Case 2:23-cv-00229-JRG Document 65 Filed 06/27/24 Page 1 of 5 PageID #: 4244
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`WILLOW INNOVATIONS, INC.,
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` Plaintiff,
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`v.
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`CHIARO TECHNOLOGY LTD.
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`Defendant.
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` Civil Action No. 2:23-cv-00229-JRG
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`JURY TRIAL DEMANDED
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`P.R. 4-3 JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Pursuant to Patent Local Rule 4-3 and the Court’s Docket Control Order (Dkt. No. 38),
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`Plaintiff Willow Innovations, Inc. (“Willow”) and Defendant Chiaro Technology Ltd. (“Elvie”)
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`submit the following Joint Claim Construction and Prehearing Statement to the Court, stating as
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`follows:
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`I.
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`P.R. 4-3(a)(1) The Construction of Terms on Which the Parties Agree
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`The parties have not reached agreement on the construction of any of the disputed terms of
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`U.S. Patent Nos. 10,398,816 (the “’816 Patent”), 10,434,228 (the “’228 Patent”), 10,625,005 (the
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`“’005 Patent”), 10,688,229 (the “’229 Patent”), 10,722,624 (the “’624 Patent”), 11,185,619 (the
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`“’619 Patent”), D832,995 (the “’D995 Patent”), and D977,625 (the “’D625 Patent”) (collectively
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`the “Asserted Willow Patents”). The parties have not reached agreement on the construction of
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`any of the disputed terms of U.S. Patent Nos. 11,260,151 (the “’151 Patent”), 11,357,893 (the
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`“’893 Patent”), 11,413,380 (the “’380 Patent”), and 11,730,867 (the “’867 Patent”) (collectively
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`the “Asserted Elvie Patents”).
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`II.
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`P.R. 4-3(a)(2) Proposed Constructions of Disputed Terms
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`1
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`Case 2:23-cv-00229-JRG Document 65 Filed 06/27/24 Page 2 of 5 PageID #: 4245
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`Exhibit A lists the parties’ proposed constructions for the terms in dispute and/or
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`indefiniteness positions for the Asserted Willow Patents and the Asserted Elvie Patents. Exhibit
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`B contains Willow’s identification of intrinsic and extrinsic evidence on which it intends to rely.
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`Exhibit C contains Elvie’s identification of intrinsic and extrinsic evidence on which it intends to
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`rely. All parties reserve the right to rely upon any intrinsic or extrinsic evidence identified by the
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`other party and any evidence obtained through claim construction discovery. Additionally, each
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`party reserves the right to amend, correct, or supplement its claim construction positions and
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`supporting evidence in response to any change of position by the other party.
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`III.
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`P.R. 4-3(a)(3) Time for the Claim Construction Hearing
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`The claim construction hearing is currently scheduled for September 19, 2024 at 9:00 a.m.
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`The parties anticipate needing 3 hours for the claim construction hearing (90 minutes per side).
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`The parties agree that the hearing time should be divided equally.
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`IV.
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`P.R. 4-3(a)(4) Witnesses to be Called at the Claim Construction Hearing
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`Neither party intends to present live witness testimony at the claim construction hearing.
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`V.
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`P.R. 4-3(a)(5) Prehearing Conference Prior to Claim Construction Hearing
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`The parties are not presently aware of any issues which might be taken up at a prehearing
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`conference prior to the claim construction hearing.
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`VI.
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`P.R. 4-3(b) Service of Expert Testimony
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`In accordance with Patent Rule 4-3(b), the parties will each simultaneously serve a
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`disclosure of expert testimony consistent with Fed. R. Civ. P. 26(a)(2)(B)(i)-(ii) or 26(a)(2)(C) for
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`any expert on which it intends to rely to support its proposed claim construction or indefiniteness
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`positions or to oppose any other party’s proposed claim construction or indefiniteness positions.
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`2
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`Case 2:23-cv-00229-JRG Document 65 Filed 06/27/24 Page 3 of 5 PageID #: 4246
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`Dated: June 27, 2024
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`Respectfully submitted,
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`/s/ Timothy S. Durst
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`O’MELVENY & MYERS LLP
`Timothy S. Durst (TX #00786924)
`tdurst@omm.com
`Cason Garrett Cole (TX #24109741)
`ccole@omm.com
`2501 North Harwood Street, Suite 1700
`Dallas, TX 75201
`Telephone: (972) 360-1900
`Facsimile: (972) 360-1901
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`Robert F. Shaffer (admitted pro hac vice)
`rshaffer@omm.com
`Jason Fountain (admitted pro hac vice)
`jfountain@omm.com
`Miao Liu (admitted pro hac vice)
`mliu@omm.com
`1625 Eye St., NW
`Washington, DC 20006
`Telephone: (202) 383-5300
`Facsimile: (202) 383-5414
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`Carolyn S. Wall (admitted pro hac vice)
`cwall@omm.com
`1301 Avenue of the Americas
`Suite 1700
`New York, NY 10019-6022
`Telephone: (212) 326-2000
`Facsimile: (212) 326-2061
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`Laura Burson (TX # 24091995)
`lburson@omm.com
`400 South Hope St
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`Facsimile: (213) 430-6407
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`Attorneys for Plaintiff
`WILLOW INNOVATIONS, INC.
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`/s/ Nirav N. Desai
`Nirav N. Desai (pro hac vice)
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`3
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`

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`Case 2:23-cv-00229-JRG Document 65 Filed 06/27/24 Page 4 of 5 PageID #: 4247
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`Josephine Kim (pro hac vice)
`Alexander Covington (pro hac vice)
`Joseph Kim (pro hac vice)
`Alex Alfano (pro hac vice)
`Michael Webb (pro hac vice)
`Paige Cloud (pro hac vice)
`Zachary Jacobs (DC Bar # 90005128)
`Christopher Coleman (pro hac vice)
`Richa Patel (pro hac vice)
`STERNE, KESSLER, GOLDSTEIN &
`FOX PLLC
`1101 K Street NW, 10th Floor
`Washington, DC 20005
`Telephone: (202) 371-2600
`Facsimile: (202) 371-2540
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`Melissa R. Smith
`Texas Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
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`Counsel for Defendant
`CHIARO TECHNOLOGY LTD.
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`4
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`Case 2:23-cv-00229-JRG Document 65 Filed 06/27/24 Page 5 of 5 PageID #: 4248
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`CERTIFICATE OF CONFERENCE
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`The undersigned hereby certifies that on June 27, 2024 counsel for Willow met and
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`conferred with counsel for Elvie to discuss the substantive issues addressed in this Statement
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`pursuant to Local Rule CV-7(h-i).
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`/s/ Timothy S. Durst
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that counsel of record who are deemed to have consented
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`to electronic services are being served with a copy of this document via the Court’s CM/ECF
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`system per Local Rule CV-5(a)(3) on June 27, 2024.
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`/s/ Timothy S. Durst
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`5
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