`
`Jay Berquist
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Ou, Philip <philipou@paulhastings.com>
`Tuesday, April 14, 2020 4:27 PM
`Don Jackson
`Chaikovsky, Yar R.; Yen, Bruce; gil@gillamsmithlaw.com; Jay Berquist; Walter D. Davis
`RE: IS/HTC - 4:20-CV-180-ALM (DJ Action) - Rule 26(f) conference
`
`*EXTERNAL EMAIL*
`Don – we weren’t planning on amending the complaint. I don’t think we have any obligation to do so, but if
`there is authority that you think requires us to do so if an allegation is arguably no longer relevant, we’re
`happy to consider it.
`
`When are you filing your answer? I believe the deadline has passed. Are you moving for leave or to extend
`your time?
`
`Also, are you still unavailable to have the Rule 26f conference today or will you free up later this afternoon
`after your meeting?
`
`Thanks,
`‐Phil
`
`From: Don Jackson <djackson@davidsonberquist.com>
`Sent: Tuesday, April 14, 2020 1:07 PM
`To: Ou, Philip <philipou@paulhastings.com>
`Cc: Chaikovsky, Yar R. <yarchaikovsky@paulhastings.com>; Yen, Bruce <bruceyen@paulhastings.com>;
`gil@gillamsmithlaw.com; Jay Berquist <jberquist@davidsonberquist.com>; Walter D. Davis
`<wdavis@davidsonberquist.com>
`Subject: [EXT] RE: IS/HTC ‐ 4:20‐CV‐180‐ALM (DJ Action) ‐ Rule 26(f) conference
`
`Phil,
`
`The complaint has lots of allegations relating to jurisdiction and/or venue in Virginia and why the case was brought
`there. Does HTC intend to file an amended complaint to streamline it and reflect that the case is in Texas? We intend to
`file an answer.
`
`Don
`
`From: Ou, Philip <philipou@paulhastings.com>
`Sent: Tuesday, April 14, 2020 3:02 PM
`To: Don Jackson <djackson@davidsonberquist.com>
`Cc: Chaikovsky, Yar R. <yarchaikovsky@paulhastings.com>; Yen, Bruce <bruceyen@paulhastings.com>;
`gil@gillamsmithlaw.com; Jay Berquist <jberquist@davidsonberquist.com>; Walter D. Davis
`<wdavis@davidsonberquist.com>
`Subject: RE: IS/HTC ‐ 4:20‐CV‐180‐ALM (DJ Action) ‐ Rule 26(f) conference
`
`
`*EXTERNAL EMAIL*
`
`1
`
`
`
`Case 4:20-cv-00180-ALM Document 48-2 Filed 05/16/20 Page 2 of 4 PageID #: 1790
`
`Don –
`
`The report is not due until the 24th.
`
`We don’t think the consolidated case schedule is necessarily applicable since the only issue is in the case is a
`claim for declaratory judgment that the 425 patent is invalid under 101.
`
`Also, I think you’re deadline to answer or otherwise respond to the complaint has passed. Did we miss that?
`
`But the deadline to have our Rule 26(f) meet and confer is today. If you are not available, are others?
`
`Phil
`
`From: Don Jackson <djackson@davidsonberquist.com>
`Sent: Tuesday, April 14, 2020 11:45 AM
`To: Ou, Philip <philipou@paulhastings.com>
`Cc: Chaikovsky, Yar R. <yarchaikovsky@paulhastings.com>; Yen, Bruce <bruceyen@paulhastings.com>;
`gil@gillamsmithlaw.com; Jay Berquist <jberquist@davidsonberquist.com>; Walter D. Davis
`<wdavis@davidsonberquist.com>
`Subject: [EXT] RE: IS/HTC ‐ 4:20‐CV‐180‐ALM (DJ Action) ‐ Rule 26(f) conference
`
`Phil,
`
`I’m in a meeting all afternoon. Can we use the report from the ‐752 case? The schedule we sent Judge Mazzant
`assumed all 3 cases were consolidated. Will that schedule work?
`
`Don
`
`Donald L. Jackson
`Davidson Berquist Jackson & Gowdey, LLP
`8300 Greensboro Dr., Suite 500
`McLean, Virginia 22102
`571.765.7700 general
`571.765.7703 direct
`571.765.7200 fax
`_______________________
`
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`
`From: Ou, Philip <philipou@paulhastings.com>
`Sent: Tuesday, April 14, 2020 2:08 PM
`To: Don Jackson <djackson@davidsonberquist.com>
`Cc: Chaikovsky, Yar R. <yarchaikovsky@paulhastings.com>; Yen, Bruce <bruceyen@paulhastings.com>;
`gil@gillamsmithlaw.com; Jay Berquist <jberquist@davidsonberquist.com>; Walter D. Davis
`<wdavis@davidsonberquist.com>
`Subject: IS/HTC ‐ 4:20‐CV‐180‐ALM (DJ Action) ‐ Rule 26(f) conference
`
`
`2
`
`
`
`Case 4:20-cv-00180-ALM Document 48-2 Filed 05/16/20 Page 3 of 4 PageID #: 1791
`
`*EXTERNAL EMAIL*
`
`Don,
`
`In the DJ action that was transferred to EDTX, the Order Governing Proceedings set a deadline for today for
`the parties to have a Rule 26(f) conference.
`
`Please let us know what time you are available.
`
`We can use my dial‐in:
`
`1‐800‐308‐2601
`Pc: 6503201858
`
`Thanks,
`Phil
`
`
`
`
`
`
`
`Philip Ou | Partner, Litigation Department
`Paul Hastings LLP | 1117 S. California Avenue, Palo Alto, CA 94304 | Direct: +1.650.320.
`| Main: +1.650.320.1800 | Fax: +1.650.320.1958 | philipou@paulhastings.com |
`www.paulhastings.com
`
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`Case 4:20-cv-00180-ALM Document 48-2 Filed 05/16/20 Page 4 of 4 PageID #: 1792
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