Samsung Pacer
by Silver Surfer
JOINT MOTION TO EXTEND CERTAIN DEADLINES
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Plaintiff e.Digital Corporation (“e.Digital”) and Samsung Electronics
America, Inc. (“Samsung”), and jointly move the Court to modify the following deadlines in the
Court’s November 7, 2008 Docket Control Order (DI 102), as amended by the Court’s July 6,
2009 Order (DI 165) as follows:
Action
Current Due Date
Proposed Due Date
Completion of Claim
Construction Discovery
August 11, 2009
September 11, 2009
Patentee files opening claim
construction brief
August 28, 2009
September 25, 2009
Accused Infringer files
responsive claim construction
brief
September 25, 2009
October 23, 2009
Patentee files reply brief on
claim construction
October 16, 2009
November 13, 2009
1. The parties do not seek this extension for the purpose of delay, but rather so that
justice can be done herein.
2. The requested extensions would not impact any other deadlines set in the Court’s
Docket Control Order. In particular, the requested extensions relate to claim construction
discovery and briefing. The Claim Construction Hearing is scheduled for February 17, 2010. If
the requested extensions are granted, the claim construction briefing would conclude by
November 13, 2009, i.e., three months prior to the Claim Construction Hearing.
3. The granting of this Motion will not prejudice any party and is being sought in
good faith and not for the purpose of delay or any other improper purpose.
WHEREFORE, the parties respectfully request the Court to grant their Joint Motion to
Extend Certain Deadlines in the Court’s Docket Control Order (as amended) as reflected in the
Proposed Order submitted herewith.
Respectfully and jointly submitted this 5th day of August, 2009
DUANE MORRIS
HOTRODHANS[color=orange][/color]
