`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`Civil Action No: 2:14-cv-00762
`
`(Lead Case)
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`Jury Trial Requested
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`NEXUS DISPLAY TECHNOLOGIES LLC,
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`Plaintiff,
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`v.
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`DELL INC.,
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`Defendant.
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`UNOPPOSED MOTION FOR LEAVE TO FILE SUPPLEMENTAL SUBMISSION
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`Pursuant to Local Rule CV-7(k), Defendant Dell Inc. (“Dell”) respectfully requests leave
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`to file a Supplemental Submission Regarding Its Motion for Additional Claim Construction of no
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`more than three (3) pages, and states the following in support:
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`1.
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`On October 26, 2015, Dell filed a motion for additional claim construction. Dkt.
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`No. 272. On November 12, 2015, Nexus Display Technologies LLC (“Nexus”) opposed Dell’s
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`motion. Dkt. No. 295. On November 23, 2015, Dell filed its Reply In Support Of Its Motion
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`For Additional Claim Construction. Dkt. No. 304.
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`2.
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`On November 24, 2015, Dell took the deposition of Nexus’s expert on validity
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`issues Dr. William Henry Mangione-Smith.
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`3.
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`During his deposition, Dr. Mangione-Smith testified concerning the meaning of
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`the terms “pre-pended” and “appended” in the ’328 patent. Dr. Mangione-Smith’s testimony is
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`consistent with Dell’s construction.
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`4.
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`Dell’s Supplemental Submission is three (3) pages and includes as an exhibit the
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`transcript from Dr. Mangione-Smith’s deposition.
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`
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`Case 2:14-cv-00762-RWS Document 333 Filed 12/04/15 Page 2 of 4 PageID #: 16103
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`5.
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`Pursuant to Local Rule CV-7(k), Dell has separately filed Defendant Dell’s
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`Supplemental Submission Regarding Claim Construction concurrent with this Motion.
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`6.
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`Dell has conferred with Nexus regarding the filing of this Motion. Nexus does
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`not oppose the filing of this Motion for Leave as long as Nexus can file an opposition to the
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`Supplemental Submission. Dell does not oppose Nexus filing an opposition to the Supplemental
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`Submission.
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`7.
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`This Motion For Leave is not made for the purpose of delay or in bad faith.
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`WHEREFORE, PREMISES CONSIDERED, Defendant Dell Inc. respectfully requests
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`that the Court grant its Opposed Motion for Leave to File Supplemental Submission Regarding
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`Its Motion For Additional Claim Construction.
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`Dated: December 4, 2015
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`Respectfully submitted,
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`By:
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`/s/Kimball R. Anderson
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`
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`Kimball R. Anderson
`Kathleen B. Barry
`Anthony D. Pesce
`Winston & Strawn LLP
`35 West Wacker Drive
`Chicago, IL 60601
`Telephone: (312) 558-5600
`Facsimile: (312) 558-5700
`
`Jude J. Andre
`Winston & Strawn LLP
`1111 Louisiana, 25th Fl.
`Houston, TX 77002
`Telephone: (713) 651-2600
`Facsimile: (713) 651-2700
`
`
`
`Deron R. Dacus
`ddacus@dacusfirm.com
`Texas State Bar No. 00790553
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Telephone: (903) 705-1117
`Facsimile: (903) 705-1117
`
`
`
`Attorneys for Defendant Dell Inc.
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`2
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`
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`Case 2:14-cv-00762-RWS Document 333 Filed 12/04/15 Page 3 of 4 PageID #: 16104
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`CERTIFICATE OF CONFERENCE
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`The undersigned verifies that counsel have complied with the meet-and-confer
`requirement under Local Rule CV-7(h) on December 4, 2015. Plaintiff’s counsel, Amir Alavi,
`stated that Plaintiff does not oppose the relief requested in this motion.
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`/s/ Kathleen B. Barry
`
`Kathleen B. Barry
`WINSTON & STRAWN LLP
`35 West Wacker Drive
`Chicago, IL 60601
`kbarry@winston.com
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`Attorney for Defendant Dell Inc.
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`
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`Case 2:14-cv-00762-RWS Document 333 Filed 12/04/15 Page 4 of 4 PageID #: 16105
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via the Court’s
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`CM/ECF system pursuant to Local Rule CV-5(a)(3)(A).
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`/s/_Kimball R. Anderson
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