`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`MAXELL LTD.,
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`Plaintiff,
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`
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`
`
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`v.
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`APPLE INC,
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`
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`
`
`
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`Defendant.
`
`
`
`
`CIVIL ACTION NO. 5:19-CV-00036-RWS
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`
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`
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`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
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`ORDER
`
`Apple filed a Motion to Compel Infringement Contentions Compliant with Local Rule 3-
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`1(g) (Docket No. 123). The Court heard arguments on the motion on January 8, 2020. In its
`
`opposition brief and in the hearing on the motion, Plaintiff Maxell asserted that Apple’s production
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`of source code is incomplete and, therefore, that its deadline to provide supplemental infringement
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`contentions under Rule 3-1(g) has not passed. Apple asserted that its production of source code is
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`complete.
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`The deadline to comply with P.R. 3-1(g) does not run “until 30 days after source code
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`production for each accused instrumentality is produced by the opposing party.” Docket No. 42
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`at 2. As such, the Court finds it appropriate to resolve the parties’ discovery dispute before ruling
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`on the motion. The parties are therefore
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`ORDERED to meet and confer and attempt to resolve this discovery dispute. The parties
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`shall file a joint notice, no later than February 1, 2020, informing the Court whether the dispute
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`has been resolved. If the parties cannot reach agreement, the parties shall describe the specific
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`issues in dispute, and, if necessary, the plaintiff may file an appropriate motion to compel.
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`
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`Case 5:19-cv-00036-RWS Document 184 Filed 01/16/20 Page 2 of 2 PageID #: 8002
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`Page 2 of 2
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`.
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`____________________________________
`ROBERT W. SCHROEDER III
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 16th day of January, 2020.
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`
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