Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 1 of 8 Page ID #:257
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
`HONORABLE GEORGE H. WU, U.S. DISTRICT JUDGE
`
`ANCORA TECHNOLOGIES, INC.,
`Plaintiff,
`
` vs. Case No. SACV19-2192-GW
`TCT MOBILE, INC., et al,
`Defendants.
`_______________________________________/
`
`REPORTER'S TRANSCRIPT OF
`SCHEDULING CONFERENCE
`MONDAY, MARCH 15, 2020
`8:30 A.M.
`LOS ANGELES, CALIFORNIA
`
`________________________________________________________
`TERRI A. HOURIGAN, CSR NO. 3838, CCRR
`FEDERAL OFFICIAL COURT REPORTER
`350 WEST FIRST STREET, ROOM 4311
`LOS ANGELES, CALIFORNIA 90012
`(213) 894-2849
`
`UNITED STATES DISTRICT COURT
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
`HONORABLE GEORGE H. WU, U.S. DISTRICT JUDGE
`
`ANCORA TECHNOLOGIES, INC.,
`Plaintiff,
`
` vs. Case No. SACV19-2192-GW
`TCT MOBILE, INC., et al,
`Defendants.
`_______________________________________/
`
`REPORTER'S TRANSCRIPT OF
`SCHEDULING CONFERENCE
`MONDAY, MARCH 15, 2020
`8:30 A.M.
`LOS ANGELES, CALIFORNIA
`
`________________________________________________________
`TERRI A. HOURIGAN, CSR NO. 3838, CCRR
`FEDERAL OFFICIAL COURT REPORTER
`350 WEST FIRST STREET, ROOM 4311
`LOS ANGELES, CALIFORNIA 90012
`(213) 894-2849
`
`UNITED STATES DISTRICT COURT
`
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`Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 2 of 8 Page ID #:258
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`APPEARANCES OF COUNSEL:
`
`FOR THE PLAINTIFF: (Via telephone)
`BROOKS KUSHMAN PC
`BY: MARC LORELLI
`WILLIAM E. THOMSON, JR.,
`Attorneys at Law
`1000 Town Center 22nd Floor
`Southfield, Mississippi
`mlorelli@brookskushman.com
`
`
`
`FOR THE DEFENDANT:
`PERKINS COI, LLP
`BY: KYLE R. CANAVERA
`Attorney at Law
`11452 El Camino Real Suite 300
`San Diego, California 92130-2080
`kcanavera@perkinscoi.com
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`Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 3 of 8 Page ID #:259
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`LOS ANGELES, CALIFORNIA; MONDAY, MARCH 15, 2020
`8:30 A.M.
`--oOo--
`
`THE COURT: Let me call the matter of Ancora
`Technologies, Inc., versus TCT Mobile.
`On the phone, we have?
`MR. LORELLI: Marc Lorelli on behalf of Ancora
`Technologies, Your Honor.
`THE COURT: Okay. In Court, we have?
`MR. CANAVERA: Kyle Canavera on behalf of TCT.
`MR. THOMPSON: William Thompson on behalf of
`plaintiff Ancora.
`THE COURT: All right. We are here for a scheduling
`
`conference.
`I saw the joint report. As I understand it, the major
`difference between the -- well, other than pure date
`differences, the major difference is that the defense has a
`provision for Markman where as the plaintiff does not.
`Let me just ask the plaintiff, do you think that you guys
`can agree to all of the terms?
`MR. THOMPSON: Well, I'm not sure about that, but
`the defendant wants to file a Northern District of California
`rules in patent cases, which are very complex and all of that.
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`UNITED STATES DISTRICT COURT
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`Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 4 of 8 Page ID #:260
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`We don't think we need to do that here.
`The sole issue, as I understand it, and Mr. Lorelli is
`better qualified to comment on it than I, is whether we need a
`claim construction procedure as the Northern District provides
`for.
`
`THE COURT: Well, let me just ask, I mean, your
`provision doesn't have -- that I saw -- a provision for a
`Markman. But I presume you do not want to wait until trial for
`claims construction from me, because I presume you would want
`to do it beforehand.
