Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 1 of 9
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`Case No.: 1:22-cv-22706-SCOLA/GOODMAN
`
`
`BELL NORTHERN RESEARCH, LLC,
`
`
`Plaintiff,
`
`v.
`
`HMD AMERICA, INC., HMD GLOBAL OY,
`SHENZHEN CHINO-E COMMUNICATION CO.
`LTD., WINGTECH TECHNOLOGY CO. LTD.,
`WINGTECH INTERNATIONAL, INC., BEST BUY
`CO., INC., BEST BUY STORES L.P., TARGET
`CORP., WALMART INC.,
`
`
`Defendants.
`__________________________________/
`
`
`
`DEFENDANTS HMD AMERICA, INC., HMD GLOBAL OY,
`BEST BUY CO., INC., BEST BUY STORES L.P., TARGET CORP.,
`AND WALMART INC.’S MOTION TO MODIFY SCHEDULING ORDER AND
`SHORTENED RESPONSE SCHEDULE
`
`Defendants HMD America, Inc., HMD Global Oy, Best Buy Stores L.P., Target Corp., and
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`Walmart Inc. (collectively, “Defendants”) move for entry of an Order modifying certain claim
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`construction and other pretrial deadlines established in this Court’s March 28, 2023, Scheduling
`
`Order, Order of Referral to Mediation, Patent Rules, and Protective Order (ECF No. 174; the
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`“Scheduling Order”). While Plaintiff Bell Northern Research, LLC (“Plaintiff”) opposes the
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`motion to modify, it agrees to a shortened response period to file its response to the instant motion
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`by Tuesday June 20, 2023.
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`In support of this Motion, the Parties state as follows:
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`1.
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`The Parties had a dispute concerning the sufficiency of Plaintiff’s infringement
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`contentions and Defendants filed a Notice of Hearing regarding that dispute with Magistrate Judge
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`Goodman on March 1, 2023. ECF No. 142.
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`

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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 2 of 9
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`2.
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`Defendants requested, and the Court granted, a stay of certain patent contention and
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`claim construction deadlines while the dispute was pending. ECF Nos. 140, 148.
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`3.
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`As part of the Parties’ efforts to resolve the dispute regarding Plaintiff’s
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`infringement contention, Plaintiff supplemented its infringement contentions on April 14, 2023,
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`and Defendants reviewed the supplemented contentions to determine if any disputes remained.
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`4.
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`On April 25, 2023, the Parties filed a Supplemental Joint Status Report with Judge
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`Goodman notifying the Court that (1) the Parties reached agreement regarding Plaintiff’s patent
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`infringement contentions and (2) the dispute would be fully resolved upon resolution of the Parties’
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`Joint Motion to the Court to Amend the Scheduling Order. ECF No. 171. As part of the Parties’
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`agreement, Plaintiff agreed to further supplement its infringement contentions for one asserted
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`patent, U.S. Patent No. 6,696,941 (“the ’941 Patent”).
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`5.
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`The Court granted that Motion to Amend and issued the Scheduling Order setting,
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`among other dates, June 9, 2023, as the deadline for Defendants to serve responsive patent
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`contentions and accompanying document production under Rules 3-3 and 3-4 of the Court’s Patent
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`Rules. ECF No. 174.
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`6.
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`Plaintiff supplemented its infringement contentions for the ’941 Patent on May 24,
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`2023, about two weeks before Defendants’ June 9, 2023, deadline for responsive patent
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`contentions. Given that timing, the Parties agreed to extend Defendants’ deadline for responsive
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`contentions for the ’941 Patent by three weeks to June 30, 2023, while maintaining June 9, 2023,
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`as the deadline for Defendants’ responsive contentions for the other 12 asserted patents.
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`7.
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`Defendants filed and the Court granted an unopposed Motion for Extension of Time
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`to Serve Responsive Patent Contentions for the ’941 Patent. ECF Nos. 179, 180. The deadline for
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`Defendants’ responsive patent contentions for the ’941 Patent is set to June 30, 2023.
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`2
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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 3 of 9
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`8.
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`Additionally, Defendants Wingtech International Inc. and Wingtech Technology
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`Co. (“Wingtech”) filed and the Court granted an unopposed Motion for Extension of Time to serve
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`Non-Infringement, Unenforceability, and Invalidity Contentions, which likewise sought a three
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`week extension. ECF Nos. 181, 182. The deadline for all of Wingtech’s responsive patent
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`contentions for all 13 asserted patents is set to the same date of June 30, 2023.
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`9.
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`On June 9, 2023, Defendants served on Plaintiff their responsive patent contentions
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`for all asserted patents except the ’941 Patent.
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`10.
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`Patent Rule 4-1 requires the parties to identify “claim terms that the party contends
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`should be construed by the Court” and to “jointly identify the 10 terms likely to be most significant
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`to resolving the parties’ dispute.” ECF No. 125 at 15. The deadline for such identification is
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`presently June 23, 2023.1
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`11.
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` Patent Rule 4-2 requires the parties to exchange proposed constructions and
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`identify intrinsic and extrinsic evidentiary for their constructions. ECF No. 125 at 15-16. The
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`deadline for such exchange is presently July 7, 2023.
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`12.
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`Good cause exists to modify certain claim construction and other pretrial dates. The
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`June 30, 2023, deadline for certain responsive contentions now falls after the June 23, 2023,
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`deadline in the Scheduling Order for the exchange of proposed terms for construction, and shortly
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`before the July 7, 2023, deadline to exchange preliminary constructions and extrinsic evidence.
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`Defendants cannot fully assess the claim construction issues and likely disputes, and prioritize
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`terms for construction across all thirteen asserted patents, until all contentions are finalized and
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`exchanged. The Parties have cooperated in good faith to resolve their dispute about Plaintiff’s
`
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`1 In view of this imminent due date in the current scheduling order, Defendants request a shortened
`response due date for the instant motion of June 20, 2023, to which Plaintiff agrees.
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`3
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`

