Case 6:21-cv-00331-ADA Document 202 Filed 03/15/23 Page 1 of 3
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`Mark D. Siegmund
`msiegmund@cjsjlaw.com
`(254) 732-2242
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`March 15, 2023
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`The Honorable Judge Alan D Albright
`United States District Judge
`Western District of Texas, Waco Division
`800 Franklin Avenue
`Waco, Texas 76701
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`RE:
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`IGT & IGT Canada Solutions ULC v. Zynga, Inc, 6:21-cv-00331-ADA
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`To the Honorable Judge Alan D Albright:
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`Defendant Zynga, Inc. (“Zynga”) writes to inform the Court about several scheduling
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`conflicts with the current final pre-trial conference and trial dates. Zynga has previously informed
`the Court about the scheduling conflicts in its position statement in the parties’ joint motion for
`entry of disputed scheduling order and via e-mail to the Court’s law clerks. See ECF No. 111 and
`Ex. A.
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`Unfortunately, the current final pre-trial conference and trial date are not workable due to
`several unavoidable, professional conflicts for counsel and one of Zynga’s experts that have
`existed since before this Court set those dates. Zynga does not raise the scheduling conflicts with
`the Court lightly and Zynga has explored every reasonable option for removing the current
`conflicts with this Court’s dates. However, despite Zynga’s best efforts, the conflicts remain
`unavoidable. As such, Zynga respectfully requests the Court continue the current final pre-trial
`conference and trial date to a date mutually agreeable for all parties and the Court.
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`Sonos v. Google, 20-06754-WHA, in the Northern District of California
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`Zynga has conflicts with both the final pretrial conference and the trial date due to the
`above referenced litigation. Trial in the Sonos NDCA case begins May 8, 2023 and is scheduled
`to run through at least through May 19 (see Ex. B), rendering the current final pretrial conference
`date of May 18, 2023 in this case untenable. Lead counsel in this case (Clem Roberts and Alyssa
`Caridis) are also lead counsel in in the Sonos NDCA case and must be in trial on May 19 in San
`Francisco. Judge Alsup recently stated on the record (twice) that he will not delay the trial date.
`See Ex. C, Hr. Tr. at 32:14-19 (“Please don’t ask me to change the trial date. . . . So I don’t want
`to change the trial date.”); see also Ex. D (“the trial set for May 8, 2023 will take place as
`scheduled”).
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`In addition to directly conflicting with this Court’s pretrial conference date, the trial in the
`Sonos NDCA case is expected to run at least two weeks and probably longer given the size and
`scope of the case. As a result, Zynga’s attorneys will have little to no time to prepare for the trial
`before this Court. Moreover, the Sonos NDCA case, which has been in the news frequently,
` 400 AUSTIN AVE, 9TH FLOOR
`CHERRY JOHNSON SIEGMUND JAMES
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` WACO, TEXAS 76701
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`Case 6:21-cv-00331-ADA Document 202 Filed 03/15/23 Page 2 of 3
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`Honorable Alan D Albright
`March 15, 2023
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`represents just one of ten litigations currently pending throughout the world between Sonos and
`Google. Given the issues and scope of the case, it is very unlikely to settle.
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`North American Championship of the International Collegiate Programming Contest (ICPC
`NAC |).
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`Zynga’s noninfringement expert, Dr. Jeff Donahoo (a Baylor University Professor), is the
`executive director for the North American Championship of the International Collegiate
`Programming Contest, which will be held this year from May 25, 2023 to May 30, 2023.
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`Because Dr. Donahoo is organizing and running the Contest, he must be personally present
`at the event from May 21 through June 2, which makes it impossible for him to prepare for and
`fully participate in a trial scheduled to begin on May 30, 2023. See https://nac.icpc.global/. Not
`only would this Contest prevent Dr. Donahoo from attending trial and seeing the testimony and
`arguments he is supposed to respond to, but it also prevents him from participating in any pre-trial
`preparation, which is necessary for an efficient presentation of evidence at trial.
