestern@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, CA 94065
`Telephone: (650) 801-5000
`Facsimile: (650) 801-5100
`
`
`3
`
`
`
`
`
`
`
`
`
`
`INTEL EX. 1459.003
`
`
`
`Case 2:16-cv-00693-RWS-RSP Document 424 Filed 11/07/17 Page 4 of 5 PageID #: 29965
`
`Michael D. Powell
`mikepowell@quinnemanuel.com
`California State Bar No. 202850
`Michelle A. Clark
`michelleclark@quinnemanuel.com
`California State Bar No. 243777
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`Telephone: (415) 875-6600
`Facsimile: (415) 875-6700
`
`Joseph M. Paunovich
`joepaunovich@quinnemanuel.com
`California State Bar No. 228222
`Jordan Brock Kaericher
`California State Bar No. 265953
`jordankaericher@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`865 South Figueroa Street, 10th Floor
`Los Angeles, CA 90017
`Telephone: (213) 443-3000
`Facsimile: (213) 443-3100
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`jw@wsfirm.com
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`claire@wsfirm.com
`WARD & SMITH LAW FIRM
`1507 Bill Owens Parkway
`Longview, Texas 75604
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`
`ATTORNEYS FOR PLAINTIFF
`ALACRITECH, INC.
`
`
`
`
`
`
`
`
`
`
`
`4
`
`INTEL EX. 1459.004
`
`
`
`Case 2:16-cv-00693-RWS-RSP Document 424 Filed 11/07/17 Page 5 of 5 PageID #: 29966
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`
`document has been served on November 7, 2017 to all counsel of record who are deemed to have
`
`consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`
`
`Dated: November 7, 2017
`
`
`
`
`
`
`
`By:
`
`/s/ Iman Lordgooei
`
`
`
`
`
`
`
`
`
`
`
`5
`
`INTEL EX. 1459.005
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
