Case 2:23-cv-01161-MEF-LDW Document 65 Filed 10/15/24 Page 1 of 2 PageID: 1519
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`
`
`Gregory S. Gewirtz
`908.518.6343
`ggewirtz@lernerdavid.com
`
`
`October 15, 2024
`
`VIA ECF
`Hon. Leda Dunn Wettre, U.S.M.J.
`United States District Court
`District of New Jersey
`Martin Luther King Building &
`U.S. Courthouse
`50 Walnut Street, Room 4015
`Newark, NJ 07101
`
`
`Re:
`
`Jawbone Innovations, LLC, v. Sony Electronics Inc.,
`Civil Action No. 2:23-cv-1161
`Request for Conference 
`
`
`Dear Magistrate Judge Wettre:
`
`
`We represent Defendant Sony Electronics Inc. (“SEL”) in the above-identified action and
`write in response to your text order of October 7, 2024 (ECF No. 64). The Parties met and
`conferred on October 10 and 11, and made progress in reducing the number of asserted claims and
`disputed claim terms. In particular, the Parties have agreed that the following seven patent claims
`will not be asserted in this action and resolved their dispute with 18 of the previously disputed
`claim terms: ’213 Patent, claims 2 and 10; ’611 Patent, claims 30 and 38; ’327 Patent, claims 9
`and 14; and ’357 Patent, claim 6. The withdrawal of these patent claims and additional disputed
`terms specifically resolve the dispute over claim terms 4-6, 10, 11, 14, 17, 18, 22-24, 28, 30, 31,
`34, and 37 identified in Exhibit A of the Joint Claim Construction and Prehearing Statement (ECF
`Nos. 60 and 60-1).
`
`For convenient reference, an updated copy of Exhibit A to the Joint Claim Construction
`Prehearing Statement is attached showing the remaining disputed claim terms to be addressed in
`the claim construction briefs – term numbers 1-3, 7-9, 12, 13, 15, 16, 19-21, 25-27, 32 and 33. The
`Parties also discussed a typographical error in SEL’s construction of term 12, and the revised
`construction is shown with revision marks in updated attached Exhibit A.
`
`Although the Parties made substantial progress, the present action still includes a total of
`62 asserted claims in four patents, and 18 disputed terms. The remaining disputed terms are recited
`in a total of 10 claims: ’213 Patent independent claim 1 (terms 1-3, 7-9, 21); ’611 Patent
`independent claim 29 (terms 12, 15, 16, 29), independent claim 44 (terms 13, 15, 16, 20), and
`dependent claim 31 (term 13); ’327 Patent independent claim 1 (terms 25, 26), independent claim
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`8254098_1.docx
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`Case 2:23-cv-01161-MEF-LDW Document 65 Filed 10/15/24 Page 2 of 2 PageID: 1520
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`
`
`
`Hon. Leda Dunn Wettre, U.S.M.J.
`October 15, 2024
`Page 2
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`11 (terms 25-27), dependent claim 5 (term 25), and dependent claim 6 (term 26); and ’357 Patent
`independent claims 1 and 15 (terms 32 and 33). The Parties agree to meet and confer following
`issuance of a claim construction order to discuss further streamlining the case.
`
`The Parties request a 10-day extension for their respective Markman submissions and
`related expert discovery. The extended dates would be November 14 for opening submissions,
`December 16 for related expert discovery, and January 20 for responsive submissions.
`
`Finally, the Parties request an enlargement of 20 pages for their respective opening and
`responsive Markman briefs.
`
`We appreciate your continued consideration of this matter.
`
`Respectfully submitted,
`
`LERNER DAVID LLP
`Attorneys for Defendant Sony Electronics Inc.
`
`By:
`
`
`
`
`
`s/ Gregory S. Gewirtz
`Gregory S. Gewirtz
`
`
`
`
`GSG/dmf
`
`cc: All Counsel of Record (via ECF)
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`8254098_1.docx 
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