Case 1:20-cv-00393-LO-TCB Document 1227 Filed 05/13/22 Page 1 of 3 PageID# 32307
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`Maximilian A. Grant
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`Direct Dial: +1.202.637.2267
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`max.grant@lw.com
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`May 13, 2022
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`VIA ECF FILING
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`The Honorable Liam O’Grady
`United States District Judge
`Albert V. Bryan U.S. Courthouse
`401 Courthouse Square
`Alexandria, Virginia 22314
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`The Honorable Rodney Gilstrap
`Sam B. Hall, Jr. Federal Building and U.S. Courthouse
`100 East Houston Street
`Marshall, Texas 75670
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`555 Eleventh Street, N.W., Suite 1000
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`Washington, D.C. 20004-1304
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`Washington, D.C.
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`Re:
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`RAI Strategic Holdings, Inc. et al. v. Altria Client Services LLC, et al.,
`No. 1:20-cv-393-LO-TCB (E.D. Va.); AGIS Software Dev. LLC v. Waze Mobile
`Ltd., No. 2:19-cv-00359-JRG-RSP (E.D. Tex.); and AGIS Software Dev. LLC v.
`Samsung Elecs. Co., Ltd., No. 2:19-cv-00362-JRG-RSP (E.D. Tex.)
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`Dear Judges O’Grady and Gilstrap:
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`We write to respectfully request the two Courts’ assistance with trial conflicts for two
`experts: Joseph McAlexander and Paul Meyer. Both are currently set to testify in separate trials
`in your Courts starting on June 6: (i) RAI Strategic Holdings, Inc. et al. v. Altria Client Services
`LLC, et al., No. 1:20-cv-393 (“PMI”), currently pending in the Eastern District of Virginia; and
`(ii) AGIS Software Dev. LLC v. Google LLC, No. 2:19-cv-361 (“Google”); AGIS Software Dev.
`LLC v. Samsung Elecs. Co., Ltd., No. 2:19-cv-362 (“Samsung”); and AGIS Software Dev. LLC v.
`Waze Mobile Limited, No. 2:19-cv-359 (“Waze”, collectively the “AGIS” cases), currently pending
`in the Eastern District of Texas. This letter is jointly submitted on behalf of the Plaintiffs in PMI
`(“PMI/Altria,” represented by Latham & Watkins, LLP and Weil, Gotshal & Manges LLP), the
`Plaintiff in the AGIS cases (“AGIS,” represented by Fabricant LLP) and the Defendants in the
`AGIS cases (Google, Samsung, and Waze, represented by O’Melveny & Myers LLP).
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`In PMI, Mr. McAlexander is PMI/Altria’s technical expert for two asserted patents, and
`Mr. Meyer is PMI/Altria’s damages expert for all five asserted patents. In AGIS, Mr. McAlexander
`is AGIS’s technical expert, and Mr. Meyer is Samsung and Waze’s damages expert.
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`On January 21, 2022, the PMI trial was continued when a criminal trial was rescheduled
`from February 7, 2022 to April 4, 2022. PMI, Dkt. 924. On January 28, 2022, Judge Gilstrap set
`three cases for trial on June 6, 2022. Google, Dkt. 232. On February 7, after several status
`conferences with the parties, Judge O’Grady set the PMI trial for June 6, 2022. PMI, Dkt. 946.
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`Case 1:20-cv-00393-LO-TCB Document 1227 Filed 05/13/22 Page 2 of 3 PageID# 32308
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`May 13, 2022
`Page 2
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`On February 18, Judge Gilstrap deconsolidated the cases pending before him, keeping the June 6
`trial for two (against Samsung and Waze), and moving the third case (against Google) to August.
`Google, Dkt. 251. On March 1, the East Texas defendants moved to reset the trial schedules or
`have all three cases tried together in August 2022 because, inter alia, Mr. Meyer and Mr.
`McAlexander were both set to testify at the PMI trial. See, e.g., id., Dkt. 289 at 6, 9-10. On May
`2, Judge Gilstrap denied that motion. Id., Dkt. 371 at 2.
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`The parties now face the following scheduling conflict:
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`In AGIS, Mr. McAlexander is expected to testify on June 7 and 8; Mr. Meyer is
`expected to testify on June 9; and the parties will close evidence on June 9, give closing
`arguments on June 10, and send the case to the jury for deliberation that afternoon.
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`In PMI, Mr. McAlexander is expected to testify on June 8 (and again the following
`week), and Mr. Meyer is expected to testify on June 9.
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`Counsel in both cases have worked diligently to resolve the conflicts but, due to the overlap
`in trial dates, the conflicts are unavoidable with the existing schedules. Mr. McAlexander cannot
`testify in both the Virginia case around June 8 and the East Texas case on June 7 and 8. Nor can
`Mr. Meyer testify in both cases on June 9.
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`We obviously defer to the Courts’ judgments on how best to navigate these conflicts and
`control their dockets, but we respectfully offer the following potential solution: If the PMI trial
`begins a day later, on June 7, and both Mr. McAlexander and Mr. Meyer complete their testimony
`in the AGIS trial by 2 pm CT on June 8 (including testifying out of order, if needed), that would
`likely eliminate their scheduling conflicts.
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`We require the Courts’ assistance with resolving these scheduling conflicts. We stand
`ready to attend a telephonic status conference or file additional submissions as the Courts require.
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`Sincerely,
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`/s/ Maximillian A. Grant
`Maximillian A. Grant
`of LATHAM & WATKINS LLP
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`Counsel for Plaintiffs Altria Client Services LLC, Philip
`Morris USA Inc., and Philip Morris Products S.A.
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`/s/ Elizabeth S. Weiswasser
`Elizabeth S. Weiswasser
`of WEIL, GOTSHAL & MANGES LLP
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`Counsel for Plaintiff Altria Client Services LLC
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`Case 1:20-cv-00393-LO-TCB Document 1227 Filed 05/13/22 Page 3 of 3 PageID# 32309
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`May 13, 2022
`Page 3
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`/s/ Alfred R. Fabricant
`Alfred R. Fabricant
`of FABRICANT LLP
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`Counsel for Plaintiff AGIS Software Development LLC
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`/s/ Darin W. Snyder
`Darin W. Snyder
`of O’MELVENY & MYERS LLP
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`Counsel for Defendants Google LLC, Samsung Electronics
`Co., Ltd., Samsung Electronics America, Inc., and Waze
`Mobile Ltd.
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