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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 4 of 9
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`infringement contentions, including through Plaintiff’s service of amended contentions and patent
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`claim charts and Defendants’ service and forthcoming additional service of responsive patent
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`contentions and claim charts, but need a modification of the current schedule to facilitate an orderly
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`and informed claim construction exchange.
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`13.
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`To maintain the timing and sequence in the Court’s Scheduling Order, ECF Nos.
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`174, 180, Defendants request that certain claim construction deadlines and other pretrial deadlines
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`in the Scheduling Order be extended by three weeks, corresponding to the additional three weeks
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`set for the responsive patent contentions described above, as shown in the following proposed
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`schedule:
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`Current Date
`Passed
`
`Proposed Date
`
`
`Passed
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`Passed
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`
`
`
`
` Description
`Deadline for a party claiming patent infringement
`to serve Disclosure of Asserted Claims and
`Infringement Contentions and make
`accompanying document production.
`Deadline to submit joint notice indicating whether
`the parties consent to jurisdiction before the
`designated magistrate judge for purposes of
`dispositive motions or final disposition or both.
`Deadline for Defendants HMD America, Inc.,
`HMD Global Oy, Best Buy Stores L.P., Target
`Corp., and Walmart Inc (“Defendants”) to serve
`Non-Infringement, Unenforceability, and
`Invalidity Contentions for all asserted patents
`except U.S. Patent No. 6,696,941, and to make
`accompanying document production.
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`4
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`

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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 5 of 9
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`Current Date
`June 30, 2023
`(extended)
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`June 23, 20232
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`July 7, 2023
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`June 23, 20233
`July 28, 2023
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`August 18, 2023
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`September 1, 2023
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`Proposed Date
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`July 14, 2023
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`July 28, 2023
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` Description
`Deadline for Defendants to serve Non-
`Infringement, Unenforceability, and Invalidity
`Contentions for U.S. Patent No. 6,696,941 and
`make accompanying document production, and
`deadline for Defendants Wingtech International
`Inc., Wingtech Technology Co., and Wingtech
`Co. Ltd. to serve all Non-Infringement,
`Unenforceability, and Invalidity Contentions and
`make accompanying document production.
`Deadline to Exchange Proposed Terms for
`Construction.
`Deadline to Exchange of Preliminary Claim
`Constructions and Extrinsic Evidence.
`Deadline to file joint interim status report.
`Deadline to File Joint Claim Construction and
`Prehearing Statement.
`Deadline to complete claim construction
`discovery.
`Deadline to file a motion to stay the lawsuit
`pending reexamination in the U.S. Patent Office.
`Deadline to file proposed order scheduling
`mediation, setting forth the name of the mediator,
`and the date, time, and location of the mediation,
`consistent with the order of referral to mediation.
`September 22, 2023 Deadline for any party claiming patent
`infringement to file opening claim construction
`brief (simultaneous opening briefs are not
`permitted) and deadline to file opening brief
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`July 14, 2023
`August 18, 2023
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`September 8, 2023
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`2 This date currently precedes the June 30, 2023, deadline for Defendants’ responsive patent
`contentions for the ’941 Patent and Wingtech’s responsive patent contentions for all 13 asserted
`patents.
`3 This date currently precedes the June 30, 2023, deadline for Defendants’ responsive patent
`contentions for the ’941 Patent and Wingtech’s responsive patent contentions for all 13 asserted
`patents.
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`5
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`

