(Thursday, October 24, 2013 – Tyler, Texas): With jury selection scheduled for November 4, 2013 in TracBeam, LLC v. AT&T Mobility, LLC, today Chief Judge Leonard Davis held a hearing on Defendant AT&T Mobility’s motion for a continuance. For AT&T, Bryant Carroll Boren, Jr. of Baker and Botts’ Palo Alto Office, argued that TracBeam’s untimely supplemental expert reports presented an entirely new theory of infringement and presented a significant prejudice to AT&T. He requested jury selection be pushed to February.
For Plaintiff TracBeam, John Jeffrey (“Jeff”) Eichmann of Dovel & Luner’s Santa Monica Office, disagreed insisting that the supplemental expert reports presented nothing new. He implied that AT&T was playing strategic discovery games in hopes of delaying trial and, potentially, springing new evidence on TracBeam.
Chief Judge Davis granted the motion for a continuance with modifications. He set jury selection for Dec. 9, 2013, not February. He allowed for discovery, including additional time constrained depositions of experts up to three hours and limited any additional required third-party depositions to two hours. He provided AT&T an additional 10 days to file supplemental expert reports.
TracBeam’s Team: Lead Counsel—Jeff Eichmann and Julien Antonio Adams of Dovel & Luner; Gregory Scott Dovel, Kayvan B. Noroozi, Richard Elgar Lyon III, and Simon Carlo Franzini of Dovel & Luner; Charles Ainsworth and Robert Christopher Blunt of Parker, Blunt and Ainsworth; and Elizabeth Derieux and Sidney Capshaw of Capshaw DeRieux.
AT&T’s Team: Lead Counsel—Bryant Carroll Boren, Jr. of Baker and Botts; Chad Christian Walters, Jon V. Swenson, Kevin Eugene Cadwell, Kurt Max Pankratz, Ross Garrett Culpepper, Elizabeth K. Boggs, Karina A. Smith, and Susan Cannon Kennedy of Baker and Botts; Christopher Wood Kennerly of Paul Hastings; and Debra Elaine Gunter and Herbert A. Yarbrough III of Yarbrough Wilcox.