`MR. THOMPSON: May Mr. Lorelli speak to that, Your
`
`Honor?
`
`THE COURT: Sure.
`MR. LORELLI: This particular patent has a lengthy
`
`history.
`It's been up to the Federal Circuit twice and back. There
`is construction of pretty much every term in the broadest
`independent claim, and I believe we will only be asserting a
`few claims here.
`There is also scheduled in other districts around the
`country, claim construction decisions within the next month or
`two -- actually, three more decisions in the next few months,
`so by the time all of that is done, I doubt that there will be
`anything left to take up on claim construction.
`And putting a process in place like the Northern District
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`Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 5 of 8 Page ID #:261
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`of California requires for claim construction I think is -- it
`not only delays things, but it's also unnecessary.
`If there is by chance, and of course, defendant hasn't
`identified anything as of now, a claim construction issue that
`needs to be addressed, we believe it could be addressed at any
`time or by briefing with the summary judgment motions.
`THE COURT: Let me ask counsel, are the defendants
`bound by some sort of res judicata or something insofar as the
`claims construction is concerned?
`MR. LORELLI: If you are asking the plaintiff, no
`they are not, but it would be pretty hard to look for a claim
`construction that would be different than the one the Federal
`Circuit provided.
`THE COURT: All right. Let me hear from the defense
`counsel, what is your position?
`MR. CANAVERA: Yes, Your Honor. Our position is --
`first of all, it's just too early in the case for us to know
`whether there will be disputes or not.
`Most patent cases, as Your Honor knows, do have claim
`construction disputes.
`I would also point out that the Northern District rules,
`like most rules have a stage where the parties file a joint
`filing with the Court and say what the terms are that are
`disputed.
`If there is no dispute, then presumably we would know at
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`Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 6 of 8 Page ID #:262
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`that point and we would not need to proceed to briefing and the
`hearing.
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`THE COURT: All right. This is what I will do:
`What I will do is, I will send out a minute order with the
`dates I will use in this matter.
`But basically there will only be preliminary dates up
`until the time of the exchange and the meet and confer about
`claims terms.
`If there is a meet and confer and you report back that
`there is no necessity for a Markman, then I will meet with you
`again and we will just set dates after that.
`If there is a conclusion that we have to have a Markman,
`then I will set a Markman hearing, et cetera, and we will go
`from there.
`So what I will do is I will just send out a minute order
`some time next week with the dates on it up until the point in
`time, and I would be primarily using the Northern District's,
`but I will be shortening those dates because I do agree that
`there obviously have been decisions insofar as some of the
`claims are concerned, and so I don't think it would take as
`long to do all the preliminary stuff as the Northern District
`currently provides.
`And what I will do is I will send that out, and I will
`continue the scheduling conference to -- actually, I won't
`continue it, I will set a scheduling conference in that minute
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`Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 7 of 8 Page ID #:263
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`order that I send you.
`Anything else?
`MR. CANAVERA: No, Your Honor.
`THE COURT: Thank you very much.
`
`(Proceedings concluded at 8:42 a.m.)
`* * *
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`Case 8:19-cv-02192-GW-AS Document 35 Filed 03/18/20 Page 8 of 8 Page ID #:264
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`CERTIFICATE OF OFFICIAL REPORTER
`
`))
`
`
`)
`
`COUNTY OF LOS ANGELES
`STATE OF CALIFORNIA
`
`I, TERRI A. HOURIGAN, Federal Official Realtime
`Court Reporter, in and for the United States District Court for
`the Central District of California, do hereby certify that
`pursuant to Section 753, Title 28, United States Code that the
`foregoing is a true and correct transcript of the
`stenographically reported proceedings held in the
`above-entitled matter and that the transcript page format is in
`conformance with the regulations of the judicial conference of
`the United States.
`
`Date: March 16, 2020
`
` /s/ TERRI A. HOURIGAN
`
`
` TERRI A. HOURIGAN, CSR NO. 3838, CCRR
` Federal Official Court Reporter
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`UNITED STATES DISTRICT COURT
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