Case 2:21-cv-00186-JRG-RSP Document 47 Filed 05/10/22 Page 1 of 5 PageID #: 607
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`JAWBONE INNOVATIONS, LLC,
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`Plaintiff,
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`v.
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00186-JRG
`§
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`§
`JURY TRIAL DEMANDED
`§
`§
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`§
`§
`§
`§
`§
`§
`§
`§
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`
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`Defendants.
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Pursuant to Local Patent Rule 4-3 and the Docket Control Order (Dkt. 38), the parties to
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`the above-captioned case provide the following Joint Claim Construction and Prehearing
`
`Statement regarding the asserted claims of U.S. Patent Nos. 7,246,058 (the “’058 patent”),
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`8,019,091 (the “’091 patent”), 8,280,072 (the “’072 patent”), 8,467,543 (the “’543 patent”),
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`8,503,691 (the “’691 patent”), 10,779,080 (the “’080 patent”), and 11,122,357 (the “’357 patent”).
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`In accordance with Patent Rule 4-2(c), the parties met and conferred for the purposes of narrowing
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`the issues and finalizing preparation of this Joint Claim Construction and Prehearing Statement.
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`I.
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`P.R. 4-3(a)(1) Agreed Constructions
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`The Parties’ Agreed-Upon Constructions are attached hereto as Exhibit A.
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`II.
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`P.R. 4-3(a)(2) Disputed Terms
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`Plaintiff’s proposed constructions, and identification of intrinsic and extrinsic evidence is
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`attached hereto as Exhibit B. Defendants’ proposed constructions, and identification of intrinsic
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`
`
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`JAWBONE INNOVATIONS, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:21-cv-00186-JRG
`§
`
`§
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Defendants.
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`Pursuant to Local Patent Rule 4-3 and the Docket Control Order (Dkt. 38), the parties to
`
`the above-captioned case provide the following Joint Claim Construction and Prehearing
`
`Statement regarding the asserted claims of U.S. Patent Nos. 7,246,058 (the “’058 patent”),
`
`8,019,091 (the “’091 patent”), 8,280,072 (the “’072 patent”), 8,467,543 (the “’543 patent”),
`
`8,503,691 (the “’691 patent”), 10,779,080 (the “’080 patent”), and 11,122,357 (the “’357 patent”).
`
`In accordance with Patent Rule 4-2(c), the parties met and conferred for the purposes of narrowing
`
`the issues and finalizing preparation of this Joint Claim Construction and Prehearing Statement.
`
`I.
`
`P.R. 4-3(a)(1) Agreed Constructions
`
`The Parties’ Agreed-Upon Constructions are attached hereto as Exhibit A.
`
`II.
`
`P.R. 4-3(a)(2) Disputed Terms
`
`Plaintiff’s proposed constructions, and identification of intrinsic and extrinsic evidence is
`
`attached hereto as Exhibit B. Defendants’ proposed constructions, and identification of intrinsic
`
`
`
`Case 2:21-cv-00186-JRG-RSP Document 47 Filed 05/10/22 Page 2 of 5 PageID #: 608
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`and extrinsic evidence is attached hereto as Exhibit C. Each party also reserves the right to cite to
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`intrinsic and/or extrinsic evidence cited by the other party.
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`III.
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`P.R. 4-3(a)(3) Anticipated Length of Time for the Claim Construction Hearing
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`The parties expect that 4 hours total, 2 hours per side, will provide sufficient time to
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`conduct the claim construction hearing.
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`IV.
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`P.R. 4-3(a)(4) Anticipated Witnesses at the Claim Construction Hearing
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`At the present time, no party proposes to call witnesses for live testimony at the claim
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`construction hearing
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`V.
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`P.R. 4-3(a)(5) Other Issues to be Addressed at the Claim Construction Hearing
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`The parties are not presently aware of any issues which might be taken up at a prehearing
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`conference prior to the Claim Construction Hearing.
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`VI.
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`P.R. 4-3(b) Service of Expert Testimony
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`In accordance with Patent Rule 4-3(b) the parties will each, simultaneous with this filing,
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`serve a disclosure of expert testimony consistent with Fed. R. Civ. P. 26(a)(2)(B)(i)-(ii) or
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`26(a)(2)(C) for any expert on which it intends to rely to support its proposed claim construction or
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`indefiniteness position or to oppose any other party’s proposed claim construction or indefiniteness
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`position.
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`Dated: May 10, 2022
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`Respectfully submitted,
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`/s/ Peter Lambrianakos
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`
`2
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`Case 2:21-cv-00186-JRG-RSP Document 47 Filed 05/10/22 Page 3 of 5 PageID #: 609
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`Richard M. Cowell
`NY Bar No. 4617759
`Email: rcowell@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
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`ATTORNEYS FOR PLAINTIFF
`JAWBONE INNOVATIONS, LLC
`
` /s/ Jin-Suk Park (with permission)
`Jin-Suk Park
`Email: jin.park@arnoldporter.com
`Paul Margulies
`Email: paul.margulies@arnoldporter.com
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001-3743
`Telephone: (202) 942-5000
`Facsimile: (202) 942-5555
`
`
`Patrick C. Reidy
`Email: patrick.reidy@arnoldporter.com
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`70 West Madison Street, Suite 4200
`Chicago, IL 60602
`Telephone: (312) 583-2424
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`Case 2:21-cv-00186-JRG-RSP Document 47 Filed 05/10/22 Page 4 of 5 PageID #: 610
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`Facsimile: (312) 583-2360
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`Ryan M. Nishimoto
`Email: ryan.nishimoto@arnoldporter.com
`ARNOLD & PORTER KAYE
`SCHOLER LLP
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017
`Telephone: (213) 243-4000
`Facsimile: (213) 243-4199
`
`Melissa R. Smith
`Email: melissa@gillamsmithlaw.com
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
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`ATTORNEYS FOR DEFENDANTS
`SAMSUNG ELECS. CO., LTD. AND
`SAMSUNG ELECS. AMERICA, INC.
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`Case 2:21-cv-00186-JRG-RSP Document 47 Filed 05/10/22 Page 5 of 5 PageID #: 611
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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 May 10, 2022.
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`/s/ Peter Lambrianakos
` Peter Lambrianakos
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`CERTIFICATE OF CONFERENCE
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`I hereby certify that counsel for Plaintiff and counsel for Defendants have conferred
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`regarding the foregoing Joint Claim Construction and Prehearing Statement.
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`Dated: May 10, 2022
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`/s/ Peter Lambrianakos
` Peter Lambrianakos
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