Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 1 of 8 PageID #: 2438
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
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`DEFENDANTS’ RESPONSE TO BLITZSAFE’S MOTION FOR LEAVE TO EXCEED
`PAGE LIMITATIONS
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`Defendants do not oppose Blitzsafe’s Motion for Leave to Exceed Page Limitations (Dkt.
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`BLITZSAFE TEXAS, LLC,
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`Plaintiff,
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`v.
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`HONDA MOTOR CO., LTD.; AMERICAN
`HONDA MOTOR CO., INC.; HONDA OF
`AMERICA MFG., INC.; HONDA
`MANUFACTURING OF ALABAMA, LLC;
`AND HONDA MANUFACTURING OF
`INDIANA, LLC,
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`Defendants.
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`NO. 2:15-CV-01274 (LEAD CASE)
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`107), but Defendants file this response to correct statements made by Blitzsafe to the Court.
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`Blitzsafe’s representation in foot note 1 of its motion is inaccurate. Blitzsafe and Defendants
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`agreed that Defendants would not oppose Blitzsafe requesting the same number of excess pages
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`for its reply brief that Defendants requested for their responsive claim construction brief. See
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`5/27/2016 Email from J. Beauchamp to P. Lambrianakos, attached as Exhibit A. On May 27,
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`Defendants filed their responsive claim construction brief and a motion for leave to exceed their
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`page limitations by two (2) pages. Dkts. 101, 102.
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`On the morning of the day Blitzsafe’s reply brief was due to be filed, Blitzsafe asked if
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`Defendants would oppose five excess pages. Counsel for the Defendants reminded Blitzsafe that
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`their previous agreement was that Defendants would remain unopposed to Blitzsafe requesting
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
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`DEFENDANTS’ RESPONSE TO BLITZSAFE’S MOTION FOR LEAVE TO EXCEED
`PAGE LIMITATIONS
`
`Defendants do not oppose Blitzsafe’s Motion for Leave to Exceed Page Limitations (Dkt.
`
`BLITZSAFE TEXAS, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`HONDA MOTOR CO., LTD.; AMERICAN
`HONDA MOTOR CO., INC.; HONDA OF
`AMERICA MFG., INC.; HONDA
`MANUFACTURING OF ALABAMA, LLC;
`AND HONDA MANUFACTURING OF
`INDIANA, LLC,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`NO. 2:15-CV-01274 (LEAD CASE)
`
`107), but Defendants file this response to correct statements made by Blitzsafe to the Court.
`
`Blitzsafe’s representation in foot note 1 of its motion is inaccurate. Blitzsafe and Defendants
`
`agreed that Defendants would not oppose Blitzsafe requesting the same number of excess pages
`
`for its reply brief that Defendants requested for their responsive claim construction brief. See
`
`5/27/2016 Email from J. Beauchamp to P. Lambrianakos, attached as Exhibit A. On May 27,
`
`Defendants filed their responsive claim construction brief and a motion for leave to exceed their
`
`page limitations by two (2) pages. Dkts. 101, 102.
`
`On the morning of the day Blitzsafe’s reply brief was due to be filed, Blitzsafe asked if
`
`Defendants would oppose five excess pages. Counsel for the Defendants reminded Blitzsafe that
`
`their previous agreement was that Defendants would remain unopposed to Blitzsafe requesting
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`1
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`Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 2 of 8 PageID #: 2439
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`an equal number of excess pages, which was two pages. Counsel for Defendants stated that
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`although Defendants ultimately may not oppose Blitzsafe’s request of five pages, Defendants’
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`counsel needed time to confer with their respective clients, some of whom were overseas and
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`unable to respond before Blitzsafe’s filing deadline. Accordingly, Defendants’ counsel
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`requested that Blitzsafe style its motion as an opposed motion. Defendants have since had an
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`opportunity to consider Blitzsafe’s motion and do not oppose the five additional pages.
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`Defendants have not “refused to provide Blitzsafe with the same courtesy” of agreeing to two
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`excess pages, as Blitzsafe alleges; rather, Defendants have gone beyond the scope of the parties’
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`original agreement to remain unopposed to five extra pages for Blitzsafe to respond to issues that
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`Blitzsafe was long aware Defendants would raise in their brief.1
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`1 Blitzsafe complains that Defendants raised the issues of collateral estoppel and indefiniteness
`for the first time in its brief. Mot. at 2. But Blitzsafe knew that Defendants intended to raise
`indefiniteness arguments when it expressly declined Defendants’ early offer for an alternative
`briefing proposal where Defendants would file a separate opening brief for indefiniteness issues
`on which they had the burden of proof. See 5/3/2016 Email from J. Beauchamp to P.
`Lambrianakos, attached as Exhibit B; see also Defendants’ P.R. 4-2 Disclosures at 3, attached as
`Exhibit C.
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`2
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`Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 3 of 8 PageID #: 2440
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`Dated: June 9, 2016
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`Respectfully submitted,
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`/s/ Joseph M. Beauchamp
`Joseph M. Beauchamp
`Texas State Bar No. 24012266
`Email: jmbeauchamp@jonesday.com
`H. Albert Liou
`Texas State Bar No. 24061608
`Email: aliou@jonesday.com
`Erin C. Dickerman 24087358
`Texas State Bar No.
`Email: edickerman@jonesday.com
`JONES DAY
`717 Texas Street, Suite 3300
`Houston, Texas 77002-2712
`Telephone: (832) 239-3939
`Facsimile: (832) 239-3600
`
`Joseph Melnik
`California State Bar No. 255601
`Email: jmelnik@jonesday.com
`JONES DAY
`1755 Embarcadero Road
`Palo Alto, California 94303
`Telephone: (650) 739-3939
`Facsimile: (650) 739-3900
`
`Randy Akin
`Texas State Bar No. 00954900
`Email: gra@randyakin.com
`G.R. (Randy) Akin, P.C.
