Free Status Report - District Court of California - California

Case 4:07-cv-06511-CW

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Counsel Listed on Signature Page

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION LG ELECTRONICS, INC., ) ) Plaintiff/Counterclaim Defendant, ) ) v. ) ) HITACHI, LTD., HITACHI AMERICA, LTD., ) HITACHI DATA SYSTEMS CORPORATION, ) and HITACHI COMPUTER PRODUCTS ) (AMERICA), INC., ) ) Defendants and Counterclaimants. ) ) ) Case No: 4:07 CV 6511 CW

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REPORT OF PARTIES REGARDING CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CASE MANAGEMENT ORDER OF APRIL 18, 2008

REPORT RE. CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CM ORDER OF APRIL 18, 2008 CASE NO. 4:07 CV 6511 CW

Case 4:07-cv-06511-CW

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INTRODUCTION In its April 18, 2008 Case Management Order [Docket No. 45], the Court ordered: "[p]arties to meet and confer by 6/15/08 re using Dr. Berger [sic] as court-appointed expert and prepare an agreement and submit proposed order to the Court similar to the order in related case 01-2187; If parties cannot agree by 6/15, then each party shall submit a separate proposal re who should be court-appointed expert." As of the filing of this Report, Dr. Burger has not submitted his report in the 01-2187 (LGE/Quanta) case. Dr. Burger and the parties in the LGE/Quanta case are presently trying to determine a date by which Dr. Burger can complete his report, but as yet no new deadline has been set. Plaintiff LG Electronics Inc. ("LGE") and Defendants Hitachi, Ltd., Hitachi America, Ltd. ("HAL"), Hitachi Data Systems Corporation ("HDS"), and Hitachi Computer Products (America), Inc. ("HCPA") (collectively "Defendants") report as follows: LGE'S STATEMENT The June 15, 2008 deadline was set by the Court, at least in part, to give the parties ample time to review Dr. Burger's report before making their decisions. Transcript of CMC at 23:18 24:25, April 15, 2008. LGE believes that, in light of Dr. Burger's schedule, it is premature to require the parties to agree or disagree on using Dr. Burger in this case. Because Dr. Burger is currently discussing a new deadline for issuing his report, LGE respectfully requests that the Court re-set the deadline for LGE and Defendants to indicate to the Court whether or not we can agree to use Dr. Burger. In particular, LGE respectfully requests that the Court amend the Case Management Order to re-set the deadline for the parties to indicate whether or not they will agree to use Dr. Burger to 14 days from the date Dr. Burger issues his report. The close of expert discovery and first deadline for claim construction briefing in this case is October 2009, which is sufficiently in the future to allow amendment of the deadline to accommodate Dr. Burger's issuance of his report without impacting the expert discovery or claim construction schedule in this case. Amending the Case Management Order provides the parties with the information which LGE believes the Court intended the parties to have in evaluating Dr. Burger, -1REPORT RE. CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CM ORDER OF APRIL 18, 2008 CASE NO. 4:07 CV 6511 CW

Case 4:07-cv-06511-CW

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namely his report. Having the benefit of Dr. Burger's report will provide both parties with significant additional information to properly evaluate his candidacy, and the fact that Dr. Burger's original deadline passed without a report being filed was outside the control of the parties. In the interests of rational administration of this case, LGE believes that re-setting the deadline is a reasonable accommodation of Dr. Burger's schedule and ensures the parties will have a more complete record on which to evaluate him. LGE has met and conferred with Hitachi on this proposal. For all the above reasons, LGE respectfully requests the Court to issue an Order amending the Case Management Order to re-set the deadline for choosing Dr. Burger or submitting separate proposals regarding a court-appointed expert, until 14 days after he issues his report in the LGE/Quanta case. DEFENDANTS' STATEMENT In response to the Court's April 18, 2008 Minute Order and Case Management Order regarding the selection of Dr. Burger as Court-appointed expert, and in light of the amount of time Dr. Burger has already spent reviewing these patents, Defendants support the selection of Dr. Burger as the Court-appointed expert in this case. Due to the recent Supreme Court decision in Quanta Computer, Inc. v. LG Elec's, Inc., 553. U.S. , 86 U.S.P.Q.2d 1673 (2008), Defendants do not know

if Dr. Burger will even issue his report in the LGE/Quanta case. Accordingly, Defendants do not believe it is reasonable to set a deadline for choosing Dr. Burger based on the issuance of a report in that case.

