Docket 517 granting joint motion

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Docket 517 granting joint motion

posted on Oct 05, 2018 01:25PM

Docket 517 granting joint motion

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

The Court having considered the parties’ Joint Motion to Set a Schedule for Post-Trial Briefing and Extend the Deadline to Seek Costs and Fees, and finding good cause, hereby GRANTS the Motion and orders as follows:

1. Apple’s equitable defenses are dismissed with prejudice for the ’145 and ’757 patents and without prejudice for the ’040, ’761, ’723, and ’020 patents.

2. The schedule for post-trial briefing is as follows: October 26, 2018 (Opening briefs), November 9 (Opposition briefs), and November 20 (Reply briefs). Wi-LAN is permitted to file any motion for pre-judgment interest, post- judgment interest, or ongoing royalties for damages for infringement occurring after the verdict according to this schedule, and Apple is permitted to file any motions 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) according to this schedule. Any motions filed pursuant to this paragraph shall be heard on December 7, 2018, at 1:30 p.m.

3. As the prevailing party based on the current record, Wi-LAN is entitled to costs. Given a potential order that changes the prevailing party in this case and/or an appeal of this case to the Federal Circuit, the Court extends the time for the prevailing party to file a bill of costs and a motion for attorney’s fees andrelated 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.