Free Transcript - District Court of Delaware - Delaware

Case 1:07-cv-00533-GMS-LPS

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE - - FUJINON CORPORATION, Plaintiff, v. MOTOROLA, INC., Defendant. - - Wilmington, Delaware Monday, May 19, 2008 at 11:31 a.m. TELEPHONE CONFERENCE - - HONORABLE LEONARD P. STARK, Magistrate Judge - - : : : : : : : CIVIL ACTION

NO. 07-533 (GMS/LPS)

CROSS & SIMON, LLC BY: CHRISTOPHER P. SIMON, ESQ. and MORGAN, LEWIS & BOCKIUS, LLP BY: KELL M. DAMSGAARD, ESQ. (Philadelphia, Pennsylvania) Counsel for Plaintiff

MORRIS, NICHOLS & TUNNELL, LLP BY: JACK B. BLUMENFELD, ESQ. and

Brian P. Gaffigan Official Court Reporter

Case 1:07-cv-00533-GMS-LPS

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APPEARANCES: (Continued)

NIXON PEABODY, LLP BY: EDWARD F. McCORMACK, ESQ. (Chicago, Illinois) Counsel for the defendant

- oOo P R O C E E D I N G S (REPORTER'S NOTE: The following telephone

conference was held in chambers, beginning at 11:31 a.m.) THE COURT: Are counsel on the line? (Unidentified speaker): (Unidentified speaker): THE COURT: the plaintiffs, please? MR. SIMON: Cross & Simon. Your Honor, this is Chris Simon at Yes, Your Honor. Yes, sir. First for Good morning, this is Judge Stark.

Let me know who you are.

We're Delaware counsel to the plaintiff. And this is Kell Damsgaard from

MR. DAMSGAARD:

the law firm of Morgan, Lewis & Bockius for the plaintiff. THE COURT: Okay. Good morning, Your Honor, Jack

MR. BLUMENFELD:

Blumenfeld, Morris Nichols for Motorola, the defendant; and Ed McCormack from Nixon Peabody from Chicago is also on the line for Motorola.

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MR. McCORMACK: THE COURT:

Good morning, Your Honor.

Good morning to you all. No? Great.

Anybody else? Okay.

Well, this is, of course, our scheduling

teleconference in the matter of Fujinon versus Motorola. It's our case No. 07-533-GMS/LPS. I've reviewed your submission and very pleased to see you are in agreement on all of the dates. There are

a few dates that I need to change, mostly just very slightly. So I want to give counsel those dates and then I

will look to you folks to submit a clean copy of the scheduling order incorporating these changes. I went through this. The first one would be at We want that on

Paragraph 7, the interim status report. February 5th, 2009.

The status conference then in Paragraph 8 will be February 12th, 2009 at 10:00 a.m. The tutorial. significant change. This is probably the only

My preference is to have the tutorial

substantially earlier, kind of at pretty much a midpoint of fact discovery is my practice; because while I hope you don't have any discovery disputes, my experience already to date has been that once in awhile, a discovery dispute comes up and a tutorial can be helpful for me to have earlier on. So I'm going to make the tutorial due on November 1st of

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2008.

That's Paragraph 9. Then moving to Paragraph 12, the initial briefs

on claim construction, let's change that to February 17th. I think February 16th may be a holiday. And then finally, in Paragraph 13, the hearing on claim construction, April 6th, 2009, at 10:00 a.m.; and that will just be to hear evidence and argument on claim construction so you will have to cross out "and summary judgment," the last three words of that paragraph. like the clean copy incorporating those dates to be submitted by Friday of this week. Are there any questions or other issues that need to be addressed? First from the plaintiffs. Not from the plaintiff. From defendant? No, Your Honor. Not from the And I'd

MR. DAMSGAARD: THE COURT: No?

MR. McCORMACK: defendant. THE COURT:

Okay.

Great.

Well, thank you very

much for your time, counsel. (The attorneys respond, "Thank you, Your Honor.") (Telephone conference ends at 11:34 a.m.)