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Case 2:12-cv-02827-JPM-tmp Document 45 Filed 07/25/13 Page 1 of 5 PageID 267
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`
`Civil Action No. 12-cv-02826-JPM-
`tmp
`
`
`
`
`
`Civil Action No. 12-cv-02827-JPM-
`tmp
`
`
`
`
`
`Civil Action No. 12-cv-02828-JPM-
`tmp
`
`
`
`B.E. Technology, L.L.C.,
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`Sony Computer Entertainment America,
`LLC,
`
`
`
`
`
`Defendant.
`
`B.E. Technology, L.L.C.,
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`Sony Mobile Communications (USA) Inc.,
`
`
`
`
`
`Defendant.
`
`B.E. Technology, L.L.C.,
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`Sony Electronics Inc.
`
`
`
`
`
`Defendant.
`
`
`JOINT MOTION AND SUPPORTING MEMORANDUM OF PLAINTIFF B.E.
`TECHNOLOGY, LLC AND DEFENDANTS SONY COMPUTER
`ENTERTAINMENT AMERICA, LLC, SONY MOBILE COMMUNICATIONS
`(USA) INC. AND SONY ELECTRONICS INC. TO MODIFY CERTAIN LOCAL
`PATENT RULES DEADLINES
`
`
`
`

`
`Case 2:12-cv-02827-JPM-tmp Document 45 Filed 07/25/13 Page 2 of 5 PageID 268
`
`
`
`Plaintiff B.E. Technology, LLC (“plaintiff”) and defendants. Sony Computer
`
`Entertainment America, LLC, Sony Mobile Communications (USA) Inc. and Sony Electronics
`
`Inc. (“Sony” or “defendants”) jointly move the Court to enter the accompanying proposed Order,
`
`modifying the deadlines for four events under the Local Patent Rules (LPR’s) in this action. The
`
`same modifications are being jointly requested in the proposed case schedule that has been
`
`submitted at the Court’s direction for the July 26, 2013 initial case management conference.
`
`Specifically, the parties move to modify deadlines for (a) service of non-infringement
`
`contentions as well as the production of related documents (LPR 3.3-3.4); (b) service of
`
`invalidity and unenforceability contentions and production of related documents (LPR 3.5-3.6);
`
`(c) service of validity and enforceability contentions (LPR 3.7); (d) and the parties’ exchange of
`
`preliminary patent claim terms to be construed (LPR 4.1(a)).
`
`The parties respectfully request the following modifications to the Local Patent Rules
`
`schedule, measured from July 19, 2013, the date of entry of the last Order ruling on a motion to
`
`transfer venue in the respective B.E. Technology matters (the “Last Order”),:
`
`
`
`
`2
`
`

`
`Case 2:12-cv-02827-JPM-tmp Document 45 Filed 07/25/13 Page 3 of 5 PageID 269
`
`
`
`
`Event
`
`Proposed Deadline
`
`Initial Non-Infringement
`Contentions &
`Production 
`Initial Invalidity and
`Unenforceability
`Contentions 
`Prelim. ID of terms for
`construction 
`Validity and
`Enforceability
`Contentions 
`
`August 19, 2013 (30 days
`from the Last Order) 
`
`September 17, 2013 (60
`Days after Last Order) 
`
`September 23, 2013 (65
`Days after Last Order) 
`October 29, 2013 (102
`Days after Last Order
`(i.e., 42 Days after Initial
`Invalidity &
`Unenforceability
`Contentions)) 
`
`Original Deadline
`(per Local Patent Rules)
`LPR 3.3-3.4 (28 days
`after Initial Infringement
`contentions) 
`LPR 3.5-3.6 (90 days
`from Responsive
`Pleading) 
`LPR 4.1(a) (95 days from
`Responsive Pleading) 
`3.7 (21 days after Initial
`Invalidity and
`Unenforceability
`Contentions) 
`
` 
`
`On January 7, 2013 Plaintiff served Initial Infringement Contentions. A stay of
`
`proceedings in the present matter was ordered on February 11, 2013. See Docket Entry Nos. 30,
`
`31 and 35 in the respective dockets captioned above. On July 19, 2013, the stay in the present
`
`action was lifted. See Docket Entry Nos. 39, 40, and 44.
`
`The present modifications are requested to harmonize the schedules in the co-pending
`
`B.E. Technology matters. The parties’ request is consistent with modifications jointly requested
`
`by plaintiff and other defendants in previous motions in co-pending B.E. Technology matters
`
`before this Court. See, e.g., B.E. Technology, LLC v. Google Inc., Case No. 2:12-cv-02830-
`
`JPM-tmp, Docket Entry #47 (June 19, 2013). As noted above, the same modifications are being
`
`jointly requested in the proposed case schedule that has been submitted at the Court’s direction
`
`for the July 26, 2013 initial case management conference.
`
`
`
`
`3
`
`

`
`Case 2:12-cv-02827-JPM-tmp Document 45 Filed 07/25/13 Page 4 of 5 PageID 270
`
`
`Respectfully submitted,
`
`/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
`
`
`
`/s/ Mark Vorder-Bruegge, Jr. (per Consent
`GGR)
`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
`
`
`s/ Richard M. Carter (per Consent GGR)
`Richard M. Carter (TN B.P.R. #7285)
`Adam C. Simpson (TN B.P.R. #24705)
`MARTIN, TATE, MORROW & MARSTON, P.C.
`6410 Poplar Avenue, Suite 1000
`Memphis, TN 38119-4839
`Telephone: (901) 522-9000
`Facsimile: (901) 527-3746
`rcarter@martintate.com
`asimpson@martintate.com
`
`
`Attorneys for Plaintiff
`B.E. Technology, L.L.C.
`
`
`
`
`
`4
`
`OF COUNSEL
`
`/s/ John Flock (per Consent GGR))_
`John Flock
`jflock@kenyon.com
`Michael E. Sander
`msander@kenyon.com
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`212.425.7200
`
`Attorneys for Defendants Sony Computer
`Entertainment America LLC, Sony Mobile
`Communications (USA) Inc., and Sony
`Electronics Inc.
`
`
`
`
`
`
`

`
`Case 2:12-cv-02827-JPM-tmp Document 45 Filed 07/25/13 Page 5 of 5 PageID 271
`
`
`CERTIFICATE OF SERVICE
`
`The foregoing document was filed under the Court’s CM/ECF system, automatically
`
`effecting service on counsel of record for all other parties who have appeared in this action on
`
`the date of such service.
`
`
`
`
`
`/s/Glen G. Reid Jr.
`Glen G. Reid, , Jr.
`
`
`
`60420714.2
`
`
`
`
`5

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