SCHEDULE FOR POST-TRIAL BRIEFING AND SEEK COSTS AND FEES

JOINT MOTION TO SET A SCHEDULE FOR POST-TRIAL BRIEFING AND EXTEND THE DEADLINE TO SEEK COSTS AND FEES

Plaintiff Wi-LAN Inc. (“Wi-LAN”) and Defendant Apple Inc. (“Apple”)

hereby jointly move the Court for a schedule for post-trial briefing and an order
extending the time for Wi-LAN to seek costs and attorney’s fees, pursuant to Local

Rule 7.2.

On August 1, 2018, the jury entered a verdict in favor of Wi-LAN.
The parties held a settlement meeting on August 22, 2018 in Sunnyvale, California,and
a mediation on September 21, 2018 in San Diego, California with Judge Weinberg,
but a resolution was not reached. On September 28, 2018, Apple notified Wi-LAN
that it was dropping its equitable defense. Accordingly, the parties hereby request
that the Court dismiss Apple’s equitable defense for the patents asserted at trial
with prejudice. For the patents in this action that Wi-LAN did not assert at trial,
the parties request that the Court dismiss Apple’s equitable defense without
prejudice.

The parties also request that the Court enter a schedule for post-trial briefing.

Apple intends to file a motion for a new trial under Fed. R. Civ. P. 59 and a
renewed motion for judgment as a matter of law under Fed. R. Civ. P. 50(b).

Wi-LAN intends to file a motion for pre and post-judgment interest and ongoing
royalties.

The parties propose the following schedule:

October 26, 2018: Opening briefs due.

November 9, 2018: Opposition briefs due.

November 20, 2018: Reply briefs due.

December 7, 2018: Hearing.2

As the prevailing party based on the current record, Wi-LAN is entitled to
costs. Local Rule 54.1; Fed. R. Civ. P. 54(d). The current deadline to file a bill of
costs is fourteen (14) days after entry of judgment, and the current deadline to file

The patents Wi-LAN asserted at trial are U.S. Patent Nos. 8,457,145 and27 8,537,757. The patents Wi-LAN did not assert at trial are U.S. Patent Nos.8,311,040,8,462,723, 8,462,761and 8,615,020.

To the extent the Court is not available December 7, 2018,the parties are also
available for a hearing on November 30, 2018.
 
JOINT MOTION TO SET SCHEDULE AND EXTEND DEADLINE CASE NO. 3:14-cv-1507-DMS (BLM)

any motion for attorney’s fees and related nontaxable expenses is also fourteen
(14) days after entry of judgment. Id.

Given a potential order that changes the prevailing party in this case and/or
an appeal of this case to the Federal Circuit, the parties seek an order extending the
time for the prevailing party to file a bill of costs and a motion for attorney’s fees
and related nontaxable expenses to (i) 60 days after entry of a mandate from the
Federal Circuit, (ii) 60 days after termination of the appeal, or (iii) 60 days after the
time for filing an appeal has expired, whichever is later.