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`Current Trial Date: May 30, 2023
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`In addition to these unavoidable conflicts, Zynga notes that this case currently involves
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`four patents and 12 claims (Dkt. 117), and will involve multiple technical experts from each side,
`damages experts, and multiple fact witnesses. Because Monday, May 29, 2023 is Memorial Day,
`the current trial date only provides four trial days – which is a very short amount of time to try a
`case as complicated and expansive as this one. Zynga also understands it is difficult for the Court
`Staff to prepare for trial the day after a federal holiday.
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`The Current trial setting is also problematic because Mr. Roberts, Zynga’s lead attorney,
`has another complex civil trial scheduled for June 5, 2023. Even assuming this trial is completed
`in four days (which Zynga submits is not likely given the number of patents at issue), Mr. Roberts
`would only have the weekend to prepare for his next trial setting on June 5th. More likely, however,
`is the current trial will likely conclude on June 5 (the following Monday from May 30th), which
`will create a situation that directly conflicts with Mr. Roberts’ other trial setting.
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`Therefore, Zynga respectfully submits both sides, as well as the Court, would be better
`served by moving the trial date to a mutually agreeable date to avoid a very compacted trial
`schedule and the Memorial Day holiday.
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`Other Conflicts
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`As we previously informed IGT and the Court, Zynga’s lead counsel has conflicts
`throughout June 2023 that make the months of May and June unworkable for a new trial setting.
`First, Zynga’s lead counsel (Clem Roberts) has a trial beginning June 5, 2023 in California state
`court that is expected to last 2-3 weeks. See Ex. E (Scheduling Order from Kisagun v. Engima
`MPC, Inc., Case No. CGC-21-594722). As discussed above, this conflict creates not only
`preparation issues (assuming trial is completed on Friday), but Mr. Roberts cannot be in two places
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`CJSJLAW.COM
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`Case 6:21-cv-00331-ADA Document 202 Filed 03/15/23 Page 3 of 3
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`Honorable Alan D Albright
`March 15, 2023
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`at once. Second, Zynga’s lead counsel (Clem Roberts, Alyssa Caridis, and Bas de Blank) have an
`ITC trial from June 20 through June 26, 2023. See Ex. F (Scheduling Order entered In the Matter
`of Certain Audio Players and Components Thereof, ITC Inv. No. 337-TA-1330). Like the
`Northern District of California case cited above, the ITC case involves Sonos and Google and is
`not expected to settle. Moreover, as this Court is well aware, trial dates before the ITC are not
`flexible and do not move, absent extreme circumstances.
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`Because of the Sonos/Google cases, Zynga’s counsel has additional conflicts in July 2023
`(including a second ITC proceeding). One of Zynga’s expert, Dr. Donahoo, also has several
`conflicts in July. However, rather than list every conflict, Zynga suggests that the parties meet and
`confer and propose a mutually workable trial date for all parties and the Court.
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`Additional Considerations
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`As noted above, Zynga’s lead counsel has significant conflicts with the currently-scheduled
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`pre-trial conference. This is particularly problematic given the number of issues that will need to
`be covered at that conference. Specifically, there are seven motions for summary judgment, four
`motions to strike expert testimony, and one Daubert motion pending before this Court. See Dkts.
`124-135. This case may be substantially streamlined (or at the very least the parties will have a
`more accurate sense of what needs to be tried) if the Court were able to hear those motions prior
`to the pre-trial conference. Accordingly, Zynga respectfully requests that the Court schedule a
`hearing on those motions in April.
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`Finally, Zynga understands that courts are sometimes reluctant to delay trial because
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`looming trial dates may spur the parties to the negotiating table and result in settlement. In this
`case, the parties have significant differences of opinion and Zynga does not believe a settlement
`will be reached, regardless of the trial date. If it would be helpful for the Court to understand the
`parties’ position (and likelihood of settlement), Zynga is happy to participate in a mediation before
`a magistrate at the Court’s convenience.
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`Zynga is happy to provide any additional documentation that the Court believes may be
`helpful to understand how the above referenced conflicts impact the current schedule in this case.
`We apologize for having to raise the issue, but given the many trials the Court is balancing, Zynga
`believed it to be prudent to inform the Court as early as possible of these conflicts.
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`We appreciate the Court’s time and consideration of this very important issue.
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`Sincerely,
`CHERRY JOHNSON SIEGMUND JAMES, PLLC
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` Mark D. Siegmund
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`CJSJLAW.COM
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