Free Motion to Shorten Time - District Court of California - California

Case 5:03-cv-04669-JW

Document 263

Filed 10/05/2004

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1 Teresa M. Corbin (SBN 132360) Thomas Mavrakakis (SBN 177927) 2 HOWREY SIMON ARNOLD & WHITE, LLP 301 Ravenswood Avenue 3 Menlo Park, California 94025 Telephone: (650) 463-8100 4 Facsimile: (650) 463-8400 5 Attorneys for Plaintiff SYNOPSYS, INC. and for Defendants AEROFLEX INCORPORATED, 6 AMI SEMICONDUCTOR, INC., MATROX ELECTRONIC SYSTEMS, LTD., MATROX 7 GRAPHICS, INC., MATROX INTERNATIONAL 8 CORP. and MATROX TECH, INC. 9 10 11 12 13 RICOH COMPANY, LTD., 14 15 vs. Plaintiff, ) ) ) ) ) ) ) ) ) ) Case No. C03-04669 MJJ (EMC) Case No. C03-2289 MJJ (EMC) PLAINTIFF SYNOPSYS, INC.' AND S DEFENDANTS' NOTICE OF MOTION AND MOTION TO SHORTEN TIME FOR HEARING ON MOTION REQUESTING EQUAL PRESENTATION TIME AT TUTORIAL Date: To Be Determined Time: To Be Determined Courtroom: 11 Judge: Martin J. Jenkins UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

16 AEROFLEX INCORPORATED, et al., 17 18 19 20 21 22 vs. SYNOPSYS, INC., Plaintiff, Defendants.

RICOH COMPANY, LTD., a Japanese 23 corporation 24 25 26 27 28
HOWREY SIMON ARNOLD & WHITE

Defendant.

) ) ) ) ) ) ) ) ) ) )

Case Nos. C03-04669 MJJ (EMC) and C03-2289 MJJ (EMC) Motion to Shorten Time
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Case 5:03-cv-04669-JW

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NOTICE OF MOTION AND MOTION TO SHORTEN TIME Plaintiff Synopsys, Inc. and Defendants Aeroflex Incorporated, AMI Semiconductor, Inc.,

3 Matrox Electronic Systems Ltd., Matrox Graphics Inc., Matrox International Corp., and Matrox Tech, 4 Inc. (collectively "Synopsys and Defendants") seek an Order from this Court under Local Rule 6-3(a) 5 to shorten the time for the hearing on their Motion Requesting Equal Presentation Time At Tutorial 6 filed October 5, 2004. 7 In the underlying Motion Requesting Equal Presentation Time At Tutorial, Synopsys and

8 Defendants seek to be allowed equal time to present a tutorial. 9 There has been only one previous time modification in this action while pending in the

10 Northern District of California. See Declaration of Thomas C. Mavrakakis In Support of Motion to 11 Shorten Time ("Mavrakakis Decl.") ¶ 2. Moreover, given that this motion will not affect the timing of 12 the October 20, 2004 neutral expert tutorial, the request to shorten time on Synopsis and Defendants' s 13 Motion Requesting Equal Presentation Time At Tutorial will not have any effect on this action' 14 schedule. See Mavrakais Decl. ¶ 3. 15 16 RELIEF REQUESTED Specifically, Synopsys and Defendants seek an Order from the Court: 1) setting the hearing

17 date for their Motion Requesting Equal Presentation Time At Tutorial to October 13, 2004; 2) that 18 Ricoh file and serve its opposition brief to that motion on October 8, 2004; and, 3) that Synopsys and 19 Defendants waive their right to a reply brief. 20 21 I. 22 MEMORANDUM OF POINTS AND AUTHORITIES STATEMENT OF ISSUES TO BE DECIDED Whether the Court should conserve its resources and the resources of the parties by hearing

23 the Motion Requesting Equal Presentation Time At Tutorial on a shortened schedule? 24 25 26 27 28
HOWREY SIMON ARNOLD & WHITE

Case Nos. C03-04669 MJJ (EMC) and C03-2289 MJJ (EMC) Motion to Shorten Time
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Case 5:03-cv-04669-JW

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ARGUMENT A Shortened Briefing Schedule And October 13, 2004 Hearing Date Is Warranted Since the Court' July 22, 2004 order regarding the neutral expert tutorial, Synopsys and s

4 Defendants have diligently tried to work with Ricoh to identify a process for preparing and presenting 5 6 7 8 9 10 intended to use its own expert for the preparation and presentation of the tutorial, and that it would unilaterally determine the final content of the presentation. Despite the Court' clear intention for the neutral expert tutorial to provide a fair and unbiased s a truly neutral expert tutorial that would simply show the Court how the invention in the patent-in-suit works, as the Court requested. After initially refusing to meet and confer, Ricoh indicated that it

11 presentation of the invention at issue, Ricoh intends to present expert testimony in the guise of a 12 neutral expert tutorial that is actually skewed toward its claim construction positions. Allowing Ricoh 13 14 two weeks before the tutorial, it is obvious that the parties will not be able to present a single neutral 15 16 17 expert tutorial by a truly neutral expert and with content agreed upon by all the parties. Synopsys and Defendants have attempted to meet and confer with Ricoh on this issue for two to present its one-sided tutorial will certainly prejudice Synopsys and Defendants. At this late date,

18 months, exchanging more than two-dozen letters, and conducting several phone calls. See Mavrakakis 19 Decl. ¶ 4; Motion Requesting Equal Presentation Time At Tutorial and supporting exhibits. The 20 parties have been unable to reach an agreement that will lead to a neutral expert tutorial. Therefore, it 21 is essential that the Court resolve this issue prior to the October 20, 2004 tutorial so that the proceeding 22 is fair and unbiased. 23 24 25 26 27 28
HOWREY SIMON ARNOLD & WHITE

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CONCLUSION For the foregoing reasons, the Court should hear Synopsys'and Defendants'Motion

3 Requesting Equal Presentation Time At Tutorial on shortened time. 4 5 6 Date: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY SIMON ARNOLD & WHITE

Respectfully submitted,

October 5, 2004

/s/ Thomas C. Mavrakakis Thomas C. Mavrakakis HOWREY SIMON ARNOLD & WHITE LLP Attorneys for Plaintiffs SYNOPSYS, INC. and for Defendants AEROFLEX INC., et al.

-3Case Nos. C03-04669 MJJ (EMC) and C03-2289 MJJ (EMC) Motion to Shorten Time