STIPULATED REQUEST FOR ORDER EXTENDING FACT DISCOVERY DEADLINE TO TAKE DEPOSITIONS AND PROPOSED ORDER

HAYWOOD S. GILLIAM, JR., District Judge.

Plaintiffs Koninklijke Philips N.V. and U.S. Philips Corporation ("Philips"), and Defendants Acer Inc. and Acer America Corporation ("Acer"), ASUSTek Computer, Inc. and ASUS Computer International ("ASUS"), YiFang USA, Inc. d/b/a/E-Fun, Inc. ("YiFang"), HTC Corporation and HTC America, Inc. ("HTC"), and Microsoft Corporation and Microsoft Mobile, Inc. ("Microsoft") (collectively "Defendants"), respectfully file this stipulated request to extend the fact discovery deadline in this action, currently January 4, 2019, to take certain depositions.

WHEREAS, fact discovery in these actions closes on January 4, 2019;

WHEREAS, Philips designated Brian Wieghaus, Philips' Senior Director of Intellectual Property Licensing, to testify on twenty-five topics under Fed. R. Civ. P. 30(b)(6);

WHEREAS, Philips and Defendants have agreed to take Mr. Wieghaus' deposition pursuant to Fed. R. Civ. P. 30(b)(1) and 30(b)(6) for two days;

WHEREAS, in light of the importance of Mr. Wieghaus' testimony, attendance by various Defendants' counsel requires significant coordination;

WHEREAS, in order to accommodate Mr. Wieghaus' prior commitments as well as the parties' conflicting schedules, the parties were able to agree that Mr. Wieghaus' deposition could occur on January 10 and 11, 2019, but could not agree on any earlier dates;

WHEREAS, Defendants requested the deposition of K.P. Lee, Philips offered Mr. Lee for deposition on December 11, 2018, and Defendants agreed to that date;

WHEREAS, due to a death in his family, Mr. Lee became unavailable for deposition in December 2018, Philips offered January 23, 2018, as an alternative date, and Defendants have agreed to the January 23, 2018 date;

WHEREAS, Philips requested the deposition of Acer witnesses Sanjeev Kumar and Michelle Leavitt prior to the close of fact discovery;

WHEREAS, Acer was unable to produce Mr. Kumar or Ms. Leavitt for deposition prior to the close of fact discovery;

WHEREAS, Philips and Acer met and conferred on December 20, 2018, and Acer agreed to propose deposition dates for Mr. Kumar and Ms. Leavitt;

WHEREAS, on December 21, 2018, Acer proposed that Mr. Kumar testify on January 10, 2019, and Philips has agreed to that date;

WHEREAS, on December 21, 2018, Acer proposed that Ms. Leavitt testify on February 7, 2019, and Philips has agreed to that date;

WHEREAS, Philips has designated Spencer Ramsey as a witness under several topics pursuant to Fed. R. Civ. P. 30(b)(6);

WHEREAS, Philips and Defendants attempted to negotiate an agreement whereby Defendants would forgo taking the deposition of Mr. Ramsey, but those negotiations failed;

WHEREAS, without an agreement, Defendants intend to take the deposition of Mr. Ramsey pursuant to Fed. R. Civ. P. 30(b)(1) and 30(b)(6);

WHEREAS, Defendants requested additional deposition dates for Mr. Ramsey on December 31, 2018, and Philips has yet to provide any such dates;

WHEREAS, Philips filed a Notice of Service of Subpoena and Notice of Deposition to Non-Party Intel Corp. ("Intel") on January 23, 2018 (1:15-cv-1125-GMS, D.I. 284) and served a Notice of Subpoena to Third Party Intel Corp. on August 13, 2018, each requesting the deposition of one or more Intel witnesses;

WHEREAS, Intel has agreed that one or more witnesses will testify in response to Philips' subpoenas after the close of fact discovery on January 4, 2019, that to the best of Intel's current knowledge the witness(es) will be available by the end of February 2019 but is unable to provide an exact date at this time as the witness(es) are unavailable due to previously scheduled travel, and Philips has agreed to take the deposition(s) at a time and place agreeable to both Intel and Defendants;

WHEREAS, Philips and ASUS timely served separate Notices of Subpoena to Third Party Digital Content Protection LLP ("DCP"), requesting the deposition of one or more DCP witnesses;

WHEREAS, DCP has agreed that one or more witnesses will testify in response to the subpoenas after the close of fact discovery on January 4, 2019, that to the best of DCP's current knowledge the witness(es) will be available by the end of February 2019 but is unable to provide an exact date at this time as the witness(es) are unavailable due to previously scheduled travel, and the parties have agreed to take the deposition(s) at a time and place agreeable to DCP, Philips, and Defendants;

WHEREAS, under Civ. L.R. 6-2(a)(3), the parties confirm that this requested extension of the fact discovery deadline will not impact any other deadlines in these cases;

WHEREAS, under Civ. L.R. 6-2(a)(2), the parties report that the parties have made and the Court has approved two previous stipulations seeking to modify the schedule in these cases, both granting Philips' unopposed request for an additional week of time to file reply briefs supporting its motion to partially consolidate these matters (Docket Nos. 464, 465);

WHEREAS, the parties also sought additional extensions of time from the District of Delaware before transfer of these actions to this Court, but have not reported those here because they do not believe Civ. L.R. 6-2(a)(2) calls for them;

NOW, THEREFORE, the parties hereby stipulate to and respectfully request that the Court extend the fact discovery deadline solely for purposes of the deposition of Mr. Wieghaus on January 10 and 11, 2019, the deposition of Sanjeev Kumar on January 10, 2019, the deposition of K.P. Lee on January 23, 2018, the deposition of Michelle Leavitt on February 7, 2019, the deposition of Spencer Ramsey by the end of February 2019, the deposition of one or more Intel witnesses by the end of February 2019, and the deposition of one or more DCP witnesses by the end of February 2019.

IT IS SO STIPULATED.

CIVIL L.R. 5-1(i) ATTESTATION

I, Chris Holland, hereby attest that I have been authorized by counsel for the parties listed above to execute this document on their behalf.

PURSUANT TO STIPULATION, IT IS SO ORDERED.