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`Case 3:17-cv-02403-CAB-MDD Document 109 Filed 05/09/18 PageID.573 Page 1 of 7
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`QUALCOMM INCORPORATED,
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`v.
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`APPLE INCORPORATED,
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`Plaintiff,
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`Defendant.
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`
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` Case No.: 17cv2403-CAB-MDD
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`AMENDED CASE MANAGEMENT
`ORDER REGULATING
`DISCOVERY AND OTHER
`PRETRIAL PROCEEDINGS IN A
`PATENT CASE
`[ECF NO. 105]
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`On April 27, 2018, the parties filed a Joint Motion to Amend Claim Construction
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`Hearing Dates. (ECF No. 105). The Court finds good cause to GRANT the motion.
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`Accordingly, IT IS HEREBY ORDERED:
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`1.
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`Any motion to join other parties, to amend the pleadings, or to file additional
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`pleadings shall be filed by June 29, 2018.
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`2.
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`On or before April 26, 2018, each party claiming patent infringement shall
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`separately serve on all parties a Disclosure of Asserted Claims and Preliminary
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`Infringement pursuant to Patent L.R. 3.1 and produce documents as required by Patent
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`L.R. 3.2.
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`3.
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`On or before May 10, 2018, each party opposing a claim of infringement
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`shall serve Invalidity Contentions pursuant to Patent L.R. 3.3 and produce documents as
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`Case 3:17-cv-02403-CAB-MDD Document 109 Filed 05/09/18 PageID.574 Page 2 of 7
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`required by Patent L.R. 3.4.
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`4.
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`On or before May 24, 2018, the parties shall exchange Preliminary Claim
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`Constructions pursuant to Patent L.R. 4.1(a) and identify extrinsic evidence as required
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`by Patent L.R. 4.1(b).
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`5.
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`On or before June 7, 2018, the parties shall exchange Responsive Claim
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`Constructions pursuant to Patent L.R. 4.1(c) and identify extrinsic evidence as required
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`by Patent L.R. 4.1(d).
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`6.
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`On or before June 21, 2018, parties shall complete and file a Joint Claim
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`Construction Chart, Joint Claim Construction Worksheet, and Joint Hearing Statement
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`pursuant to Patent L.R. 4.2.
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`7.
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`The deadline for filing, as of right, Amended Infringement Contentions by a
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`party claiming infringement is June 21, 2018. See Patent L.R. 3.6(a).
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`8.
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`All discovery intended for use in the Claim Construction Hearing must be
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`completed by July 19, 2018. See Patent L.R. 4.3.
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`9.
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`The deadline for filing, as of right, Amended Invalidity Contentions by the
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`party opposing infringement is July 19, 2018. See Patent L.R. 3.6(b)
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`10. On or before August 2, 2018, the parties must file simultaneously their
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`Opening Claim Construction Briefs. See Patent L.R. 4.4(a).
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`11. On or before August 16, 2018, the parties must file simultaneously their
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`Responsive Claim Construction Briefs. See Patent L.R. 4.4(b).
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`12. The Claim Construction and tutorial hearing will be held October 10 and
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`11, 2018, at 9:00AM. See Patent L.R. 4.5.
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`13. Not later than thirty (30) days after the filing of the Claim Construction
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`Order, any party relying upon advice of counsel as part of a patent-related claim or
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`defense for any reason must make the disclosures required by Patent L.R. 3.7
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`14. A party asserting infringement must serve final amended infringement
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`contentions, within the meaning of Patent L.R. 3.6(a)(1), not later than thirty (30) days
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`after service of the Court’s Claim Construction Ruling.
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`Case 3:17-cv-02403-CAB-MDD Document 109 Filed 05/09/18 PageID.575 Page 3 of 7
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`15. A party opposing a claim of infringement must serve final amended
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`invalidity contentions, within the meaning of Patent L.R. 3.6(b)(2), not later than fifty
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`(50) days after service of the Court’s Claim Construction ruling.
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`16. The initial date for the substantial completion of document discovery
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`including electronically stored information (“ESI”) is November 19, 2018. See Patent
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`L.R. 2.1(a)(1).
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`17. All fact discovery shall be completed by all parties on or before January 18,
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`2019.
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`18. All expert disclosures required by Fed. R. Civ. P. 26(a)(2) shall be served on
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`all parties on or before February 15, 2019. Any contradictory or rebuttal disclosures
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`within the meaning of Rule 26(a)(2)(D)(ii) shall be disclosed on or before March 15,
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`2019. Unless otherwise stipulated by the parties, the required expert disclosures shall
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`include an expert report as required by Rule 26(a)(2)(B). If a written report is not
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`required, the disclosure must provide the information required under Rule 26(a)(2)(c).
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`19. All discovery, including expert discovery, shall be completed by all parties
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`on or before April 12, 2019. “Completed” means that interrogatories, requests for
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`production, and other discovery requests must be served at least thirty (30) days prior to
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`the established cutoff date so that response thereto will be due on or before the cutoff
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`date. All subpoenas issued for discovery must be returnable on or before the discovery
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`cutoff date. All disputes concerning discovery shall be brought the attention of the
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`Magistrate Judge no later than forty-five (45) days following the date upon which the
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`event giving rise to the dispute occurred. Counsel are required to meet and confer
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`regarding all discovery disputes pursuant to the requirements of Local Rule 26.1(a).
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`Counsel are to comply with the chambers rules of the Magistrate Judge in bringing
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`discovery before the court.
