Exhibit 1

Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 1 of 9 PageID #: 5561
From: Kristopher Davis kdavis@raklaw.com

Subject: Re: Headwater v. Samsung (2:23-cv-103): Proposed Deadline Extension

Date: September 9, 2024 at 2:04PM

To: Katie Prescott prescott@fr.com

Cc: [SERVICE FR] Samsung-Headwater SERVICEFRSamsung-Headwater@fr.com, qe-headwater103

qe-headwater103@quinnemanuel.com, Jonathan Bright jbright@fr.com, Sara Fish sfish@fr.com, melissa@gillamsmithlaw.com,

headwater@raklaw.com, James Pickens jpickens@raklaw.com

Thanks, Katie. We will get these on file with the updated signature block you provided.

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Sep 9, 2024, at 12:44PM, Katie Prescott <prescott@fr.com> wrote:

Kris	–	Samsung	agrees,	thanks	for	preparing.

Katherine D Prescott

Principal ■ Fish & Richardson P.C.

T: 650 839 5180 | prescott@fr.com | Bio

From: Kristopher	Davis	<kdavis@raklaw.com>

Sent: Sunday,	September	8,	2024	7:02	PM

To: KaIe	PrescoJ	<prescoJ@fr.com>

Cc: [SERVICE	FR]	Samsung-Headwater	<SERVICEFRSamsung-Headwater@fr.com>;	qeheadwater103	<qe-headwater103@quinnemanuel.com>;	Jonathan	Bright	<jbright@fr.com>;	Sara	

Fish	<sfish@fr.com>; melissa@gillamsmithlaw.com; headwater@raklaw.com;

jpickens@raklaw.com

Subject: Re:	Headwater	v.	Samsung	(2:23-cv-103):	Proposed	Deadline	Extension

Thanks,	KaIe.	We	can	agree	to	those	terms	with	one	addiIon.	Since	we	are	shibing	the	rebuJal	

deadline	by	11	days,	we	think	it’s	reasonable	to	shib	the	opening	deadline	by	10	days	(or	11	days	

if	Samsung	prefers	that	instead).	Below	is	a	lisIng	of	the	proposed	deadline	changes,	and	aJached	

are	a	drab	moIon	and	amended	DCO.	Please	let	us	know	whether	Samsung	has	any	proposed	

changes.

Mo1ons	to	Compel

Sept.	10	(no	change)

Fact	DCO

Current	—	Sept.	10

New	deadline	—	Sept.	20	(+10	days)

Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 2 of 9 PageID #: 5562
New	deadline	—	Sept.	20	(+10	days)

Opening	reports

Current	—	Sept.	16

New	deadline	—	Sept.	26	(+10	days)

Rebu<al	reports

Current	—	Oct.	3

New	deadline	—	Oct.	14	(+11	days)

Expert	DCO

Current	—	Oct.	15

New	deadline	—	Oct.	21	(+6	days)

MSJ/Daubert

Oct.	25	(no	change)

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Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 3 of 9 PageID #: 5563
From: Kristopher Davis kdavis@raklaw.com

Subject: Re: Headwater v. Samsung (2:23-cv-103): Proposed Deadline Extension

Date: September 8, 2024 at 7:02PM

To: Katie Prescott prescott@fr.com

Cc: [SERVICE FR] Samsung-Headwater SERVICEFRSamsung-Headwater@fr.com, qe-headwater103

qe-headwater103@quinnemanuel.com, Jonathan Bright jbright@fr.com, Sara Fish sfish@fr.com, melissa@gillamsmithlaw.com,

headwater@raklaw.com, James Pickens jpickens@raklaw.com

Thanks, Katie. We can agree to those terms with one addition. Since we are shifting the rebuttal deadline by 11 days, we think 

it’s reasonable to shift the opening deadline by 10 days (or 11 days if Samsung prefers that instead). Below is a listing of the 

proposed deadline changes, and attached are a draft motion and amended DCO. Please let us know whether Samsung has any 

proposed changes.

