`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`
`Case No. 1:22-cv-22706-RNS
`
`
` BELL NORTHERN RESEARCH, LLC,
`
`
`
`
`
`
`
`JURY TRIAL DEMANDED
` HMD AMERICA, INC.; HMD GLOBAL OY;
` SHENZHEN CHINO-E COMMUNICATION
` CO., LTD.; HON HAI PRECISION
` INDUSTRY CO., LTD; TINNO MOBILE
` TECHNOLOGY CORP.; SHENZHEN TINNO
` MOBILE CO., LTD.; TINNO USA, INC.;
` UNISOC TECHNOLOGIES CO., LTD.;
` SPREADTRUM COMMUNICATIONS USA,
` INC.; WINGTECH TECHNOLOGY CO.;
` LTD.; WINGTECH INTERNATIONAL, INC.;
` BEST BUY CO., INC.; BEST BUY STORES
` L.P.; TARGET CORP.; WALMART INC.,
`
`
`Plaintiff,
`
`v.
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`Defendant(s).
`
`
`PLAINTIFF BELL NORTHERN RESEARCH, LLC’S OPPOSITION TO DEFENDANTS
`MOTION TO MODIFY SCHEDULING ORDER
`
`Plaintiff Bell Northern Research (“BNR”) opposes Defendants HMD America, Inc., HMD
`
`
`
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`Global Oy, Best Buy Co., Inc., Best Buy Stores L.P., Target Corp., and Walmart Inc.’s
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`(collectively, “Defendants”) Motion to Modify Scheduling Order [ECF No. 183] and states as
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`follows:
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`1.
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`Plaintiff has cooperated in good faith to resolve the Defendants’ concerns regarding
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`Plaintiff’s infringement contentions, and provided supplemental contentions. Plaintiff has also not
`
`opposed Defendants’ motions for enlargement to prepare its responsive contentions. See Joint
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`Motion to Modify Scheduling Order [ECF No. 173], dated April 27, 2023, and Defendants’
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`Unopposed Motion for Enlargement [ECF No. 179], dated June 8, 2023. Defendants have, to date,
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`1
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`Case 1:22-cv-22706-RNS Document 188 Entered on FLSD Docket 06/20/2023 Page 2 of 5
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`filed invalidity contentions as to all but one asserted patent, U.S. Patent No. 6,696,941 (“the ’941
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`Patent”).
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`2.
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`Defendants have been aware of the separate claim construction deadlines since
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`entry of the Amended Scheduling Order [ECF No. 174], on April 28, 2023, which called for service
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`of supplemental contentions as to the ‘941 Patent. Defendants were also aware of the existing
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`deadlines following such service on May 24, 2023. Nevertheless, Defendants did not seek the
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`instant extension until approximately one week before the next deadline (to serve proposed terms
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`for construction on June 23, 2023).
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`3.
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`More critically, Defendants seek a full, multi-week extension of all claim
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`construction deadlines in this action on the basis of an outstanding deadline to serve invalidity
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`contentions as to one patent. Defendants agreed to and have been given the requested time to as to
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`all other asserted patents. Simply put, a wholesale extension is not warranted under the
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`circumstances.
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`WHEREFORE Plaintiff respectfully requests that Defendants’ Motion to Modify
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`Scheduling Order [ECF No. 183] be denied.
`
`
`
`Dated: June 20, 2023
`
`
`
`
`
`/s/ Jose I. Rojas
`Paul Richter (admitted pro hac vice)
`prichter@devlinlawfirm.com
`Christopher Clayton (admitted pro hac vice)
`cclayton@devlinlawfirm.com
`Adam Woodward
`awoodward@devlinlawfirm.com
`Florida Bar No. 1029147
`DEVLIN LAW FIRM LLC
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Jose I. Rojas
`Florida Bar No. 331546
`2
`
`
`
`Case 1:22-cv-22706-RNS Document 188 Entered on FLSD Docket 06/20/2023 Page 3 of 5
`
`jrojas@rojaslawfirm.com
`Alexander F. Rojas
`Florida Bar No. 124232
`arojas@rojaslawfirm.com
`ROJASLAW
`201 S. Biscayne Blvd., 28th Floor
`Miami, FL 33131
`Telephone: (305) 446-4000
`Facsimile: (305) 985-4146
`
`Attorneys for Plaintiff
`Bell Northern Research, LLC
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 20, 2023, I caused the foregoing to be electronically filed
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`with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
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`registered participants.
`
`
`
`
`
`/s/ Jose I. Rojas
`Jose I. Rojas
`
`
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`3
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`Case 1:22-cv-22706-RNS Document 188 Entered on FLSD Docket 06/20/2023 Page 4 of 5
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`i
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`Case 1:22-cv-22706-RNS Document 188 Entered on FLSD Docket 06/20/2023 Page 5 of 5
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