Free Remark - District Court of Delaware - Delaware

Case 1:04-cv—00418-SLR Document 142 Filed 11/07/2005 Page 1 of 2
E-Mail Request for Emergency Relief
1. Case Number: fig;4w;cvg418_;_-SLR
2. Check the box that applies:
I Requesting a teleconference with the parties and the court
Requesting an in-person conference with the parties and the court
lg Requesting either of the above listed options at the court’s determination
3. BRLQQ describe th i eesen fQ_Qthi&..9.m@. Ql1 Q. @5 2 .. .. _ ..... - , . .. - .t. .. g
In this 7 patent case, claim construction and summary judgment briefs are due ,
November 18. Seagate believes that the claim construction issues on all 7 patents l
can be addressed in a single brief of no more than 75 pages, while Cornice intends j `
to Hle 7 separate briefs, each up to 40 pages. Seagate requests that the Court
impose a briefing structure that minimizes the burden on the Coun and the parties.
Seagate also wishes to confirm that under the Court's Order of November 9, 2004,
i eagate should defer filing of any dispositive motions related to Cornice's tortious
‘ nterference and unfair competition counterclaims until after trial of the patent issues
e nd that Cornice will not be allowed to present those counterclaims at the patent trial .. _
*Any text added beyond t e Ii i s will be disregarded by the court.
4. Name of opposing counsel contacted about this request: David C. Radulescuf"Esq.@
5. Response of opposing counsel to this request;
Cornice suggests filing 7 separate claim consruction briefs, each up to 40 pages.
6. Name of local counsel making this request: i n .7 _ s' r,” i f _g lg
For court use only:
I:] A teleconference will be held on to be coordinated and
initiated by
I;] An in-person discovery conference will be held on:
if Other: 1) Because the patents are not related, l will accept 7 separate opening briefs
with a total page limit of 150 pages (i.e., no one brief may be more than 40 pages, all
7 briefs may not exceed 150 pages in total). Responsive briefs shall be limited to 75
pages in total length, with no one brief longer than 25 pages. (continued to page 2)

Case 1:04-cv—00418-SLR Document 142 Filed 11/07/2005 Page 2 of 2
Page 2 of E-mail
2) Consistent with my November 9, 2004 order, there will be no dispositive motion
practice related to C0rnice's tortious interference and unfair competition counterclaims.

Case 1:04-cv-00418-SLR

Document 142

Filed 11/07/2005

Page 1 of 2

Case 1:04-cv-00418-SLR

Document 142

Filed 11/07/2005

Page 2 of 2