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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INTERDIGITAL COMMUNICATIONS
INC., et al
Plaintiffs,
v.
ZTE CORPORATION, et al,
Defendants,
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CA NO. 13-9-RGA
December 15, 2015
8:36 O'clock a.m.
TRANSCRIPT OF STATUS CONFERENCE
BEFORE THE HONORABLE RICHARD G. ANDREWS
UNITED STATES DISTRICT JUDGE
APPEARANCES:
For Plaintiffs: SMITH, KATZENSTEIN & JENKINS
BY: NEAL C. BELGAM, ESQ
Case 1:13-cv-00009-RGA Document 569 Filed 03/02/16 Page 1 of 7 PageID #: 41843
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2
-and-
LATHAM & WATKINS LLP
BY: MAXMILIAN A. GRANT, ESQ
-and-
WILSON SONSINI GOODRICH & ROSATI
BY: DAVID A. STEUER, ESQ
For Defendants: RICHARDS, LAYTON & FINGER
BY: KELLY E. FARNAN, ESQ
-and-
MCDERMOTT, WILL & EMERY
BY: CHARLES M. MCMAHON, ESQ
BY: JAY H. REIZISS, ESQ
Court Reporter: LEONARD A. DIBBS
Official Court Reporter
Case 1:13-cv-00009-RGA Document 569 Filed 03/02/16 Page 2 of 7 PageID #: 41844
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3Case 1:13-cv-00009-RGA Document 569 Filed 03/02/16 Page 3 of 7 PageID #: 41845
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P R O C E E D I N G S
THE COURT: So this is a status conference
In Interdigital versus ZTE, Civil Action No. 13-9.
I know most of you. I guess I know all of you.
Why don't you put on the record who's here starting
with Mr.Belgam:
MR. BELGAM: Neal Belgam for plaintiff. With me is
Dave Steuer and Max Grant.
MR. GRANT: Good morning, sir.
THE COURT: Good respecting.
MS. FARNAN: For ZTE, good morning, your Honor, Kelly
Farnan.
My co-counsel Charlie McMahon and Jay Reiziss.
The only changes is that they are now with McDermott
Will & Emery.
THE COURT: Where were you before?
MR. MCMAHON: Brinks Gilson. Just stepped across the
street. Good morning.
THE COURT: All right. Good morning to you all.
So thank you for coming.
I wanted this status conference because of a confluence
of things, one of which was, I sort of noticed that there was no
activity going on, at least no activity that was visible to me.
Two, I ran into Mr. Belgam on the street. He reminded
Case 1:13-cv-00009-RGA Document 569 Filed 03/02/16 Page 4 of 7 PageID #: 41846
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me of all of your existence.
And three, I've been sitting on this Judgment as a
Matter of Law opinion.
I figured that I ought to tell you what was going on
there if it wasn't evident, perhaps it would not be evident.
So, starting with the last thing first. Two thirds of
it is written.
I haven't done anything on the patent, that is, I
understand the PTAB has -- I don't know exactly what the right
technology, but essentially they have invalidated it and it's on
appeal to the Federal Circuit.
It just seemed to me that no matter what I did, the
Federal Circuit was going to do something, and though, it
strikes me that if he they reverse the PTAB, that doesn't
necessarily mean at the end of the day that they have to find
the patent not to be invalid.
But, you know, it strikes me that if they do something
along that lines, it's probably going to be informative. It's
not necessarily binding.
If they affirm the PTAB, it seems it's going to be
binding on me.
So, it just seems since I have enough other things to
do, it's not something that I really wanted to be spending my
time doing.
You know, I am going to deny the JMOL on the other two
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patents. That's one thing.
I could not remember which of the patents -- of the
four patents involved, the potential FRAND issues. I will ask
you that. So I also wanted to see whether there is any input
that you all wanted to give me about anything, or something else
that you think I should be doing.
I have this latest Order that, you know, talks about
among other things, including fact discovery relating to FRAND
and damages by March 4th.
But as I said, I didn't see a whole lot of things going
on, and maybe there's just nothing you need to do.
But if you are waiting for me, I figured I ought to at
least tell you where I was.
MR. GRANT: I think we have the solution to all your
problems, your Honor.
I think we're in agreement with regards to the '244,
that that should just be held in abeyance or stayed, or however
you want to describe it until the Federal Circuit releases its
opinion. I think we're all in agreement on that.
And I think we all here would jointly ask the Court to
put things on hold for 90 days,
We all agree that we've been holding off on discovery.
So,
we need to alter that schedule jointly.
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THE COURT: As you may have heard, I'm generally
against having things off the record, but I will offer this
request.
Off the record.
(A discussion was held off the record.)
THE COURT: Back on the record.
(At this time the Court went back on the record.)
There will be a status report due in 90 days. I'll
schedule something fairly soon after that, .
MR. GRANT: Happy Holidays.
THE COURT: Happy Holidays.
(End of conference.)
Case 1:13-cv-00009-RGA Document 569 Filed 03/02/16 Page 7 of 7 PageID #: 41849