Page 1 - JOINT STIPULATED MOTION REGARDING CASE SCHEDULE 

Renée E. Rothauge, OSB #903712 

ReneeRothauge@markowitzherbold.com 

MARKOWITZ HERBOLD PC 

Suite 3000, Pacwest Center 

1211 SW Fifth Avenue 

Portland, OR 97204-3730 

Telephone: (503) 295-3085 

Fax: (503) 323-9105 

Michael J. Summersgill (pro hac vice) 

Michael.summersgill@wilmerhale.com 

Jordan L. Hirsch (pro hac vice) 

Jordan.hirsch@wilmerhale.com 

Sarah B. Petty (pro hac vice) 

Sarah.petty@wilmerhale.com 

WILMERHALE

60 State Street 

Boston, MA 02109 

Telephone: (617) 526-6000 

Fax: (617) 526-5000 

Grant K. Rowan (pro hac vice) 

Grant.rowan@wilmerhale.com 

WILMERHALE

1875 Pennsylvania Avenue, NW 

Washington, DC 20006 

Telephone: (202) 663-6000 

Fax: (202) 663-6011 

Arthur W. Coviello (pro hac vice) 

Arthur.coviello@wilmerhale.com 

WILMERHALE

950 Page Mill Road 

Palo Alto, CA 94304 

Telephone: (650) 858-6000 

Fax: (650) 858-6100 

Attorneys for Intel Corporation

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

MEMORY INTEGRITY, LLC, 

Plaintiff,

 v. 

INTEL CORPORATION,

Defendant.

 Case No.: 3:15-cv-00262-SI 

JOINT STIPULATED MOTION 

REGARDING CASE SCHEDULE 

Case 3:15-cv-00262-SI Document 215 Filed 04/12/16 Page 1 of 4
Page 2 - JOINT STIPULATED MOTION REGARDING CASE SCHEDULE 

 Plaintiff Memory Integrity, LLC (“Memory Integrity”) and Defendant Intel Corporation 

(“Intel”) (collectively, the “Parties”), have made a good faith effort to complete fact discovery by 

April 12, 2016. Due to scheduling difficulties and other issues, however, the Parties have not 

been able to secure deposition dates within the fact discovery period for certain party witnesses 

and third parties, despite the fact that those witnesses were noticed or subpoenaed for deposition 

prior to the end of fact discovery. The Parties (and third parties) have been able to agree upon a 

number of deposition dates following April 12, 2016 (all of which are within a month of that 

date), and are working to secure the remaining dates. The Parties expect that all outstanding fact 

depositions would be completed by no later than the last week of May 2016. 

In light of the foregoing, the Parties, by and through their designated counsel, hereby 

submit this joint stipulated motion for leave to take certain depositions after the close of fact 

discovery. Specifically, the Parties respectfully request that the Court allow the Parties to take 

fact depositions after the close of fact discovery to the extent that the deposition was noticed 

and/or the witness was subpoenaed by April 12, 2016. The Parties acknowledge that an Order 

granting the Parties’ request to take certain depositions out of time will have no bearing on any 

third party’s right to object to a deposition. 

The Parties further request that to the extent either party wishes to move to compel after 

April 12, 2016 based on (1) inadequate supplementation of discovery responses by the opposing 

party; or (2) inadequate preparation of (or non-responsive answers by) a witness who is deposed 

after the close of fact discovery, that the Court permit the Parties to file such motions, provided 

that any such motion is filed within two weeks of the allegedly inadequate written discovery 

responses or deposition testimony. 

Case 3:15-cv-00262-SI Document 215 Filed 04/12/16 Page 2 of 4
Page 3 - JOINT STIPULATED MOTION REGARDING CASE SCHEDULE 

In addition, in light of the Parties’ proposal that certain depositions be taken after the 

close of fact discovery, the Parties further request that the schedule for expert discovery, as well 

as the deadlines that follow, be likewise extended according to the proposed schedule below. 

The proposed new date for Opening Expert Reports allows for the same amount of time between 

the Parties’ Opening Reports and the last scheduled 30(b)(6) deposition of an Intel witness on 

which MI bears the burden of proof as the prior schedule had allowed between the close of fact 

discovery and Opening Reports. 

Case Schedule Current 

Date

Proposed

New Date

Opening Expert Reports 5/27/2016 6/24/2016

Rebuttal Expert Reports 6/27/2016 8/26/2016

Close of Expert Discovery 7/27/2016 9/30/2016

Summary Judgment and Daubert Motions 8/10/2016 10/14/2016

Oppositions to Summary Judgment and 

Daubert 

9/2/2016 11/9/2016

Replies ISO Summary Judgment and Daubert 9/19/2016 11/23/2016

Pretrial Order 10/27/2016 12/21/2016 

Pretrial Conference TBD TBD

The Parties respectfully submit that there is good cause to modify the existing case 

schedule as proposed above, as it will allow the Parties to complete the requested fact 

depositions (all of which were sought prior to the current close of fact discovery) prior to the 

beginning of expert discovery, and will then provide sufficient time for the Parties to complete 

expert discovery prior to dispositive motions, thereby allowing the Parties to provide a more 

complete record for the Court on summary judgment. The Parties therefore respectfully request 

that the Court issue an order granting the relief requested above. 

Case 3:15-cv-00262-SI Document 215 Filed 04/12/16 Page 3 of 4
Page 4 - JOINT STIPULATED MOTION REGARDING CASE SCHEDULE 

Dated: April 12, 2016 Respectfully submitted, 

/s/ Jonathan Baker 

Jonathan Baker (appearing pro hac vice) 

Michael Saunders (appearing pro hac vice) 

Gurtej Singh (appearing pro hac vice) 

FARNEY DANIELS PC 

411 Borel Avenue, Suite 350 

San Mateo, California 94402 

Telephone: (424) 278-5200 

jbaker@farneydaniels.com 

msaunders@farneydaniels.com 

tsaunders@farneydaniels.com 

Bryan Atkinson (appearing pro hac vice) 

FARNEY DANIELS PC 

800 S. Austin Avenue, Suite 200 

Georgetown, Texas 78626 

Telephone: (512) 582-2828 

batkinson@farneydaniels.com 

John Mansfield, OSB No. 055390 

MANSFIELDLAW

121 SW Morrison Ave., Suite 400 

Portland, OR 97204 

Telephone: 971.271.8615 

john@mansfieldlaw.net 

Attorneys for Plaintiff

Memory Integrity, LLC 

/s/ Renée E. Rothauge 

Renée E. Rothauge, OSB #903712 

MARKOWITZ HERBOLD PC 

Suite 3000, Pacwest Center 

1211 SW Fifth Avenue 

Portland, OR 97204-3730 

ReneeRothauge@markowitzherbold.com 

Michael J. Summersgill (pro hac vice) 

Jordan L. Hirsch (pro hac vice) 

Sarah B. Petty (pro hac vice) 

WILMERHALE LLP 

60 State Street 

Boston, MA 02109 

michael.summersgill@wilmerhale.com 

jordan.hirsch@wilmerhale.com 

sarah.petty@wilmerhale.com 

Grant K. Rowan (pro hac vice) 

WILMERHALE LLP 

1875 Pennsylvania Avenue, NW 

Washington, DC 20006 

Grant.rowan@wilmerhale.com 

Arthur W. Coviello (pro hac vice) 

WILMERHALE LLP 

950 Page Mill Road 

Palo Alto, CA 94304 

Arthur.coviello@wilmerhale.com 

Attorneys for Defendant

Intel Corporation

Case 3:15-cv-00262-SI Document 215 Filed 04/12/16 Page 4 of 4