-2REPORT RE. CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CM ORDER OF APRIL 18, 2008 CASE NO. 4:07 CV 6511 CW

Case 4:07-cv-06511-CW

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Dated: June 16, 2008

Dated: June 16, 2008

/s/ Peter H. Kang PETER H. KANG (SBN 158101) [email protected] MARC R. ASCOLESE (SBN 251397) [email protected] SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104-1715 Telephone: 415-772-1200 Facsimile: 415-772-7400 DAVID T. PRITIKIN (pro hac vice) [email protected] SIDLEY AUSTIN LLP One South Dearborn Chicago, IL 60603 Telephone: 312-853-7000 Facsimile: 312-853-7036 THOMAS N. TARNAY (pro hac vice) [email protected] SIDLEY AUSTIN LLP 717 N. Harwood, Suite 3400 Dallas, TX 75201 Telephone: 214-981-3300 Facsimile: 214-981-3400 Counsel for Plaintiff LG Electronics, Inc.

By: /s/ Perry R. Clark (SB No. 197101) KIRKLAND & ELLIS LLP 555 California Street San Francisco, California 94104 Telephone: (415) 439-1400 Facsimile: (415) 439-1500 William A Streff, Jr., P.C. [email protected] William E. Devitt, P.C. [email protected] Mark L. Varboncouer [email protected] KIRKLAND & ELLIS LLP 200 E. Randolph Drive Chicago, IL 60601 Telephone: (312) 861-2000 Facsimile: (312) 861-2200 Counsel for Defendants Hitachi, Ltd., Hitachi America, Ltd., Hitachi Data Systems Corporation, and Hitachi Computer Products (America), Inc.

-3REPORT RE. CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CM ORDER OF APRIL 18, 2008 CASE NO. 4:07 CV 6511 CW

Case 4:07-cv-06511-CW

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 16, 2008

SIGNATURE ATTESTATION

I am the ECF User whose identification and password are being used to file the foregoing REPORT OF PARTIES REGARDING CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CASE MANAGEMENT ORDER OF APRIL 18, 2008. In compliance with General Order 45.X.B., I hereby attest that the other signatory has concurred in this filing.

SIDLEY AUSTIN LLP By: /s/ Peter H. Kang Peter H. Kang SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104-1715 Telephone: 415-772-1200 Facsimile: 415-772-7400 Attorneys for Plaintiff LG Electronics, Inc.

-4REPORT RE. CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CM ORDER OF APRIL 18, 2008 CASE NO. 4:07 CV 6511 CW

Case 4:07-cv-06511-CW

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 16, 2008

CERTIFICATE OF SERVICE

The undersigned certifies that the REPORT OF PARTIES REGARDING CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CASE MANAGEMENT ORDER OF APRIL 18, 2008 was filed electronically, and pursuant to Civil L.R. 5-5 and 5-6, was served on all interested parties in this action (the above documents were served to registered ECF recipients via electronic service) on June 16, 2008.

SIDLEY AUSTIN LLP By: /s/ Peter H. Kang Peter H. Kang SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104-1715 Telephone: 415-772-1200 Facsimile: 415-772-7400 Attorneys for Plaintiff LG Electronics, Inc.

-5REPORT RE. CANDIDATE FOR COURT-APPOINTED EXPERT PURSUANT TO CM ORDER OF APRIL 18, 2008 CASE NO. 4:07 CV 6511 CW