`
`
`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.
`
`
`
`NOTICE OF SUPPLEMENTAL AUTHORITY REGARDING APPLE INC.’S OPPOSED
`MOTION FOR LEAVE TO CONDUCT TWO DEPOSITIONS
`AFTER THE FACT DEPOSITION DEADLINE
`
`
`
`Pursuant to Federal Rule of Civil Procedure 15(d), Plaintiff Maxell, Ltd. (“Maxell”), by
`
`counsel, submits this notice of supplemental authority—the attached Order in Optis Wireless
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`Technology, LLC, et al. v. Apple Inc., No. 2:19-cv-00066-JRG (E.D. Tex. Apr. 28, 2020)—in
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`connection with Apple Inc.’s (“Apple”) Opposed Motion for Leave to Conduct Two Depositions
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`After the Fact Deposition Deadline (“Motion for Leave”).
`
`The attached Order, rendered by Judge Gilstrap, is relevant to this matter as it addresses a
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`joint request made by the parties in that case, which includes Apple, to take certain depositions
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`after the close of fact discovery. With respect to two depositions, the request was to take the
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`depositions at some undetermined future date convenient for the parties and witnesses. With
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`respect to such depositions, the Court denied the motion, stating that “[t]he Parties are free to re-
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`urge their requests for leave with regards to these depositions in the future when they are able to
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`present the Court with more details as to when and where the depositions will be conducted.”
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`Order at 2.
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`
`
`
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`Case 5:19-cv-00036-RWS Document 336 Filed 05/21/20 Page 2 of 4 PageID #: 10528
`
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`The attached Order issued in response to a motion made by Apple in co-pending litigation.
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`Apple was thus plainly aware of the Order. Although the attached Order concerned similar issues
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`as those raised by Apple’s Motion for Leave, and issued prior to Apple’s filing of that motion,
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`Apple did not cite the Order before this Court. Maxell did not learn of the Order until May 21,
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`2020—the same day it is being submitted as Supplemental Authority.
`
`
`
`Dated: May 21, 2020
`
`By:
`
`/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
`
`
`
`2
`
`
`
`Case 5:19-cv-00036-RWS Document 336 Filed 05/21/20 Page 3 of 4 PageID #: 10529
`
`
`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 Streff Bonner
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`(312) 782-0600
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`
`Counsel for Plaintiff Maxell, Ltd.
`
`
`
`3
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`
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`Case 5:19-cv-00036-RWS Document 336 Filed 05/21/20 Page 4 of 4 PageID #: 10530
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 21st day of May, 2020, with a copy of this document via
`the Court’s electronic CM/ECF system
`
`
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
`
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