Case 5:11-cv-00053-DF -CMC Document 50

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION MOTOROLA MOBILITY, INC. and GENERAL INSTRUMENT CORPORATION Plaintiffs, v. TIVO INC. Defendant Case No. 5:11-cv-53-DF (CMC)

NOTICE OF ALTERNATE PROPOSED DATES FOR DOCKET CONTROL ORDER As the Court directed at the status conference on January 4, 2012, TiVo has met and conferred with counsel for the Plaintiffs regarding Plaintiffs proposed dates for a schedule in this matter. The parties reached agreement on the dates below, although TiVos maintains its position that this case should be stayed pending the resolution of the TiVo v. Verizon Lawsuit and TiVo reserves the right to seek such a stay based on the status of that matter.1 STEP 1. 2. ACTION Accused Infringer serves Preliminary Invalidity Contentions Accused Infringer makes Document Production Accompanying Preliminary Invalidity Contentions RULE Patent L.R. 3-3 Patent L.R. 3-4 DATE February 8, 2012 February 8, 2012

3.

All parties make Exchange of Proposed Patent L.R. 4-1(a) Terms and Claim Elements for Construction

March 15, 2012

Although the parties agreed on the dates, the parties did not agree on the form of a joint motion to provide these dates to the Court. Because the Court directed TiVo submit its position on the proposed dates by today, TiVo is filing this notice.

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STEP 4.

ACTION Patentee shall limit the number of asserted claims to no more than ten (10) and notify the accused infringer and the Court

RULE

DATE March 20, 2012

5.

All parties meet and confer to discuss list of Patent L.R. 4-1(b) Proposed Terms and Claim Elements for Construction All Parties make Exchange of Preliminary Claim Constructions and Extrinsic Evidence. Deadline for early mediation at the Parties
request

March 27, 2012

6.

Patent L.R. 4-2(a), (b) April 4, 2012

7. 8.

April 10, 2012 Patent L.R. 4-2(c) April 30, 2012

All parties meet and confer to discuss Preliminary Claim Constructions and Extrinsic Evidence Deadline to join other parties without leave of Court, which shall be at least 60 days before the deadline for filing dispositive motions

9.

April 30, 2012

10. Amended Pleadings (pre-claim construction) due from all parties. It is not necessary to file a motion for leave to amend before the deadline to amend pleadings. It is necessary to file a motion for leave to amend after the deadline. However, amendment or supplementation of any Infringement Contentions or Invalidity Contentions, other than as expressly permitted in P. R. 3-6(a), may be made only by order of the Court, which shall be entered only upon a showing of good cause. See P.R. 3-6(b). 11. All parties jointly file Joint Claim Construction and Prehearing Statement 12. Completion of Claim Construction Discovery Patent L.R. 4-3 Patent L.R. 4-4

April 30, 2012

May 18, 2012 May 16, 2012

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STEP

ACTION

RULE Patent L.R. 4-5(a) Patent L.R. 4-5(b) Patent L.R. 4-5(c)

DATE June 1, 2012 June 15, 2012 June 22, 2012 June 29, 2012

13. Patentee files opening claim construction brief 14. Accused Infringer files responsive claim construction brief 15. Patentee files reply brief on claim construction 16. ONLY WITH LEAVE OF COURT Accused Infringer files sur-reply brief on claim construction 17. Parties file Joint Claim Construction Chart 18. Pre-hearing Conference and technical tutorial if necessary 19. Claim Construction Hearing 20. Courts Claim Construction Ruling 21. Patentee makes Final Infringement Contentions 22. Accused Infringer makes Final Invalidity Contentions

Patent L.R. 4-5(d)

July 27, 2012 August 9, 2012

Patent L.R. 4-6

August 9, 2012 September 5, 2012

Patent L.R. 3-6(a) Patent L.R. 3-6(b)

October 5, 2012 October 25, 2012 October 25, 2012 November 8, 2012

23. Accused Infringer makes disclosure relating Patent L.R. 3-7 to willfulness. 24. Deadline for completion of all fact discovery, which shall be at least 90 days before the final pre-trial conference 25. Deadline for disclosure of expert testimony FRCP 26(a)(2) L.R. on issues for which a party bears the burden CV-26(b) of proof 26. Deadline for disclosure of rebuttal expert testimony 27. Deadline for late mediation at the Parties request FRCP 26(a)(2) L.R. CV-26(b)

November 19, 2012

December 10, 2012 January 9, 2013

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STEP

ACTION

RULE

DATE January 11, 2013 January 23, 2013 February 12, 2013

28. Deadline for completion of expert discovery 29. Deadline for objections to other parties expert witnesses 30. Deadline for filing dispositive motions, including motions on invalidity and unenforceability, which shall be at least 60 days before the final pretrial conference 31. Deadline for filing all Daubert motions 32. Deadline for parties to make pretrial disclosures 33. Patentee to provide to other parties its information for Joint Final Pretrial Order,
Proposed Jury Instruction and Verdict Form

February 12, 2013 FRCP 26(a)(3) February 27, 2013 March 4, 2013

34. Accused Infringer to Provide to Patentee their information for Joint Final Pretrial Order, Proposed Jury Instruction and Verdict Form 35. Parties to file Proposed Joint Final Pretrial Order, Proposed Jury Instructions, Joint Verdict Forms and Motions in Limine. Prior to initial pretrial conference, parties shall confer with each other regarding the other partys Motion in Limine, deposition designations, and exhibit and shall submit to the Court in writing any objections they may have to the other partys Motions in Limine, deposition designations, and exhibits. 36. Initial Pretrial Conference and hearing on Motions in Limine if required and hearing on objections to deposition designations and exhibits 37. Final Pretrial Conference 38. Jury Selection

March 11, 2013

March 18, 2013

March 25, 2013

April 1, 2013 April 2, 2013

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Respectfully Submitted, Dated: January 18, 2012 By: /s/ Ellisen S. Turner (w/permission) Sam Baxter State Bar No. 01938000 sbaxter@mckoolsmith.com Garret W. Chambers State Bar No. 00792160 gchambers@mckoolsmith.com McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas TX 75201 TEL: 214.978.4016 FAX: 214.978.4044 IRELL & MANELLA LLP Morgan Chu (Pro Hac Vice) mchu@irell.com Andrei Iancu (Pro Hac Vice) aiancu@irell.com Ellisen S. Turner (Pro Hac Vice) eturner@irell.com Josh B. Gordon (Pro Hac Vice) josh.gordon@irell.com 1800 Avenue of the Stars, Suite 900 Los Angeles, California 90067 TEL: (310) 277-1010 FAX: (310) 203-7199 ATTORNEYS FOR DEFENDANT TIVO INC.

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CERTIFICATE OF SERVICE The undersigned certifies that on this 18th day of January 2012, all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document through the Courts CM/ECF system under Local Rule CV-5(a)(3). Any other counsel of record will be served by a facsimile transmission and/or first class mail.

/s/ Ellisen S. Turner Ellisen S. Turner