ThebondoKid Friday, 01/17/20 04:15:29 PM Re: None Post # of 7473 DSS is wasting a whole lot of money...….they cant exit the IP litigation business fast enough. Their attorneys have been with DSS for years and they cant make a right move. Dumber than rocks, but great at legal billing! DSS’ Position: DSS is currently evaluating the Court’s Order of January 14, 2020, and believes that the Court should reconsider its ruling. Pursuant to Local Rule 7-9, DSS expects to file a Motion for Leave to File a Motion for Reconsideration outlining a “manifest failure [to] consider material facts or dispositive legal arguments which were presented to the Court.” DSS will be prepared to discuss the Court’s Order of January 14, 2020, at the Case Management Conference and its proposal for moving forward. Apple’s Position: On January 14, 2020, the Court issued an order denying DSS’ motion to amend infringement contentions and granting Apple’s cross-motion to strike DSS’ infringement expert report, which means that DSS has no infringement theory left to advance at trial. Apple already has moved for summary judgment of non-infringement on the ground that DSS would have no basis to proceed on its infringement claim at trial if the Court denied DSS’ motion to amend its infringement contentions and granted Apple’s motion to strike DSS’ infringement expert report, which the Court now has done. Dkt. 264 at 25 (Apple motion); Dkt. 315 at 25 (DSS response); Dkt. 368 at 15 (Apple reply). DSS has not identified any legal or factual basis that would allow it to proceed now that its infringement report has been struck and its motion to amend its infringement contentions has been denied. Accordingly, if DSS does not stipulate to judgment of non-infringement, Apple respectfully requests that the Court grant Apple’s pending motion for summary judgment of non-infringement.