UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

GUEST TEK INTERACTIVE 

ENTERTAINMENT LTD., 

Plaintiff, 

v. 

EXCEPTIONAL INNOVATION, INC., 

Defendant. 

Case No. 2:17-cv-00963 

Judge Algenon L. Marbley 

Magistrate Judge Chelsey M. Vascura 

JOINT MOTION TO MODIFY CASE SCHEDULE AND TO GRANT PLAINTIFF 

LEAVE TO CORRECT AND AMEND INFRINGEMENT CONTENTIONS 

On December 14, 2018, the Court issued an Order granting Plaintiff leave to file an 

amended complaint and to amend its infringement contentions accordingly.1 The Order required 

Plaintiff to serve its new contentions by December 21. (ECF No. 42.) The Court also ordered the 

parties to jointly propose a revised case schedule by December 28, 2018, a deadline that the 

Court extended to January 11, 2019. (Id.; ECF No. 47.) In response, the parties are now 

submitting a proposed order that would modify the case schedule and, for the reasons below, 

grant Plaintiff leave to correct and further amend its infringement contentions. 

In response to the Order, Plaintiff served amended infringement contentions on 

December 21, 2018. After reviewing Plaintiff’s amended contentions, Defendant raised concerns 

 

1

 “Plaintiff’s amendments to its infringement contentions must be limited to the issues 

specifically raised in the instant Motion to Amend Complaint and Infringement Contentions 

(ECF No. 39) and the First Amended Complaint (ECF No. 39-1).” (ECF No. 42, p. 9.) 

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that the contentions were deficient and that they exceeded the scope of the amendments the 

Court had authorized. Thereafter, Plaintiff discovered that, due to a document management issue, 

the amendments had been made to an incorrect set of earlier infringement contentions. The 

parties conferred about this issue. Defendant pointed out that correcting the error arising from the 

document-management issue would not address all of its concerns with Plaintiff’s contentions. 

The parties have now agreed on a manner to proceed that will allow Plaintiff to correct the 

document-management issue with the amended contentions served on December 21, 2018, and 

further amend its contentions in connection with Defendant’s concerns and objections 

concerning the sufficiency of the contentions. 

Under this agreement, Plaintiff may, by February 25, 2019, update the charts in the 

infringement contentions served on December 21, 2018 to (1) address the errors arising from the 

document management issue and (2) amend its contentions by providing more detail or 

otherwise clarifying Plaintiff’s existing theories of how the accused devices satisfy the 

limitations of the asserted patent claims.2

 Any discovery obligations on Defendant’s part will be 

stayed through seven days after receiving Plaintiff’s updated infringement contentions. The 

parties have agreed on a revised case schedule that is attached as Exhibit 1 to the proposed order 

accompanying this motion. The parties respectfully request that the Court enter the agreed-upon 

proposed order. 

Respectfully submitted, 

Dated: January 11, 2019 /s/ Lauren M. Hilsheimer 

 

2

 The parties agree that their proposed order would be without prejudice to either party’s 

ability to seek leave to further amend contentions or to object to further amendments. 

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Lauren M. Hilsheimer (85389) 

lhilsheimer@bakerlaw.com 

Andrew E. Samuels (90189) 

asamuels@bakerlaw.com 

BAKER & HOSTETLER LLP 

200 Civic Center Drive, Suite 1200 

Columbus, OH 43215-4138 

(614) 228-1541 

Steven J. Rocci (pro hac vice) 

srocci@bakerlaw.com 

BAKER & HOSTETLER LLP 

2929 Arch Street 

Cira Centre, 12th Floor 

Philadelphia, PA 19104-2891 

(215) 568-3100 

Michael J. Swope (pro hac vice) 

mswope@bakerlaw.com 

BAKER & HOSTETLER LLP 

999 Third Avenue, Suite 3600 

Seattle, WA 98104-4040 

(206) 332-1380 

Attorneys for Plaintiff 

Guest Tek Interactive Entertainment Ltd. 

Dated: January 11, 2019 /s/ John M. Gonzales (per email authorization) 

John M. Gonzales (0038664) 

jgonzales@behallaw.com 

THE BEHAL LAW GROUP LLC 

501 South High Street 

Columbus, OH 43215 

(614) 643-5050 

Douglas G. Muehlhauser (pro hac vice) 

doug.muehlhauser@knobbe.com 

Mark Lezama (pro hac vice) 

mark.lezama@knobbe.com 

KNOBBE, MARTENS, OLSON & BEAR, LLP 

2040 Main Street, 14th Floor 

Irvine, CA 92614 

(949) 760-0404 

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Attorneys for Defendant 

Exceptional Innovation, Inc. 

 

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CERTIFICATE OF SERVICE 

I hereby certify that on January 11, 2019, a copy of the foregoing document was filed 

electronically with the Clerk of the Court using CM/ECF, which will send notification of such 

filing via electronic mail to all registered participants. 

Dated: January 11, 2019 /s/ Lauren M. Hilsheimer 

Lauren M. Hilsheimer 

Attorney for Plaintiff 

Guest Tek Interactive Entertainment Ltd.

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