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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 6 of 9
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`Current Date
`
`Proposed Date
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`September 22, 2023 October 13, 2023
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`October 6, 2023
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`October 27, 2023
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`November 24, 2023
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`November 24, 2023
`(Unchanged)
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`December 1, 2023
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`December 1, 2023
`(Unchanged)
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`November 30, 2023
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`January 12, 2024
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`January 31, 2024
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`March 20, 2024
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`April 22, 2024
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`November 30, 2023
`(Unchanged)
`January 12, 2024
`(Unchanged)
`January 31, 2024
`(Unchanged)
`March 20, 2024
`(Unchanged)
`April 22, 2024
`(Unchanged)
`
` Description
`asserting claims for invalidity and
`unenforceability.
`Deadline for any party opposing a claim of patent
`infringement to file responsive claim construction
`brief and deadline to file responsive brief
`regarding claims for invalidity and
`unenforceability.
`Deadline for any party claiming patent
`infringement to file reply claim construction brief
`and deadline to file reply brief regarding claims
`for invalidity and unenforceability.
`Deadline to provide information regarding advice
`of counsel. (If the Court has not yet ruled on
`claim construction the parties should file a motion
`to extend this date.)
`Deadline to complete fact discovery.
`Deadline to disclose the identity of expert
`witnesses, and to exchange expert witness
`summaries/reports pursuant to Federal Rule of
`Civil Procedure 26(a)(2). Rebuttal disclosures are
`permitted, and must conform to the deadline set
`forth in Federal Rule of Civil Procedure
`26(a)(2)(C)(ii).
`Deadline to complete mediation.
`
`Deadline to complete all expert discovery.
`
`Deadline for the filing of all dispositive motions
`and Daubert motions.
`Deadline for the filing of pretrial motions,
`including motions in limine.
`Deadline to file joint pretrial stipulation under
`Local Rule 16.1(e) and pretrial disclosures as
`required by Federal Rule of Civil Procedure
`26(a)(3).
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`6
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`

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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 7 of 9
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`Current Date
`May 10, 2024
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`Proposed Date
`May 10, 2024
`(Unchanged)
`
` Description
`Deadline to file proposed jury instructions (if the
`matter is set for a jury trial) or proposed findings
`of fact and conclusions of law (if the matter is set
`for a bench trial) consistent with Local Rule
`16.1(k).
`
`
`
`
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`WHEREFORE, the Parties respectfully request that this Court enter an Order requiring any
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`response to this motion by June 20, 2023 and after consideration of any response and reply, enter
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`an Order modifying certain patent contention, claim construction, and pretrial deadlines as set forth
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`above.
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`LOCAL RULE 7.1(a)(3) CERTIFICATION
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`The Parties have conferred in good faith regarding the relief requested in this motion.
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`Plaintiff has stated that it opposes the motion but agrees to a shortened response due date of June
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`20, 2023. Defendants Wingtech International Inc. and Wingtech Technology Co. have provided
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`no position on the motion.
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`
`
`
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`Respectfully submitted,
`
`
`s/Joseph W. Bain
`JOSEPH W. BAIN, Esq.
`Florida Bar No. 860360
`Email: jbain@shutts.com
`SHUTTS & BOWEN LLP
`1100 City Place Tower
`525 Okeechobee Boulevard
`West Palm Beach, Florida 33401
`Telephone: (561) 835-8500
`Facsimile: (561) 650-8530
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`
`
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`
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`
`
`/s/Matthew J. Moffa
`MATTHEW J. MOFFA, ESQ. (pro hac vice)
`Email: MMoffa@perkinscoie.com
`PERKINS COIE LLP
`1155 Avenue of the Americas, 22nd floor
`New York, NY 10036
`Telephone: (212) 262-6900
`
`KEVIN PATARIU, ESQ. (pro hac vice)
`Email: kpatariu@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real
`Suite 300
`San Diego, CA 92013
`Telephone: (858) 720-5700
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`7
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`