Motions to Compel

Sept. 10 (no change)

Fact DCO

Current — Sept. 10

New deadline — Sept. 20 (+10 days)

Opening reports

Current — Sept. 16

New deadline — Sept. 26 (+10 days)

Rebuttal reports

Current — Oct. 3

New deadline — Oct. 14 (+11 days)

Expert DCO

Current — Oct. 15

New deadline — Oct. 21 (+6 days)

MSJ/Daubert

Oct. 25 (no change)

240909 Joint Motion to Amend 

DCO (EDTX-103).docx

46 KB

240909 Proposed Order (EDTX103).docx

41 KB

Regards,

Kris

Kristopher Davis

Russ August & Kabat

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

(310) 826-7474

kdavis@raklaw.com

On Sep 7, 2024, at 2:21PM, Katie Prescott <prescott@fr.com> wrote:

Kris

Thank	you	for	a/emp3ng	to	find	a	workable	schedule	and	agreeing	to	withdraw	the	deposi3on	

no3ce	to	Mr.	Jay	Kim.

With	a	small	adjustment	to	the	rebu/al	report	deadline	from	a	Friday	(Oct.	11)	to	a	Monday	(Oct.	

14)	due	to	scheduling	issues,	and	Headwater’s	agreement	that	Headwater	will	not	use	the	

Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 4 of 9 PageID #: 5564
discovery	extension	(i)	to	a/empt	to	add	new	accused	features	into	the	-103	case	(e.g.,	via	a	

mo3on	to	supplement	its	infringement	conten3ons),	which	Headwater	a/empted,	and	the	Court	

denied,	in	the	-422	case,	(ii)	to	issue	further	deposi3on	no3ces	or	subpoenas,	(iii)	or	to	file	

mo3ons	to	compel	aQer	the	current	deadline	of	September	10,	Samsung	could	agree	to	the	

proposed	schedule.

Please	let	us	know	whether	Headwater	agrees?

Regards,

Ka3e

Katherine D Prescott

Principal ■ Fish & Richardson P.C.

T: 650 839 5180 | prescott@fr.com | Bio

From: Kristopher	Davis	<kdavis@raklaw.com>

Sent: Friday,	September	6,	2024	12:39	PM

To: Ka3e	Presco/	<presco/@fr.com>

Cc: [SERVICE	FR]	Samsung-Headwater	<SERVICEFRSamsung-Headwater@fr.com>;	qeheadwater103	<qe-headwater103@quinnemanuel.com>;	Jonathan	Bright	<jbright@fr.com>;	Sara	

Fish	<sfish@fr.com>; melissa@gillamsmithlaw.com; headwater@raklaw.com;

jpickens@raklaw.com

Subject: Re:	Headwater	v.	Samsung	(2:23-cv-103):	Proposed	Deadline	Extension

Ka3e,

Thanks	for	your	feedback	on	this.	We	don’t	think	moving	trial	would	be	necessary	under	the	prior	

proposal	but	want	to	address	the	concerns	raised	with	some	modifica3ons	to	our	prior	proposal.	

To	address	the	concern	about	the	Chuseok	holiday	3ming,	we	could	agree	to	take	SeungHo	Song’s	

deposi3on	on	Sept.	11,	12,	or	13	and,	to	simplify	scheduling	further,	could	agree	to	withdraw	our	

no3ce	of	deposi3on	for	Jay	Kim.	To	address	the	case	schedule	concerns	(e.g.,	to	build	in	more	

3me	between	expert	DCO	and	disposi3ve/Daubert	mo3ons),	we	propose	the	following	modified	

dates.	Please	let	us	know	as	soon	as	possible	whether	Samsung	agrees	or	if	you’d	like	to	discuss.

Fact	DCO

Current	—	Sept.	10

Prior	proposal	—	Sept.	20	(+10	days)

New	proposal	—	Sept.	20	(+10	days)

Opening	reports

Current	—	Sept.	16

Prior	proposal —	Sept.	26	(+10	days)

New	proposal	—	Sept.	24	(+8	days)

Rebu9al	reports

Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 5 of 9 PageID #: 5565
Rebu9al	reports

Current	—	Oct.	3

Prior	proposal —	Oct.	13	(+10	days)

New	proposal	—	Oct.	11	(+8	days)

Expert	DCO

Current	—	Oct.	15

Prior	proposal —	Oct.	24	(+9	days)

New	proposal —	Oct.	21	(+6	days)

MSJ/Daubert

Oct.	25	(no	change)

Regards,

Kris

Kristopher	Davis

Russ	August	&	Kabat

12424	Wilshire	Boulevard,	12th	Floor

Los	Angeles,	CA	90025

(310)	826-7474

kdavis@raklaw.com

On	Sep	5,	2024,	at	7:30 PM,	Ka3e	Presco/	<presco/@fr.com>	wrote:

Counsel,

Senng	aside	that	we	disagree	with	your	stated	reasons	for	why	an	extension	is	

necessary,	conceptually	Samsung	is	not	opposed	to	an	extension	of	the	fact	and	

expert	schedule.	That	said,	the	par3cular	proposed	schedule	is	unworkable.	For	

example,	your	proposed	deadline	for	rebu/al	reports	falls	on	a	Sunday	(Oct.	13)	and	

your	proposed	deadline	for	the	close	of	expert	discovery	is	only	one	day	before	the	

deadline	for	disposi3ve/Daubert	mo3ons,	which	provides	inadequate	3me	to	

account	for	expert	tes3mony	in	such	mo3ons.	Moreover,	mid-September	is	the	

Chuseok	holiday	season	in	Korea.

