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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
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`B.E. TECHNOLOGY, L.L.C.,
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`Civil Action No. 2:12-cv-02767-SHM-cgc
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`JURY TRIAL DEMANDED
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`)))))))))))
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`Plaintiff,
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`Defendant.
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`AMAZON DIGITAL SERVICES, INC.,
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`UNOPPOSED MOTION (INCLUDING MEMORANDUM) TO ENLARGE TIME
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`Defendant Amazon Digital Services, Inc. respectfully moves the Court to enter the
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`accompanying proposed Order, enlarging the original time period for service of defendant’s
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`response to the summons and complaint in this action to the date certain of December 31, 2012.
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`As reflected in the Certificate of Consultation below, this requested enlargement of time is part
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`of an agreement worked out with plaintiff’s counsel for the purpose of achieving certain
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`consistencies in the schedules in multiple related patent infringement actions recently filed in this
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`Court. Pursuant to that same agreement between the parties, the proposed Order also provides
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`that the deadline for plaintiff’s initial patent infringement contentions and related document
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`production under Local Patent Rules 3.1 and 3.2 will be January 7, 2013. This measure is
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`included to prevent the seven-day period allowed for that infringement contention disclosure,
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`which runs from defendant’s response to the complaint, from overlapping with the holidays if
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`defendant’s response is filed prior to the requested deadline.
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`Case 2:12-cv-02767-SHM-cgc Document 17 Filed 10/31/12 Page 2 of 4 PageID 141
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`The plaintiff in this action filed a total of 19 patent infringement cases in this Court
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`between September 9 and October 2, 2012. Some of the cases are assigned to Judge Mays, and
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`some are assigned to Judge McCalla. The Magistrate Judge assignments in the cases likewise
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`vary between Judges Vescovo, Pham, and Claxton. Undersigned counsel is currently engaged as
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`local defense counsel in 9 of the cases. It is currently known that the defendants in at least some
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`of the other cases, although served on various different dates (if served yet at all), have moved or
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`will be moving for the same December 31 date-certain extension requested by defendant in this
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`instant motion. The similar motion in at least one of the cases has been granted. See B.E.
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`Technology, L.L.C. v. Pandora Media, Inc., No. 2:12-cv-02782-JPM-cgc, Doc. 14.
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`The relief requested is authorized by Fed.R.Civ.P. 6(b). Although the amount of
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`extension time requested is not insignificant, several factors are respectfully submitted to make it
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`reasonable. First, it does not cause the response date to greatly surpass the sixty-day period that
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`would have applied if plaintiff had elected the alternative to formal service allowed by Rule 4(d).
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`Second, as mentioned above, an extension of the same structure has been requested by
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`the defendants in at least half of the 18 other patent infringement actions filed by plaintiff in this
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`Court between September 7 and October 2. It now seems likely the same arrangement will be
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`requested in all 19 cases. The cases have varied filing dates, have or will have different dates of
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`service, and therefore different original response dates, and the arrangement proposed will create
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`the same date certain for defense responses (and subsequent events triggered thereby) in at least
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`many of the cases.
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`Third, with the impending holidays in late November and late December, the proposed
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`extension for defendant’s response is sufficient to prevent any interference from loss of work
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`days during that period.
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`Case 2:12-cv-02767-SHM-cgc Document 17 Filed 10/31/12 Page 3 of 4 PageID 142
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`Fourth, the corresponding fixation of plaintiff’s initial contention disclosure under LPR
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`3.1 and 3.2 at January 7, 2013, likewise avoids holiday interference with the seven-day deadline
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`for that, and will likewise result in at least some simplification of deadlines in other cases where
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`the defendant makes a motion similar to this one.
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`And last, but by no means least, substantial time is justified for defendant’s investigation
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`of the claims in the complaint, particularly to the extent that claims made by the plaintiff under
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`the same patents against the defendants in the 18 other cases turn out to be relevant in such
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`investigation.1
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`Respectfully submitted,
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`s/Glen G. Reid, Jr.
`Glen G. Reid, Jr. (#8184)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Drive, Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`greid@wyattfirm.com
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`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr. (#06389)
`WYATT, TARRANT & COMBS, LLP
`1715 Aaron Brenner Drive, Suite 800
`Memphis, TN 38120-4367
`Phone: 901.537.1000
`Facsimile: 901.537.1010
`mvorder-bruegge@wyattfirm.com
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`Attorneys for Defendant
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`1 / In making this motion, defendant does not imply any concession or contention at this time regarding
`any other issue that may arise with respect to the venue or management of this case or any similarity or
`difference between this case and any of the others filed by plaintiff. Without limiting the foregoing, this
`motion does not constitute a waiver of the non-joinder restrictions referred to in 35 U.S.C. 299(c).
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`Case 2:12-cv-02767-SHM-cgc Document 17 Filed 10/31/12 Page 4 of 4 PageID 143
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`CERTIFICATE OF CONSULTATION
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`The undersigned attorney for defendant hereby certifies that prior to the filing of the
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`foregoing motion, detailed consultation was held with Richard Carter, Esq., one of plaintiff’s
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`attorneys, and resulted in authorization to state that plaintiff agrees to the entry of the Order
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`proposed by this motion. Characterizations of the case, other cases, and similar matters
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`contained in the text of this motion itself are the statements of defense counsel, and are not
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`implied to be binding upon plaintiff or its counsel.
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`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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`CERTIFICATE OF SERVICE
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`The foregoing document was filed under the Court’s CM/ECF system, automatically
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`effecting service on counsel of record for all other parties who have appeared in this action on
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`the date of such service.
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`60277963.1
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`s/Mark Vorder-Bruegge, Jr.
`Mark Vorder-Bruegge, Jr.
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