`Case 1:17-cv-02097-RBJ Document 308-7 Filed 08/13/21 USDC Colorado Pageiof5
`
` EXHIBIT 5
`EXHIBIT 5
`
`
`
`Case 1:17-cv-02097-RBJ Document 308-7 Filed 08/13/21 USDC Colorado Page 2 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`Civil Action No. 17-CV-02097-RBJ
`Consolidated with 17-CV-02692-RBJ and 17-CV-02869-MSK-STV
`
`REALTIME ADAPTIVE STREAMING, LLC,
`Plaintiff,
`vs.
`SLING TV, LLC, et al.,
`Defendants.
`--------------------------------------------------------------
`REPORTER'S TRANSCRIPT
`Scheduling Conference
`--------------------------------------------------------------
`Proceedings before the HONORABLE R. BROOKE JACKSON,
`Judge, United States District Court for the District of
`Colorado, commencing on the 7th day of March, 2018, in
`Courtroom A902, United States Courthouse, Denver, Colorado.
`APPEARANCES
`
`For the Plaintiff:
`JAY Y. CHUNG, Russ August & Kabat, 12424 Wilshire Blvd., 12th
`Floor, Los Angeles, CA 90025
`ERIC B. FENSTER, Eric B. Fenster, LLC, 1522 Blake St., Ste.
`200, Denver, CO 80202
`For Defendants Sling TV, LLC; Sling Media, LLC; Dish Network,
`LLC; Dish Technologies, LLC:
`RUFFIN B. CORDELL and BRIAN J. LIVEDALEN and ADAM R. SHARTZER,
`Fish & Richardson, PC, 901 15th St. NW, Ste. 700, Washington,
`DC 20005
`
`Sarah K. Mitchell, RPR, CRR, 901 19th Street, Room A252,
`Denver, CO 80294, 303-335-2108
`Proceedings reported by mechanical stenography;
`transcription produced via computer.
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`vs.
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`Case 1:17-cv-02097-RBJ Document 308-7 Filed 08/13/21 USDC Colorado Page 3 of 5
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`APPEARANCES (Continued):
`For Defendant ARRIS Group:
`NOAH C. GRAUBART, Fish & Richardson, PC, 1180 Peachtree St.
`NE, Floor 21, Atlanta, GA 30309
`For Defendant Polycom:
`
`ABRAN J. KEAN and KELLY R. HUGHES, Erise IP, PA, 5600
`Greenwood Plaza Blvd., Ste. 200, Greenwood Village, CO 80111
`For Defendant Apple Inc.:
`CLAYTON C. JAMES, Hogan Lovells, LLP, 1601 Wewatta St., Ste.
`900, Denver, CO 80202
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`Case 1:17-cv-02097-RBJ Document 308-7 Filed 08/13/21 USDC Colorado Page 4 of 5
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`17-CV-02097-RBJ
`
`Scheduling Conference
`
`03/07/2018 14
`
`MR. CHUNG: Yes, we disagree, Your Honor. So these
`are -- these are -- well, first of all, the patents that were
`at issue in the Carbonite case and Actian cases involved the
`same family of patents and some overlapping patents as well,
`and all of these patents are related to the patents that are
`referenced in -- in the patents that are asserted in this case
`against Sling and Polycom and others that are incorporated by
`reference in the asserted patents.
`THE COURT: Okay. All right. Well, for today's
`purpose, the Court denies ECF No. 47. That is the ARRIS Group
`and Dish motion to dismiss. Denies No. 48, that is the Sling
`motion for judgment on the pleadings. The Court at this point
`very early in the case is satisfied with the merits of Judge
`Schroeder's view, and that is we need to get these terms
`defined and then see where we are.
`Now, before I turn to the schedule, let me ask you
`one more question. Since you mentioned that in your Eastern
`District of Texas cases you settled every case except one and
`you tried one and won it, are you guys going to settle these
`cases or not?
`MR. CHUNG: I mean --
`THE COURT: You don't have to posture. Just tell me
`do you think these are going to be settled or do you think
`they're not going to be settled?
`MR. CHUNG: Jay Chung for plaintiffs, Your Honor.
`
`Sarah K. Mitchell, RPR, CRR
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`Case 1:17-cv-02097-RBJ Document 308-7 Filed 08/13/21 USDC Colorado Page 5 of 5
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`REPORTER'S CERTIFICATE
`
`I, SARAH K. MITCHELL, Official Court Reporter for the
`United States District Court for the District of Colorado, a
`Registered Professional Reporter and Certified Realtime
`Reporter, do hereby certify that I reported by machine
`shorthand the proceedings contained herein at the time and
`place aforementioned and that the foregoing pages constitute a
`full, true and correct transcript.
`Dated this 14th day of March, 2018.
`
`
` /s/ Sarah K. Mitchell
`SARAH K. MITCHELL
`Official Court Reporter
`Registered Professional Reporter
`Certified Realtime Reporter
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`Sarah K. Mitchell, RPR, CRR
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`/s/ Sarah K. Mitchell
`SARAH K. MITCHELL
`Official Court Reporter
`Registered Professional Reporter
`Certified Realtime Reporter
`
`
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