Case 5:19-cv-00036-RWS Document 578 Filed 11/11/20 Page 1 of 4 PageID #: 30772
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
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`JURY TRIAL DEMANDED
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`
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`JOINT NOTICE REGARDING PRETRIAL OBJECTIONS
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`Pursuant to the Docket Control Order (D.I. 545), Plaintiff Maxell, Ltd. (“Plaintiff” or
`
`
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`“Maxell”) and Defendant Apple Inc. (“Defendant” or “Apple”) hereby submit to the Court the
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`status of and proposed steps for resolving remaining pretrial objections.
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`
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`On November 5, 2020, the Parties each identified withdrawn exhibits. On November 9,
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`2020, the Parties each identified the exhibits for which they maintain pretrial objections. On
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`November 11, 2020, the Parties held a teleconference to discuss the maintained exhibit objections
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`and were able to reach agreement with respect to certain exhibits and objections. The parties each
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`believe that further narrowing of exhibits and pretrial objections is possible. They have thus agreed
`
`to perform another round of narrowing and to have another meet and confer during the week of
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`November 16 to discuss remaining objections and determine whether there is any room for
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`additional agreement.
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`
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`At this point, and given the potential for significant further narrowing, the parties believe
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`that any remaining exhibit objections may be handled on a day-by-day basis pursuant to the
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`schedule set forth in the Joint Pretrial Order (D.I. 546 at Section L(4)). This is subject to change
`
`pending the results of the further meet and confer.
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`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.,
`
`
`
`JOINT NOTICE REGARDING PRETRIAL OBJECTIONS
`
`Pursuant to the Docket Control Order (D.I. 545), Plaintiff Maxell, Ltd. (“Plaintiff” or
`
`
`
`“Maxell”) and Defendant Apple Inc. (“Defendant” or “Apple”) hereby submit to the Court the
`
`status of and proposed steps for resolving remaining pretrial objections.
`
`
`
`On November 5, 2020, the Parties each identified withdrawn exhibits. On November 9,
`
`2020, the Parties each identified the exhibits for which they maintain pretrial objections. On
`
`November 11, 2020, the Parties held a teleconference to discuss the maintained exhibit objections
`
`and were able to reach agreement with respect to certain exhibits and objections. The parties each
`
`believe that further narrowing of exhibits and pretrial objections is possible. They have thus agreed
`
`to perform another round of narrowing and to have another meet and confer during the week of
`
`November 16 to discuss remaining objections and determine whether there is any room for
`
`additional agreement.
`
`
`
`At this point, and given the potential for significant further narrowing, the parties believe
`
`that any remaining exhibit objections may be handled on a day-by-day basis pursuant to the
`
`schedule set forth in the Joint Pretrial Order (D.I. 546 at Section L(4)). This is subject to change
`
`pending the results of the further meet and confer.
`
`
`
`Case 5:19-cv-00036-RWS Document 578 Filed 11/11/20 Page 2 of 4 PageID #: 30773
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`With respect to objections to deposition designations, given the relatively low number of
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`objections made by the Parties and the uncertainty regarding what designations either Party may
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`actually seek to enter, the Parties also agree that it will be most efficient to address these as they
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`arise pursuant to the schedule laid out in the Pretrial Order (D.I. 546 at Section L(19)).
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`
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`The Parties do not anticipate any exhibit or deposition designation objections needing to
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`be argued or addressed at the Pretrial Conference, unless part and parcel of an otherwise pending
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`motion or issue.
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`
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`Dated: November 11, 2020
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`/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
`Baldine B. Paul
`Tiffany A. Miller
`Saqib J. Siddiqui
`Bryan C. Nese
`William J. Barrow
`Alison T. Gelsleichter
`Clark S. Bakewell
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`
`/s/ Mark D. Fowler
`Harry L. Gillam, Jr.
`Texas Bar No. 07921800
`Melissa Richards Smith
`Texas Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: gil@gillamsmithlaw.com
`Email: melissa@gillamsmithlaw.com
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`Mark D. Fowler (Pro Hac Vice)
`Brent K. Yamashita
`Christian Chessman
`DLA PIPER LLP (US)
`2000 University Ave.
`East Palo Alto, CA 94303-2214
`Tel: 650.833.2000
`Fax: 650.833.2001
`
`Sean C. Cunningham (Pro Hac Vice)
`Erin P. Gibson (Pro Hac Vice)
`Kevin Hamilton (Pro Hac Vice)
`David R. Knudson (Pro Hac Vice)
`DLA PIPER LLP (US)
`401 B Street, Suite 1700
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`2
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`Case 5:19-cv-00036-RWS Document 578 Filed 11/11/20 Page 3 of 4 PageID #: 30774
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`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`bpaul@mayerbrown.com
`tmiller@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`wbarrow@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
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`Counsel for Plaintiff Maxell, Ltd.
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`
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`San Diego, CA 92101
`Tel: 619.699.2700
`Fax: 619.699.2701
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`Michael Jay (Pro Hac Vice)
`DLA PIPER LLP (US)
`2000 Avenue of the Stars, Suite 400
`Los Angeles, CA 90067
`Tel: 310.595.3000
`Fax: 310.595.3300
`
`Aaron G. Fountain
`Zachary Loney
`DLA PIPER LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, Texas 78701-3799
`Tel: 512.457.7000
`Fax: 512.457.7001
`
`Dawn M. Jenkins
`DLA PIPER LLP (US)
`1000 Louisiana, Suite 2800
`Houston, TX 77002-5005
`Tel: 713.425.8490
`Fax: 713.300.6012
`
`Paul Steadman
`Stephanie Lim (Pro Hac Vice)
`DLA PIPER LLP (US)
`444 West Lake Street, Ste. 900
`Chicago, IL 60606
`Tel: 312.368.4000
`Fax: 312.236.7516
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`Counsel for Defendant Apple Inc.
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`3
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`Case 5:19-cv-00036-RWS Document 578 Filed 11/11/20 Page 4 of 4 PageID #: 30775
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 11th day of November, 2020, with a copy of this document
`via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
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`
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`/s/ Jamie B. Beaber
`Jamie B. Beaber
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