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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`Plaintiff
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`Civil Action NO. 5:19-cv-00036-RWS
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`v.
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`APPLE INC.,
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`JURY TRIAL DEMANDED
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`Defendant.
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`APPLE INC.’S UNOPPOSED MOTION TO EXCEED THE PAGE LIMIT
`AND SUBMIT A CHART IN RESPONSE TO THE CHART
`SUBMITTED BY MAXELL IN EXCESS OF THE PAGE LIMIT
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`Attached to Maxell’s Reply Brief in support of its motion for sanctions is ten pages of
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`arguments disguised as an “Appendix.” D.I. 241-14. Maxell did not move for leave to treble the
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`five-page limit for replies. Local Rule CV-7(a)(2). While courts routinely reject such efforts to
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`exceed page limits, see, e.g., Dkt. No. 76 at 5, LBS Innovation, LLC v. Apple Inc., Case No. 2:19-
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`cv-00119-JRG-RSP (E.D. Tex. March 24, 2020) (striking 11 pages of argumentative exhibits
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`attached to brief), in the interest of conserving the court’s resources, Apple respectfully seeks
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`leave of Court to file a responsive chart (Exhibit A hereto) to be considered with its sur-reply to
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`Maxell’s motion for sanctions. The parties met and conferred, and Maxell indicated that it does
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`not oppose Apple’s request.
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`Case 5:19-cv-00036-RWS Document 261 Filed 04/02/20 Page 2 of 3 PageID #: 9774
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`March 31, 2020
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`/s/ Luann L. Simmons
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`
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`Luann L. Simmons (Pro Hac Vice)
`lsimmons@omm.com
`O’MELVENY & MYERS LLP
`Two Embarcadero Center
`28th Floor
`San Francisco, CA 94111
`Telephone: 415-984-8700
`Facsimile: 415-984-8701
`
`Xin-Yi Zhou (Pro Hac Vice)
`vzhou@omm.com
`O’MELVENY & MYERS LLP
`400 S. Hope Street
`Los Angeles, CA 90071
`Telephone: 213-430-6000
`Facsimile: 213-430-6407
`
`Laura Bayne Gore (Pro Hac Vice)
`lbayne@omm.com
`O’MELVENY & MYERS LLP
`Times Square Tower, 7 Times Square
`New York, NY 10036
`Telephone: 212-326-2000
`Facsimile: 212-326-2061
`
`Melissa R. Smith (TX #24001351)
`melissa@gilliamsmithlaw.com
`GILLIAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
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`Attorneys for Defendant Apple Inc.
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`1
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`Case 5:19-cv-00036-RWS Document 261 Filed 04/02/20 Page 3 of 3 PageID #: 9775
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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 March 31, 2020.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`CERTIFICATE OF CONFERENCE
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`On March 31, 2020, pursuant to Local Rule CV-7(h), counsel for Defendants met and
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`conferred with counsel for Plaintiff, and counsel for Plaintiff indicated that Plaintiff is not opposed
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`to the relief sought by this Motion.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`2
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