`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`
`
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`JOINT STIPULATION REGARDING
`EXTENSION OF DEADLINES TO SUBMIT INITIAL AND REBUTTAL EXPERT
`REPORTS ON THE ’794 PATENT
`
`
`Plaintiff Maxell, Ltd. (“Maxell”) and Defendant Apple Inc. (“Apple”) (collectively, the
`
`
`
`“Parties”), by and through their undersigned counsel, jointly submit this Stipulation and proposed
`
`Order for an extension of the deadlines to submit initial and rebuttal expert reports regarding the
`
`infringement and invalidity of U.S. Patent No. 6,329,794 (the “’794 Patent”).
`
`Following various meet and confer sessions, the Parties have agreed to a second deposition
`
`of Adam Machalek, that will be conducted via telephone. Subject to its objections, Apple has
`
`designated Mr. Machalek regarding certain features and functionality of the accused products that
`
`Maxell has accused of infringing the ’794 Patent. The parties have agreed to conduct Mr.
`
`Machalek’s deposition on Monday, May 11, 2020, for no more than two hours, and that the subject
`
`matter of this deposition will be limited to the documents in the two specific categories indicated
`
`in the parties’ correspondence on this issue.
`
`Pursuant to the Amended Docket Control Order (D.I. 283), initial expert reports are
`
`currently due on May 7, 2020 and rebuttal expert reports are currently due on June 4, 2020. Given
`
`
`
`Case 5:19-cv-00036-RWS Document 324 Filed 05/06/20 Page 2 of 4 PageID #: 10440
`
`that Mr. Machalek’s second deposition will not occur until May 11, 2020, the Parties have agreed
`
`to a one-week extension of the deadlines for serving initial and rebuttal expert reports
`
`(infringement and invalidity) related to the ’794 Patent.
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
`
`the Parties that:
`
`1. The Parties will exchange initial expert reports (infringement and invalidity) related to the
`
`’794 Patent on May 14, 2020.
`
`2. The Parties will exchange rebuttal expert reports (infringement and invalidity) related to
`
`the ’794 Patent on June 11, 2020.
`
`3. This extension does not affect or alter any other deadlines in this case.
`
`Dated: May 6, 2020
`
`
`
`
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 324 Filed 05/06/20 Page 3 of 4 PageID #: 10441
`
`
`
`
`
`
`/s/ Luann L. Simmons
`
`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
`
`Attorneys for Defendant Apple Inc.
`
`
`
`
`
`/s/ Jamie B. Beaber
`Geoff Culbertson
`Kelly Tidwell
`Patton, Tidwell & Culbertson, LLP
`2800 Texas Boulevard (75503)
`Post Office Box 5398
`Texarkana, TX 75505-5398
`Telephone: (903) 792-7080
`Facsimile: (903) 792-8233
`gpc@texarkanalaw.com
`kbt@texarkanalaw.com
`
`Jamie B. Beaber
`Alan M. Grimaldi
`Kfir B. Levy
`James A. Fussell, III
`William J. Barrow
`Baldine B. Paul
`Tiffany A. Miller
`Michael L. Lindinger
`Saqib J. Siddiqui
`Bryan C. Nese
`Alison T. Gelsleichter
`Clark S. Bakewell
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`wbarrow@mayerbrown.com
`bpaul@mayerbrown.com
`tmiller@mayerbrown.com
`mlindinger@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`agelsleichter@mayerbrown.com
`cbakewell@mayerbrown.com
`
`Robert G. Pluta
`Amanda S. Bonner
`MAYER BROWN LLP
`
`
`
`Case 5:19-cv-00036-RWS Document 324 Filed 05/06/20 Page 4 of 4 PageID #: 10442
`
`71 S. Wacker Drive
`Chicago, IL 60606
`(312) 782-0600
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`
`Counsel for Plaintiff Maxell, Ltd.
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 6th day of May, 2020, with a copy of this document via the
`Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
`
`
`
`
`
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