The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
SHOLEM WEISNER,
Plaintiff, Civil Action No. 20-cv-02862-AKH
(“Weisner
v, Civil Action No. 23-cv-08186-AKH
(“Weisner IP’)
GOOGLE LLC and SHMUEL NEMANOV,
Defendants.
GOOGLE’S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO VACATE
TRIAL DEADLINES AND SHORTEN BRIEFING SCHEDULE
yt ebes
/ ( .
□□□ P__.
On October 21, 2025, the parties conducted an evidentiary hearing on Google’s summary
judgment Motions. Dkt. 448, Following the hearing, on November 21, 2025, Magistrate Judge
Figueredo issued a Report and Recommendation (“R&R”) recommending that Plaintiff's suit be
dismissed with prejudice for multiple independent reasons.! Dkt. 450. In view of that case-
dispositive recommendation, Google respectfully requests that the Court vacate the quickly
approaching February 2, 2026 trial date and associated January 27, 2026 pre-trial conference date,
so that the Court and parties can avoid unnecessary burdens and expenses,
To avoid unnecessary expenses, courts have vacated pending deadlines after a potentially
dispositive R&R. See, e.g., Ex. A, Cook v. Creany et al., Case No, 13-cv-01792, Dkt, 42 (D. Col.
Aug. 7, 2014). The power to do so lies well within the Court’s inherent authority, as well as under
Fed. R. Civ. P. 16(b)(4). See, e.g., Muench Photography, Inc. v. Houghton Mifflin Harcourt Pub.
Co., No. 09 CIV. 2669 LAP, 2015 WL 4757601, at *3 (S.D.N.Y. Aug. 12, 2015), .
Here, if the deadlines are not vacated, Google would need to spend considerable resources
continuing to draft, and promptly filing, summary judgment and Daubert motions so that they
would be fully briefed and resolved before the February 2, 2025 trial date. Google would similarly
need to make arrangements for fact witnesses, experts, jury consultants, travel, and graphics
support, which would result in considerable burden and expense. Plaintiff would no doubt incur
its own considerable burden and expense. That is why Google asked Plaintiff nearly two weeks
ago if he would agree to vacate the trial date “to avoid the Parties incurring additional fees and
| Judge Figueredo recommended finding that the Asserted Patents are “unenforceable under the
inequitable conduct doctrine” due to: 1) “Weisner’s . . . intent to deceive the PTO”; and 2) “Dr.
Friedman’s intent to deceive the PTO.” Dkt. 450 at 84. Judge Figueredo further recommended 3)
dismissing the case with prejudice under Fed. R. Civ. P, 41(b) because Mr. Weisner’s failed to
comply with an order to appear at the evidentiary hearing and acted in bad faith. /d. at 101.
costs.” Almost two weeks later, and after repeated follow-ups from Google, Plaintiff confirmed it
opposed this motion.
Finally, to the extent the Court believes any briefing on this request is necessary, in the
interest of resolving this issue promptly, Google respectfully asks that Plaintiff's deadline to
respond be shortened to three days.
For the foregoing reasons, Google respectfully requests the Court vacate the January 27,
2026 pretrial conference and February 2, 2026 jury trial dates and shorten Plaintiff's deadline to
respond to this request to three days.
Dated: December 8, 2025 Respectfully submitted,
DESMARAIS LLP
By: 4s/ Michael R, Rhodes
Karim Z, Oussayef (NY Bar #4681334)
Email: koussayef@desmaraisllp.com
Jamie L. Kringstein (NY Bar #5318928)
Email: jkringstein@desmaraisllp.com
Ashley DaBiere (NY Bar #6117766)
Email: adabiere@desmaraisllp.com
DESMARAIS LLP
230 Park Avenue, 26" Floor
New York, NY 10169
Tel: (212) 351-3400
Fax: (212) 351-3401
Michael R. Rhodes (NY Bar #5379961)
Email: mrhodes@desmaraisilp.com
Kevin J. Gu (admitted pro hac vice)
Email: kgu@desmaraisllp.com
DESMARAIS LLP
101 California Street, Suite 3000
San Francisco, CA 94111
Tel: (415) 573-1900
Fax: (415) 573-1901
Attorneys for Google LLC
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document
was filed electronically on December 8, 2025. As of this date, all counsel of record have
consented to electronic service and are being served with a copy of this document through the
Court’s CM/ECF system,
/s/ Michael R, Rhodes
Michael R. Rhodes