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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 8 of 9
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`JODI-ANN TILLMAN, ESQ.
`Florida Bar No. 1022214
`Email: jtillman@shutts.com
`SHUTTS & BOWEN LLP
`200 East Broward Blvd.
`Suite 2100
`Fort Lauderdale, Florida 33301
`Telephone: (561) 671-5822
`Facsimile: (561) 650-8530
`
`DEFENDANTS
`FOR
`ATTORNEYS
`HMD AMERICA, INC., HMD GLOBAL
`OY, BEST BUY, BEST BUY STORES, L.P.,
`TARGET CORP. and WALMART INC.
`
`
`
`MICHAEL A. CHAJON, ESQ. (pro hac vice)
`Email: MChajon@perkinscoie.com
`PERKINS COIE LLP
`700 13th Street, NW
`Suite 800
`Washington, D.C. 20005-3960
`Telephone: (202) 654-6200
`
`ATTORNEYS FOR DEFENDANTS
`HMD AMERICA, INC., HMD GLOBAL
`OY, BEST BUY, BEST BUY STORES,
`L.P., and TARGET CORP.
`
`
`
`
`
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`8
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`

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`Case 1:22-cv-22706-RNS Document 183 Entered on FLSD Docket 06/16/2023 Page 9 of 9
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`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on this 16th day of June, 2023, I electronically filed the
`foregoing with the Clerk of Court by using the CM/ECF system which served a copy on the
`following Service List:
`
`
`
`
`By:
`
`/s/Joseph W. Bain
` Joseph W. Bain
`
`Alexander Frederick Rojas, Esq.
`Florida Bar No. 124232
`Jose Ignacio Rojas, Esq.
`Florida Bar No. 331546
`ROJASLAW
`201 S. Biscayne Blvd., Ste 28th Floor
`Miami, FL 33131
`Telephone: (305) 446-4000
`Facsimile: (305) 985-4146
`Email: arojas@rojaslawfirm.com
`jrojas@rojaslawfirm.com
`
`ATTORNEYS FOR PLAINTIFF
`BELL NORTHERN RESEARCH, LLC
`
`Andrew J. Fuller, Esq.
`Florida Bar No. 1021164
`NELSON MULLINS RILEY &
`SCARBOROUGH LLP
`2 South Biscayne Blvd.
`Suite 21st Street
`Miami, Florida 33131
`Tel: 305-373-9487
`Email: Andrew.fuller@nelsonmullins.com
`Vicki.mattison@nelsonmullins.com
`
`ATTORNEYS FOR DEFENDANTS
`WINGTECH TECHNOLOGY CO., LTD.
`WINGTECH INTERNATIONAL, INC.
`
`SERVICE LIST
`
`Christopher Clayton, Esq. (pro hac vice)
`Paul Richter, Esq. (pro hac vice)
`Adam Woodward (No. 1029147)
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, DE 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`Email: cclayton@devlinlawfirm.com
`prichter@devlinlawfirm.com
`awoodward@devlinlawfirm.com
`
`ATTORNEYS FOR PLAINTIFF
`BELL NORTHERN RESEARCH, LLC
`
`David M. Airan, Esq. (pro hac vice)
`Christopher Gass, Esq. (pro hac vice)
`Nicole E. Kopinski Esq. (pro hac vice)
`LEYDIG, VOIT & MEYER, LTD.
`Two Prudential Plaza - Suite 4900
`180 North Stetson Avenue
`Chicago, IL 60601
`Tel: 312-616-5600
`Email: dairan@leydig.com
`cgass@leydig.com; nkopinski@leydig.com
`
`ATTORNEYS FOR DEFENDANTS
`WINGTECH TECHNOLOGY CO., LTD.
`WINGTECH INTERNATIONAL, INC.
`
`
`WPBDOCS 11719304 1
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`9
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