`3400 W. Marshall Avenue, Suite 300
`Longview, Texas 75604
`Telephone: (903) 297-8929
`Facsimile: (903) 297-9046
`
`ATTORNEYS FOR DEFENDANTS
`AMERICAN HONDA MOTOR CO., INC.;
`HONDA OF AMERICA MFG., INC.;
`HONDA MANUFACTURING OF
`ALABAMA, LLC; AND HONDA
`MANUFACTURING OF INDIANA, LLC
`
`
`
`
`
`3
`
`
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`Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 4 of 8 PageID #: 2441
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`/s/ Patrick S. Park
`Paul R. Steadman
`Illinois Bar No. 6238160
`paul.steadman@dlapiper.com
`Matthew D. Satchwell
`Illinois Bar No. 6290672
`matthew.satchwell@dlapiper.com
`DLA PIPER LLP
`203 N. LaSalle St., Suite 1900
`Chicago, IL 60601-1293
`Telephone: 312.368.2111
`Facsimile: 312.236.7516
`
`Patrick S. Park
`California Bar No. 246348
`patrick.park@dlapiper.com
`DLA PIPER LLP
`20000 Avenue of the Stars, Suite 400
`North Tower
`Los Angeles, CA 90067
`Telephone: 310.595.3000
`Facsimile: 310.595.3300
`
`ATTORNEYS FOR DEFENDANTS
`HYUNDAI MOTOR AMERICA,
`HYUNDAI MOTOR MANUFACTURING
`ALABAMA, LLC, KIA MOTORS
`AMERICA, INC., and KIA MOTORS
`MANUFACTURING GEORGIA, INC.
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`4
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`Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 5 of 8 PageID #: 2442
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`/s/ Sean N. Hsu
`Jeffrey S. Patterson
`Texas Bar No. 15596700
`jpatterson@hdbdlaw.com
`Sean N. Hsu
`Texas Bar No. 24056952
`shsu@hdbdlaw.com
`Theresa M. Dawson
`Texas Bar No. 24065128
`tdawson@hdbdlaw.com
`HARTLINE DACUS BARGER DREYER
`LLP
`8750 North Central Expressway
`Suite 1600
`Dallas, Texas 75231
`Telephone: (214) 369-2100
`Facsimile: (214) 369-2118
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`ATTORNEYS FOR DEFENDANTS
`NISSAN NORTH AMERICA, INC. and
`NISSAN MOTOR CO., LTD.
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`5
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`Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 6 of 8 PageID #: 2443
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`/s/ William H. Mandir
`J. Thad Heartfield
`Texas Bar No. 09346800
`thad@heartfieldlawfirm.com
`THE HEARTFIELD LAW FIRM
`2195 Dowlen Road
`Beaumont, TX 77706
`Telephone: (409) 866-3318
`Facsimile: (409) 866-5789
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`William H. Mandir (pro hac vice)
`wmandir@sughrue.com
`John F. Rabena (pro hac vice)
`jrabena@sughrue.com
`Brian K. Shelton (pro hac vice)
`bshelton@sughrue.com
`Fadi N. Kiblawi (pro hac vice)
`fkiblawi@sughrue.com
`Margaret M. Welsh (pro hac vice)
`mwelsh@sughrue.com
`SUGHRUE MION PLLC
`2100 Pennsylvania Avenue, NW
`Washington, DC 20037
`Telephone: (202) 293-7600
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`ATTORNEYS FOR DEFENDANTS
`TOYOTA MOTOR CORPORATION,
`TOYOTA MOTOR SALES U.S.A., INC.,
`TOYOTA MOTOR MANUFACTURING,
`TEXAS, INC., TOYOTA MOTOR
`MANUFACTURING KENTUCKY, INC.,
`and TOYOTA MOTOR
`MANUFACTURING MISSISSIPPI, INC.
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`6
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`Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 7 of 8 PageID #: 2444
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`/s/ Sheila Mortazavi
`Deron R. Dacus
`Texas State Bar No. 00790553
`Peter A. Kerr
`Texas State Bar No. 24076478
`THE DACUS FIRM, P.C.
`821 ESE Loop 323
`Suite 430
`Tyler, TX 75701
`Telephone: (903) 705-1117
`Facsimile: (903) 705-1117
`Email: ddacus@dacusfirm.com
`Email: pkerr@dacusfirm.com
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`Michael J. Lennon (admitted pro hac vice)
`Sheila Mortazavi (admitted pro hac vice)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Telephone: (212) 425-7200
`Facsimile: (212) 425-5288
`Email: mlennon@kenyon.com
`Email: smortazavi@kenyon.com
`
`Susan A. Smith (admitted pro hac vice)
`KENYON & KENYON LLP
`1500 K Street, N.W.
`Washington D.C. 20005
`Telephone: (202) 220-4200
`Facsimile: (202) 220-4201
`Email: ssmith@kenyon.com
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`ATTORNEYS FOR DEFENDANTS
`VOLKSWAGEN GROUP OF AMERICA,
`INC. AND VOLKSWAGEN GROUP OF
`AMERICA CHATTANOOGA
`OPERATIONS, LLC
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`Case 2:15-cv-01274-JRG-RSP Document 110 Filed 06/09/16 Page 8 of 8 PageID #: 2445
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3) on June 9, 2016.
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`/s/ Joseph M. Beauchamp
`Joseph M. Beauchamp
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`8
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