Given	the	compression	in	the	current	schedule,	we	do	not	see	a	viable	way	to	

extend	fact	discovery	without	shiQing	the	trial	date. 	In	light	of	these	concerns,	does	

Headwater	have	an	alterna3ve	proposal?	Would	Headwater	consider	a	joint	request	

to	move	the	trial	date	to	allow	for	a	more	orderly	extension	of	the	fact	and	expert	

discovery	schedule?

Regards,

Ka3e

Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 6 of 9 PageID #: 5566
Ka3e

Katherine D Prescott

Principal ■ Fish & Richardson P.C.

T: 650 839 5180 | prescott@fr.com | Bio

From: Kristopher	Davis	<kdavis@raklaw.com>

Sent: Thursday,	September	5,	2024	3:54	PM

To: [SERVICE	FR]	Samsung-Headwater	<SERVICEFRSamsung-Headwater@fr.com>;	

qe-headwater103	<qe-headwater103@quinnemanuel.com>;	Jonathan	Bright	

<jbright@fr.com>;	Sara	Fish	<sfish@fr.com>;	Ka3e	Presco/	<presco/@fr.com>;

melissa@gillamsmithlaw.com

Cc: headwater@raklaw.com; jpickens@raklaw.com

Subject: Re:	Headwater	v.	Samsung	(2:23-cv-103):	Proposed	Deadline	Extension

[This email originated outside of F&R.]

Counsel	for	Samsung,

Please	let	us	know	today	whether	Samsung	agrees	to	the	proposed	extension	or	has	

any	different	proposal.	If	Samsung	does	not	agree,	please	provide	your	availability	to	

meet	and	confer	tomorrow	regarding	a	proposed	mo3on	for	extension	of	these	

deadlines.

Regards,

Kris

Kristopher	Davis

Russ	August	&	Kabat

12424	Wilshire	Boulevard,	12th	Floor

Los	Angeles,	CA	90025

(310)	826-7474

kdavis@raklaw.com

On	Sep	3,	2024,	at	12:43 PM,	James	Pickens	<jpickens@raklaw.com>	

wrote:

Counsel,

Headwater believes that a modest extension to the deadlines for 

Fact Discovery (current deadline: September 10), Opening Expert 

Reports (current deadline: September 16) Rebuttal Expert Reports 

Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 7 of 9 PageID #: 5567
Reports (current deadline: September 16) Rebuttal Expert Reports 

(current deadline: October 3), and Deadline to Complete Expert 

Discovery (current deadline: October 15) is necessary in this case. 

A number of depositions are still being scheduled which 

necessitates the extension. Samsung intends to proceed with Mr. 

Modlin's deposition, who is first available September 19. Headwater 

has noticed several depositions for which Samsung has yet to 

provide availability, including Jay Kim, Seungho Song, and James 

Kolotouros. Google is making its deponent available September 10.

There are also numerous ongoing document productions that merit 

an extension. For example, assuming Samsung makes the noticed 

witnesses available on or before September 20, then a 10-day 

extension to the deadlines would be necessary. In such a scenario, 

new deadlines could be: Fact Discovery September 20, Opening 

Expert Reports September 26, Rebuttal Expert Reports October 13, 

and Deadline to Complete Expert Discovery October 24. Please 

provide your position on an extension to the deadlines (and a joint 

motion to amend, consistent with what the parties filed as Docket 

Number 110) no later than Noon on Wednesday, 9/4.

Regards,

James

James	Pickens

RUSS	AUGUST & KABAT |	12424 Wilshire	Boulevard,	12th	Floor	|	Los

Angeles,	CA	90025

Main	+1	310	826	7474	| jpickens@raklaw.com | www.raklaw.com

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Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 8 of 9 PageID #: 5568
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Case 2:23-cv-00103-JRG-RSP Document 133-1 Filed 09/10/24 Page 9 of 9 PageID #: 5569