Case 2:12-cv-02829-JPM-tmp Document 54 Filed 07/19/13 Page 1 of 4 PageID 577
`Case 2:12—cv—O2829—JPM—tmp Document 54 Filed 07/19/13 Page 1 of 4 Page|D 577
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`B.E. TECHNOLOGY, L.L.C.,
`
`Plaintiff,
`
`v.
`
`MICROSOFT CORPORATION,
`
`Defendant.
`
`\./\y\y\y\J\/g/\/\/g
`
`Civil Action No. 2: 12-cv-2829 JPM-tmp
`
`
`
`JOINT MOTION AND SUPPORTING MEMORANDUM OF PLAINTIFF B.E.
`TECHNOLOGY, LLC AND DEFENDANT MICROSOFT CORPORATION TO
`MODIFY CERTAIN LOCAL PATENT RULES DEADLINES
`
`Plaintiff B.E. Technology, LLC (“plaintiff”) and defendant Microsoft Corp. (“Microsoft”
`
`or “defendant”) 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.
`
`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)).
`
`
`Case 2:12—cv—O2829—JPM—tmp Document 54 Filed 07/19/13 Page 1 of 4 Page|D 577
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`
`B.E. TECHNOLOGY, L.L.C.,
`
`Plaintiff,
`
`v.
`
`MICROSOFT CORPORATION,
`
`Defendant.
`
`\./\y\y\y\J\/g/\/\/g
`
`Civil Action No. 2: 12-cv-2829 JPM-tmp
`
`
`
`JOINT MOTION AND SUPPORTING MEMORANDUM OF PLAINTIFF B.E.
`TECHNOLOGY, LLC AND DEFENDANT MICROSOFT CORPORATION TO
`MODIFY CERTAIN LOCAL PATENT RULES DEADLINES
`
`Plaintiff B.E. Technology, LLC (“plaintiff”) and defendant Microsoft Corp. (“Microsoft”
`
`or “defendant”) 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.
`
`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)).
`
`
`
`Case 2:12-cv-02829-JPM-tmp Document 54 Filed 07/19/13 Page 2 of 4 PageID 578
`Case 2:12—cv—O2829—JPM—tmp Document 54 Filed 07/19/13 Page 2 of 4 Page|D 578
`
`The parties respectfully request the following modifications to the Local Patent Rules
`
`schedule, measured from the date of entry of the last Order granting or denying a pending motion
`
`to transfer venue in the respective B.E. Technology matters (the “Last Order”):
`
`Event
`
`Proposed Deadline
`
`30 days from the Last
`
`
`
`Original Deadline
`(per Local Patent Rules)
`
`LPR 3.3~3 .4 (28 days
`after Initial Infringement
`contentions)
`
`
`
`Initial Non-Infringement
`Contentions &
`
`Production
`
`Initial Invalidity and
`Unenforceability
`
`Contentions
`
`Prelim. ID of terms for
`construction
`
`65 Days after Last Order LPR 4.1(a) (95 days from
`Responsive Pleading)
`
`Validity and
`Enforceability
`
`Contentions
`
`102 Days after Last
`Order (i.e., 42 Days after
`Initial Invalidity &
`Unenforceability
`Contentions)
`
`3.7 (21 days after Initial
`Invalidity and
`Unenforceability
`Contentions)
`
`On January 7, 2013 Plaintiff served Initial Infringement Contentions. On January 28,
`
`2013, Microsoft filed an unopposed request for extension of time to serve Initial Non-
`
`Infringement Contentions and the accompanying Production. A stay of proceedings in the
`
`present matter was ordered on February 11, 2013. See Docket Entry #41. On July 16, 2013, the
`
`stay in the present action was lifted. See Docket Entry #53.
`
`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 the 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
`
`M BET 2355760 vl
`0-0 10/25/2012
`
`
`
`60 Days after Last Order
`
`
`
`LPR 3.5-3.6 (90 days
`from Responsive
`Pleading)
`
`
`
`
`
`
`
`
`Case 2:12-cv-02829-JPM-tmp Document 54 Filed 07/19/13 Page 3 of 4 PageID 579
`Case 2:12—cv—O2829—JPM—tmp Document 54 Filed 07/19/13 Page 3 of 4 Page|D 579
`
`#47 (June 19, 2013). The same modifications are being jointly requested in the proposed case
`
`schedule that is being submitted in advance of the July 26, 2013 case management conference.1
`
`atedz July 19’ 2013
`
`Respectfully submitted,
`
`By:s/ Bradley E. Trarnrnell
`Bradley E. Trammell (TN #13980)
`Adam Baldridge (TN #023488)
`Baker, Donelson, Bearman, Caldwell &
`Berkowitz, P.C.
`165 Madison Avenue, Suite 2000
`Memphis, TN 38103
`Telephone: 901.577.2121
`Email: btramrnell@bakerdonelson.com
`
`Kelly C. Hunsaker (Pro Hac Vice)
`Leeron G. Kalay (Pro Hac Vice)
`FISH & RICHARDSON P.C.
`
`500 Arguello Street, Suite 500
`Redwood City, CA 94063
`Telephone: (650) 839-5070
`hunsaker@fr.com
`ka1ay@fr.com
`
`Attorneys for Defendant
`MICROSOFT CORPORATION
`
`I This motion is submitted without prejudice to any modifications to the case schedule requested
`in the parties’ submission in advance of the July 26, 2013 case management conference
`3
`
`M BET 2355760 v1
`0-0 10/25/2012
`
`
`
`Case 2:12-cv-02829-JPM-tmp Document 54 Filed 07/19/13 Page 4 of 4 PageID 580
`Case 2:12—cv—O2829—JPM—tmp Document 54 Filed 07/19/13 Page 4 of 4 Page|D 580
`
`Dated: July 19, 2013
`
`By: s/ Daniel Weinbergz by permission
`Bradley E. Trammell
`Robert E. Freitas (CA Bar No. 80948)
`Craig R. Kaufman (CA Bar No. 159458)
`Daniel Weinberg (CA Bar No. 227159)
`Qudus B. Olaniran (CA Bar No. 267838)
`FREITAS TSENG & KAUFMAN LLP
`
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`Telephone: (650) 593-6300
`Facsimile:
`(650)593-6301
`rfreitas@ftklaw.com
`ckaufman@ftklaw.com
`jlin@ftklaw.com
`qolaniran@ftklaw.com
`
`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.
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 19, 2013 the foregoing document has been electronically
`
`filed using the Court's CM/ECF system which sent notification to all counsel of record.
`
`s/ Bradley E. Trarnmell
`
`M BET 2355760 v1
`0-0 10/25/2012
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