Case 5:19-cv-00036-RWS Document 642 Filed 03/03/21 Page 1 of 5 PageID #: 32729
`
`
`
`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 PRETRIAL OBJECTIONS
`
`Pursuant to the Court’s Amended Docket Control Order (Dkt. No. 623), Plaintiff Maxell,
`
`
`
`Ltd. (“Plaintiff” or “Maxell”) and Defendant Apple Inc. (“Apple”) hereby submit their pretrial
`
`objections.
`
`Attached at Exhibit A is a listing of Maxell’s objections to Apple’s proposed trial exhibits.
`
`Attached at Exhibit B is a listing of Maxell’s objections to Apple’s deposition designations.
`
`Attached at Exhibit C is a listing of Apple’s objections to Maxell’s proposed trial exhibits.
`
`Attached at Exhibit D is a listing of Apple’s objections to Maxell’s deposition designations.
`
`The parties met and conferred regarding pretrial objections on February 25, 2021. At that
`
`meeting, the parties agreed there were certain categories of exhibit objections that would benefit
`
`from being addressed at the Pretrial Conference scheduled for March 10, 2021, and that it would
`
`be more efficient to address other objections during trial once it is more clear which exhibits will
`
`be used and through whom they will be introduced. The parties also agreed that it would be more
`
`efficient to address objections to deposition designations during trial insofar as each party
`
`acknowledged that they are unlikely to seek the introduction into evidence of significant portions
`
`of the current designations.
`
`
`
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`
`
`
`
`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 PRETRIAL OBJECTIONS
`
`Pursuant to the Court’s Amended Docket Control Order (Dkt. No. 623), Plaintiff Maxell,
`
`
`
`Ltd. (“Plaintiff” or “Maxell”) and Defendant Apple Inc. (“Apple”) hereby submit their pretrial
`
`objections.
`
`Attached at Exhibit A is a listing of Maxell’s objections to Apple’s proposed trial exhibits.
`
`Attached at Exhibit B is a listing of Maxell’s objections to Apple’s deposition designations.
`
`Attached at Exhibit C is a listing of Apple’s objections to Maxell’s proposed trial exhibits.
`
`Attached at Exhibit D is a listing of Apple’s objections to Maxell’s deposition designations.
`
`The parties met and conferred regarding pretrial objections on February 25, 2021. At that
`
`meeting, the parties agreed there were certain categories of exhibit objections that would benefit
`
`from being addressed at the Pretrial Conference scheduled for March 10, 2021, and that it would
`
`be more efficient to address other objections during trial once it is more clear which exhibits will
`
`be used and through whom they will be introduced. The parties also agreed that it would be more
`
`efficient to address objections to deposition designations during trial insofar as each party
`
`acknowledged that they are unlikely to seek the introduction into evidence of significant portions
`
`of the current designations.
`
`
`
`PUBLIC VERSION
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 642 Filed 03/03/21 Page 2 of 5 PageID #: 32730
`
`
`
`
`
`With respect to the categorical exhibit objections to be addressed at the Pretrial Conference,
`
`the parties are currently continuing their meet and confer on the issue and will notify the Court of
`
`the specific exhibits and objections they expect to present to the Court at the Pretrial Conference.
`
`In view of the foregoing, the parties reserve the right to withdraw or amend these objections
`
`based on continuing meet and confers between the parties.
`
`
`
`
`
`Dated: March 1, 2021
`
`
`
`
`
`
`
`
`
`
`
`/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
`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`
`2
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 642 Filed 03/03/21 Page 3 of 5 PageID #: 32731
`
`
`
`
`
`Dated: March 1, 2021
`
`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
`
`Counsel for Plaintiff Maxell, Ltd.
`
`
`
`Respectfully Submitted
`
`By: /s/ Mark D. Fowler
`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: melissa@gillamsmithlaw.com
`
`
`
`
`
`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)
`
`3
`
`
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 642 Filed 03/03/21 Page 4 of 5 PageID #: 32732
`
`
`
`
`
`401 B Street, Suite 1700
`San Diego, CA 92101
`Tel: 619.699.2700
`Fax: 619.699.2701
`
`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 (Pro Hac Vice)
`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
`
`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
`
`COUNSEL FOR DEFENDANT APPLE INC.
`
`4
`
`PUBLIC VERSION
`
`
`
`Case 5:19-cv-00036-RWS Document 642 Filed 03/03/21 Page 5 of 5 PageID #: 32733
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 1st day of March, 2021, with a copy of this document via
`electronic mail pursuant to Local Rule CV-5(d).
`
`
`
`
`/s/ Jamie B. Beaber
`Jamie B. Beaber
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PUBLIC VERSION
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
