`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CPC PATENT TECHNOLOGIES PTY
`LTD.,
`Plaintiff
`
`-v-
`HMD GLOBAL OY,
`Defendant.
`
`§
`§
`§
`§
`§
`§
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`§
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`CIVIL NO. 6:21-CV-00166-ADA
`
`DISCOVERY AND SCHEDULING ORDER
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`The Court hereby resolves a discovery dispute submitted to the Court by email.
`
`CPC seeks to compel HMD to supplement discovery responses related to products added
`
`late in the case. On June 21, 2022, HMD produced its licensing agreement with a third party that
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`lists twenty-three HMD smartphones that use the accused third-party technology. Until this time,
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`CPC could not have known the full list of HMD smartphones that utilize the third-party
`
`technology. Also, CPC seeks to add six smartphones only recently offered for sale on HDM’s
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`website.
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`CPC alleged infringement of the Nokia 9 PureView and any other “reasonably similar”
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`Nokia device. CPC previously made multiple representations that it understood only the Nokia 9
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`and Nokia 8.3 5G to be in the case, but CPC made these representations without knowing from the
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`third-party licensing agreement that other devices used the same accused technology. If HMD
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`were to produce additional discovery, HMD will need about four months.
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`After considering the parties submissions, it is hereby ORDERED the parties shall meet
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`and confer on a schedule extension by about four months and file a motion to enter an amended
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`scheduling order. These proposed scheduling order shall allow CPC to amend its contentions to
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`IPR2022-00602
`Apple EX1086 Page 1
`
`
`
`Case 6:21-cv-00166-ADA Document 65 Filed 07/22/22 Page 2 of 2
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`identify specific accused HMD products by name; to allow HMD to (i) gather responsive
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`information in its possession, custody, or control, and then supplement its discovery responses
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`accordingly, (ii) promptly identify relevant ODMs and suppliers for the newly accused products
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`so that CPC can seek third-party discovery from each as appropriate, and (iii) move for
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`supplemental amendments to invalidity contentions if necessitated by changes to CPC’s
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`infringement contentions; and to allow both parties to complete all outstanding noticed
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`depositions.
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`SIGNED this 22nd day of July, 2022.
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`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`IPR2022-00602
`Apple EX1086 Page 2
`
`
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