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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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`
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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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`Defendant.
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`JURY TRIAL DEMANDED
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`APPLE INC.’S UNOPPOSED MOTION FOR EXPEDITED BRIEFING ON ITS
`RENEWED MOTION TO COMPEL INFRINGEMENT CONTENTIONS COMPLIANT
`WITH PATENT RULE 3-1(G) AND FOR SCHEDULE EXTENSION OR, IN THE
`ALTERNATIVE, TO PRECLUDE MAXELL’S RELIANCE ON SOURCE CODE FOR
`INFRINGEMENT
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`1
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`Case 5:19-cv-00036-RWS Document 285 Filed 04/20/20 Page 2 of 4 PageID #: 10034
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`Pursuant to Local Rule CV-7(e), Plaintiff Apple Inc. (“Apple”) respectfully request an
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`expedited briefing scheduling with respect to its Renewed Motion to Compel Infringement
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`Contentions Complaint with Patent Rule 3-1(g) (“Motion to Compel”), filed on April 20, 2020.
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`Expedited briefing is appropriate in view of the impact that the Motion to Compel has on the
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`May 7, 2020 deadline for opening expert reports. Maxell has indicated that it is not opposed to
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`the expedited briefing schedule below. Accordingly, Apple asks that the Court set the following
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`briefing schedule for Apple’s Motion to Compel:
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`Brief
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`Due Date
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`Apple’s Motion to Compel
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`April 20, 2020
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`Maxell’s Response
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`April 28, 2020
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`2
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`Case 5:19-cv-00036-RWS Document 285 Filed 04/20/20 Page 3 of 4 PageID #: 10035
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`April 20, 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
`
`Marc J. Pensabene (Pro Hac Vice)
`mpensabene@omm.com
`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
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`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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`3
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`Case 5:19-cv-00036-RWS Document 285 Filed 04/20/20 Page 4 of 4 PageID #: 10036
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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 April 20, 2020.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`CERTIFICATE OF CONFERENCE
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`On April 20, 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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`4
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