STIPULATION AND PROPOSED ORDER PERMITTING LIMITED DEPOSITIONS IN JANUARY 2017 PURSUANT TO CIVIL L.R. 6-2 AND 7-12
HAYWOOD S. GILLIAM, Jr., District Judge.
The parties in this case have been working to complete discovery with minimal intrusion to potential witnesses, especially third-party witnesses. The parties have subpoenaed several third-party witnesses who have indicated that they are unavailable before the December 16 fact discovery cutoff, but are available to be deposed in January. (Dkt. 95.) For the convenience of the witnesses, the parties wish to conduct depositions of only the following third-parties in January: (1) Xsens/Per Slycke, (2) STMicroelectronics, (3) Broadcom, (4) NXP, (5) Eric Bachmann, (6) Sinan Karahan, (7) Caleb Chamberlain, and (8) Marv Su. In addition, due to scheduling difficulties, CyWee wishes to depose (9) Kaiann Drance, (10) Brian King, and (11) Apple's Corp. Rep. on Noninfringement and NXP in January. The parties also previously agreed to allow the Apple Corp. Rep. on Licensing deposition to take place following resolution of the parties' discovery dispute. (Dkt. 119).
The parties anticipate that a majority of these depositions would be completed by January 20, 2017, and no other deadlines would need to be moved. Civil L.R. 6-2(a)(3). The Court previously granted modifications of deadlines relating to claim construction and other deadlines. (Dkt. 46, 50, 54, 80, 85, 95, 108.)
IT IS SO STIPULATED:
Pursuant to the parties' stipulation, the parties may take the depositions identified in their stipulation on or before January 20, 2017.
IT IS SO ORDERED.
DECLARATION OF TIMOTHY S. TETER IN SUPPORT OF STIPULATION AND PROPOSED ORDER PERMITTING LIMITED DEPOSITIONS IN JANUARY 2017 PURSUANT TO CIVIL L.R. 6-2 AND 7-12
Pursuant to Civ. L.R. 6-2 and 7-11, I, Timothy S. Teter, hereby declare as follows:
1. I am a Partner at Cooley LLP and one of the lawyers representing Apple Inc.
2. The parties have subpoenaed the following: Xsens/Per Slycke, STMicroelectronics, Broadcom, NXP, Eric Bachmann, and Caleb Chamberlain. CyWee has indicated that it wishes to take depositions of Sinan Karahan, Kaiann Drance, Brian King, Apple's Corp. Rep. on Noninfringement and NXP, and Apple's Corp. Rep. on Licensing.
3. Third-party witnesses Xsens/Per Slycke, Broadcom, NXP, and STMicroelectronics are unavailable before the fact discovery deadline. Third-party witness Eric Bachmann was subpoenaed regarding his work at the Naval Postgraduate School, and the parties have been working with the Office of the Chief of Naval Research regarding the scope of the Bachmann testimony. CyWee's counsel were unavailable for the dates that would work for third-party witness Sinan Karahan, and Apple witnesses Kaiann Drance and Brian King.
4. Last week, CyWee indicated that it intends to call Marv Su, a former CyWee employee, at trial to testify about interactions between Apple and CyWee in 2010 and 2012. The parties disagree regarding whether those interactions were relevant or properly the subject of any willfulness allegation in this case; but in any event, CyWee's disclosure of Mr. Su as an expected trial witness requires Apple to take his deposition. Apple did not previously depose Mr. Su because CyWee did not previously plead or disclose Mr. Su or the 2010 and 2012 interactions as a basis for willfulness (e.g., Dkt. 1, 9, 87, 98-5) and did not supplement its initial disclosures or otherwise identify Mr. Su as a potential trial witness until December 9, 2016.
5. Counsel for CyWee Group Ltd. and counsel for Apple Inc. met-and-conferred in-person and exchanged emails regarding deposition scheduling.
6. The parties have stipulated to conduct only the following depositions in January 2017, provided the Court agrees: (1) Xsens/Per Slycke, (2) STMicroelectronics, (3) Broadcom, (4) NXP, (5) Eric Bachmann, (6) Sinan Karahan, (7) Caleb Chamberlain, (8) Marv Su, (9) Kaiann Drance, (10) Brian King, and (11) Apple's Corp. Rep. on Noninfringement and NXP. CyWee also wishes to take the deposition of (12) Apple's Corp. on Licensing after resolution of the parties' discovery dispute. The parties anticipate that a majority of these depositions would be completed by January 20, 2017, and that no other deadlines would need to be moved. Civil L.R. 6-2(a)(3). The Court previously granted modifications of deadlines relating to claim construction and other deadlines. (Dkt. 46, 50, 54, 80, 85, 95, 108.)
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
