`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`
`ADVANCED CODING TECHNOLOGIES
`LLC,
`
`
`Plaintiff,
`
`
`Case No. 2:24-cv-00353
`
`JURY TRIAL DEMANDED
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`JOINT MOTION TO AMEND THE DOCKET CONTROL ORDER
`
`
`
`v.
`
`
`GOOGLE LLC,
`
`
`Defendant.
`
`Plaintiff Advanced Coding Technologies LLC (“ACT” or “Plaintiff”) and Defendant
`
`Google LLC (“Google” or “Defendant”) (collectively “the Parties") respectfully submit this Joint
`
`Motion to Amend the Court’s September 23, 2024 Second Amended Docket Control Order. ECF
`
`No. 39. Specifically, Google raised issues regarding ACT’s October 3, 2024 Infringement
`
`Contentions. Without conceding its Infringement Contentions were insufficient, ACT agreed to
`
`supplement its Infringement Contentions to address the issues raised by Google. Accordingly, the
`
`Parties agree ACT will supplement its Infringement Contentions with clarifications regarding
`
`indirect infringement, claim limitations governed by 35 U.S.C. § 112(6), and Accused Products on
`
`or before December 6, 2024, and also supplement its Infringement Contentions with additional
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`publicly available AV1 encoder / decoder source code on or before December 20, 2024.1 The
`
`Parties request these deadlines for Plaintiff to supplement its compliance with P.R. 3-1 and 3-2
`
`
`1 This agreement is without prejudice to Google’s ability to raise any issues with ACT’s
`supplemental infringement contentions, including if ACT’s supplemental infringement
`contentions go beyond the agreed-upon scope of the supplemental infringement contentions.
`1
`
`
`
`
`
`Case 2:24-cv-00353-JRG Document 45 Filed 12/04/24 Page 2 of 3 PageID #: 818
`
`
`
`(Infringement Contentions) as to U.S. Patent Nos. 8,090,025, 9,986,303, 10,218,995, 9,042,448,
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`8,230,101, and 7,804,891. The Parties also agreed upon and request a related extension of time for
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`Defendant to comply with P.R. 3-3 & 3-4 (Invalidity Contentions and Accompanying Document
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`Production) and the Standing Order Regarding Subject-Matter Eligibility Contentions for U.S.
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`Patent Nos. 8,090,025, 9,986,303, 10,218,995, 9,042,448, 8,230,101, and 7,804,891 from
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`December 12, 2024 to January 23, 2025. A proposed order is attached for the Court’s use.
`
`
`
`
`
`Dated: December 4, 2024
`
`By: /s/ Michael E. Jones, with permission
`from Douglas E. Lumish
`
`Douglas E. Lumish
`Linfong Tzeng
`LATHAM & WATKINS LLP
`140 Scott Drive
`Silicon Valley, CA 94025
`Tel: (650) 328-4600
`Fax: (650) 463-2600
`doug.lumish@lw.com
`linfong.Tzeng@lw.com
`Doug.lumish@lw.com
`Linfong.Tzeng@lw.com
`Patricia Young
`LATHAM & WATKINS LLP
`1271 Avenue of the Americas
`New York, NY 10020
`Tel: (212) 906-1200
`Fax: (212) 751-4864
`patricia.young@lw.com
`
`Joseph H. Lee
`LATHAM & WATKINS LLP
`650 Town Center Drive, 20th Floor
`Costa Mesa, CA 92626
`Tel: (714) 540-1235
`Fax: (714) 755-8290
`joseph.lee@lw.com
`
`
`
`
`By: /s/ Michael E. Jones, with permission
`from 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
`Joseph M. Mercadante
`NY Bar No. 4784930
`Email: jmercadante@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 Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas Bar No. 24012906
`jtruelove@mckoolsmith.com
`
`
`
`
`
`2
`
`
`
`Case 2:24-cv-00353-JRG Document 45 Filed 12/04/24 Page 3 of 3 PageID #: 819
`
`
`
`
`
`Michael E. Jones (State Bar No. 10929400)
`mikejones@potterminton.com
`Shaun W. Hassett (State Bar No. 24074372)
`shaun.hassett@potterminton.com
`POTTER MINTON, P.C.
`102 North College, Suite 900
`Tyler, Texas 75702
`(903) 597-8311
`(903) 593-0846 facsimile
`
`Attorneys for Defendant
`
`
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`Attorneys for Plaintiff
`
`
`CERTIFICATE OF CONFERENCE
`
`The undersigned hereby certifies that all counsel of record have met and conferred in
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`accordance with CV-7(h) and that this motion is unopposed.
`
`
`
`
`
`/s/ Michael E. Jones, with permission
`from Peter Lambrianakos
`
`3
`
`
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