Case 2:09-cv-00257-DF-CMC Document 241

Filed 01/19/12 Page 1 of 4 PageID #: 8724

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION TIVO INC., Plaintiff, v. VERIZON COMMUNICATIONS, INC., et al. Defendants.

CIVIL ACTION NO. 2:09-CV-257-DF

TiVos Opposed Motion for a Status Conference Plaintiff TiVo Inc. respectfully moves the Court for a status conference to discuss lifting the stay and entering a schedule in this matter. TiVo requests the status conference at the Court's earliest convenience, and prior to January 27, 2012, if possible. TiVo conferred with Verizon on January 19, 2012. Despite the Courts November guidance, Verizon opposes having a status conference at this time. The Court held a status conference on November 10, 2011. At that time, the Court stayed this action due to the Courts schedule and the schedule in Motorola Mobility, Inc. v. TiVo Inc. (Case No. 5:11-cv-53).1 The Court stated it was dedicating its resources to the scheduled January trial in the related TiVo v. AT&T matter (Case No. 2:09-CV-259) but would revisit [the stay in the Verizon case] in early January.2 On

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See Order at Dkt. No. 237 in Case No. 2:09-CV-257 (10/10/2011). See Transcript of Status Conference Before the Honorable Chief Judge David Folsom at p.5, l. 25 (November 10, 2011) at Dkt. No. 238 in Case No. 2:09-CV-257.

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that same day, the Court also stated that it was not inclined on one hand to keep the stay in place in Verizon [Case No. 2:09-CV-257] but lift it on Motorola [in Case No. 5:11cv-53].3 The TiVo v. AT&T matter settled prior to trial and has been dismissed.4 Additionally, the stay has been lifted in the Motorola matter and the parties there have been ordered to submit a proposed scheduling order.5 Due to these changes, and in accordance with the Courts earlier statements, TiVo believes the stay in the TiVo v. Verizon matter should likewise be lifted. Among other things, TiVo filed its action against Verizon on August 26, 2009, eighteen months before Motorola filed its complaint in the Motorola v. TiVo matter. On January 17, 2012 the parties met and conferred and Verizon opposes lifting the stay. TiVo, therefore, hereby, respectfully requests that the Court set a status conference at the Courts earliest convenience to discuss lifting the stay and the schedule for this matter.

See Motorola Mobility, Inc. v. TiVo Inc., Case No. 5:11-cv-53, Transcript of Motion Hearing at p.2, ll. 23-24 (Nov. 10, 2011) at Dkt. No. 45 in Case No. 5:11-cv-53 4 See Order at Dkt No. 363 in Case No. 2:09-CV-259 (1/6/2012). 5 See Dkt. Nos. 34 and 48 in Case No. 5:11-cv-53.
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Date: January 18, 2012

Respectfully submitted, McKOOL SMITH, P.C. /s/ Samuel F. Baxter Samuel F. Baxter Lead Attorney Texas State Bar No. 01938000 sbaxter@mckoolsmith.com 104 E. Houston St., Suite 300 Marshall, Texas 75670 Telephone: (903) 923-9000 Facsimile: (903) 923-9099 Rosemary Snider Texas State Bar No. 18796500 rsnider@mckoolsmith.com McKool Smith, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 Telephone: (214) 978-4000 Facsimile: (214) 978-4044 John F. Garvish, II Texas State Bar No. 24043681 jgarvish@mckoolsmith.com 300 W. 6th St. Suite 1700 Austin, Texas 78701 Telephone: (512) 692-8700 Facsimile: (512) 692-8744 Attorneys for Plaintiff TiVo Inc.

Co-Counsel: IRELL & MANELLA LLP Morgan Chu mchu@irell.com Andrei Iancu aiancu@irell.com 1800 Avenue of the Stars Suite 900 Los Angeles, CA 90067 Tel: (310) 277-1010 Fax: (310) 203-7199

ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. Ronald J. Schutz rjschutz@rkmc.com David P. Swenson dpswenson@rkmc.com Michael A. Collyard macollyard@rkmc.com Andrea L. Gothing algothing@rkmc.com Loren L. Hansen llhansen@rkmc.com Robins, Kaplan, Miller & Ciresi, L.L.P. 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402-2015 Telephone: (612) 349-8500 Facsimile: (612) 339-4181

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CERTIFICATE OF CONFERENCE The undersigned certifies that on January 19, 2012, Plaintiffs counsel confirmed with counsel for Defendants that they are opposed to the relief requested herein. /s/ Samuel F. Baxter Samuel F. Baxter

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). As such, this document was served on all counsel who have consented to electronic service, Local Rule CV-5(a)(3)(A). Pursuant to FED. R. CIV. P. 5(d) and Local Rule CV-5(e), all other counsel of record not deemed to have consented to electronic service were served with a true and correct copy of the foregoing by U.S. mail, on January 18, 2012. /s/ Samuel F. Baxter Samuel F. Baxter

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION TIVO INC., Plaintiff, v. VERIZON COMMUNICATIONS, INC., et al. Defendants.

CIVIL ACTION NO. 2:09-CV-257-DF

Order Granting TiVos Opposed Motion for a Status Conference

Before the Court is Plaintiff TiVo Inc.s Opposed Motion for a Status Conference. Having considered the present motion the Court finds it is well taken and GRANTED.

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