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`Case 5:18-md-02834-BLF Document 306 Filed 11/09/18 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`IN RE: PERSONALWEB
`TECHNOLOGIES, LLC, ET AL., PATENT
`LITIGATION
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`Case No. 18-md-02834-BLF
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`CASE MANAGEMENT ORDER NO. 2
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`On November 2, 2018, the parties appeared for a Case Management Conference. As
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`discussed on the record at the Case Management Conference, the Court ORDERS as follows:
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`(1)
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`The parties shall file a joint statement regarding designation of a representative
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`customer case by November 6, 2018. If the parties do not agree on designation of a
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`single representative customer case, the parties shall file one-page statements with
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`their positions by November 9, 2018.
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`(2)
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`If the Court designates a representative customer case, PersonalWeb Technologies,
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`LLC and Level 3 Communications, LLC (collectively, “PersonalWeb”) shall have
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`21 days from the date that the Court designates the representative case to deliver
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`infringement contentions to the defendant in the designated customer case.
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`(3)
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`The hearing on the claims preclusion / Kessler motion is set for February 7, 2019,
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`at 2:00 P.M. The closing brief shall be filed at least 14 days before the hearing.
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`The parties shall meet and confer regarding the briefing schedule and shall submit
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`their proposed schedule to the Court by November 9, 2018.
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`(4)
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`Briefs for the Kessler motion shall be limited to 20 pages for the motion and
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`opposition and 12 pages for the reply. Footnotes shall be in 12-point font and
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`double-spaced.
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`(5)
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`As to discovery required for the Kessler motion, the parties shall submit any
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`disputes to Magistrate Judge van Keulen by December 4, 2018.
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`28
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`Northern District of California
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`United States District Court
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`Case 5:18-md-02834-BLF Document 306 Filed 11/09/18 Page 2 of 2
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`(6)
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`A single claims construction hearing is anticipated by the parties to be heard in
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`May 2019 as previously scheduled.
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`(7)
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`At this time, the parties do not anticipate pretrial motions to dismiss under Fed. R.
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`Civ. P. 12(b)(6) or patent invalidity motions. The parties do expect to file motions
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`for summary judgment and Daubert motions, if needed.
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`(8)
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`Any Daubert hearing shall be scheduled at least 60 days prior to trial. The Court
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`does not reserve a hearing date for Daubert motions, and it will take at least five
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`months from the time the motion is filed to schedule a hearing date. The moving
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`party may reserve a hearing date up to 14 days prior to filing the motion as
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`described in the undersigned’s standing order. Such motions are limited to 10
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`pages per expert and no more than 25 pages total.
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`(9)
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`The next Case Management Conference is scheduled for February 7, 2019,
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`following the hearing on the Kessler motion.
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`IT IS FURTHER ORDERED that the following schedule and deadlines shall apply to
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`this case:
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`EVENT
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`Kessler Hearing and Further Case
`Management Conference
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`DATE OR DEADLINE
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`February 7, 2019 (Thursday, 2:00 p.m.)
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`Claim Construction Tutorial
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`May 2, 2019 (Thursday, 1:30 p.m.)
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`Claim Construction Hearing
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`May 24, 2019 (Friday, 9 a.m.)
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`Last Day to Hear Dispositive Motions
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`November 15, 2019 (Friday, 9 a.m.)
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`Final Pretrial Conference
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`February 6, 2020 (Thursday, 1:30 p.m.)
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`Trial
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`Dated: November 9, 2018
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`March 16, 2020
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`_________________________________
`BETH LABSON FREEMAN
`United States District Judge
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`28
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`Northern District of California
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`United States District Court
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