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`20. All other dispositive motions, including those addressing Daubert issues,
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`shall be FILED on or before April 26, 2019. Please be advised that counsel for the
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`moving party must obtain a motion hearing date from the law clerk of the judge who will
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`hear the motion. Failure of counsel to timely request a motion date may result in the
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`motion not being heard. Motions in Limine are to be filed as directed in the Local Rules,
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`or as otherwise set by Judge Cathy Ann Bencivengo.
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`21. Briefs or memoranda in support of or in opposition to any pending motion
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`shall not exceed twenty-five (25) pages in length without permission of the judge or
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`magistrate judge who will hear the motion. No reply memorandum shall exceed ten (10)
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`pages without leave of the judge or magistrate judge who will hear the motion.
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`22. A Mandatory Settlement Conference shall be conducted upon joint request
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`of the parties.
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`23. Pursuant to Local Civil Rule 16.3, all party representatives and claims
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`adjusters for insured defendants with full and unlimited authority to negotiate and enter
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`into a binding settlement, as well as the principal attorney(s) responsible for the litigation,
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`must be present and legally and factually prepared to discuss and resolve the case at the
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`mandatory settlement conference. Retained outside corporate counsel shall not appear on
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`behalf of a corporation as the party who has the authority to negotiate and enter into a
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`settlement. Failure to attend the conference or obtain proper excuse will be considered
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`grounds for sanctions.
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`24.
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`In order to identify the claims to be tried and eliminate delay and surprise at
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`trial, the Court enters the following pretrial order pursuant to Fed. R. Civ. P. 16.
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`25. Parties are excused from the requirement of Local Rule 16.1(f)(2)(a); no
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`Memoranda of Law or Contentions of Fact are to be filed.
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`26. All parties or their counsel shall fully comply with the Pretrial Disclosure
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`requirements of Fed. R. Civ. P. 26(a)(3) on or before May 31, 2019. Failure to comply
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`with these disclosures requirements could result in evidence preclusion or other sanctions
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`under Fed. R. Civ. P. 37.
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`27. Pursuant to Local Civil Rule 16.1(f)(4), on or before June 7, 2019, the
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`parties shall meet and confer to comply with the provisions of that section and prepare a
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`proposed pretrial order in accordance with Local Rule 16.1(f)(6)(c), and containing the
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`Case 3:17-cv-02403-CAB-MDD Document 109 Filed 05/09/18 PageID.577 Page 5 of 7
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`following:
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`a.
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`A joint neutral statement to be read to the jury, not in excess of one
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`page, of the nature of the case and the claims and defenses.
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`b.
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`A list of the causes of action to be tried, referenced to the Complaint
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`[and Counterclaim if applicable]. For each cause of action, the order shall succinctly list
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`the elements of the claim, damages and any defenses. A cause of action in the Complaint
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`[and/or Counterclaim] which is not listed shall be dismissed with prejudice.
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`c.
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`A list, in alphabetical order, of:
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`i.
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`Each witness counsel actually expect to call at trial with a brief
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`statement, not exceeding four sentences, of the substance of the
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`witnesses’ testimony.
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`ii.
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`Each expert witness counsel actually expect to call at trial with
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`a brief statement, not exceeding four sentences, of the substance
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`of the expert witnesses’ testimony.
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`iii.
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`Additional witnesses, including experts, counsel do not expect
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`to call at this time but reserve the right to call at trial along with
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`a brief statement, not exceeding four sentences, of the substance
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`of the witnesses’ testimony.
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`d.
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`A list of:
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`i.
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`All exhibits that counsel actually expect to offer at trial with a
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`one-sentence description of the exhibit. All exhibits are to be
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`identified numerically, plaintiff starting with “1” and defendant
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`beginning with an agreed upon numerical designation.
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`ii.
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`All other exhibits that counsel do not expect to offer at this time
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`but reserve the right to offer if necessary at trial with a one-
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`sentence description of the exhibit.
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`e.
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`A statement of all facts to which the parties stipulate. This statement
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`shall be on a separate page and will be read to and provided to the jury.
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`Case 3:17-cv-02403-CAB-MDD Document 109 Filed 05/09/18 PageID.578 Page 6 of 7
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`f.
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`A list of all deposition transcripts by page and line, or videotape
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`depositions by section, that will be offered at trial.
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`g.
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`Counsel will note any objections they have to any other parties’ Fed.
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`R. Civ. P. 26 (a)(3) Pretrial Disclosures.
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`The Court encourages the parties to consult with the assigned magistrate judge to
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`work out any problems in preparation of the proposed pretrial order. Judge Cathy Ann
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`Bencivengo will entertain any questions concerning the conduct of the trial at the pretrial
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`conference.
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`27. Counsel for plaintiff will be responsible for preparing the pretrial order and
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`arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f)(6)(a). On or
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`before June 14, 2019, plaintiff’s counsel must provide opposing counsel with the
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`proposed pretrial order for review and approval. Opposing counsel must communicate
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`promptly with plaintiff’s attorney concerning any objections to form or content of the
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`pretrial order, and both parties should attempt promptly to resolve their differences, if
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`28. The proposed final pretrial conference order, including objections counsel
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`have to any other party’s Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared,
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`served and lodged with Judge Cathy Ann Bencivengo chambers on or before June 21,
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`2019, and shall be in the form prescribed in and in compliance with Local Rule
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`16.1(f)(6)(c). Counsel shall also bring a court copy of the pretrial order to the pretrial
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`conference.
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`29. The final pretrial conference shall be held before the Honorable Cathy Ann
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`Bencivengo, United States District Court Judge, on June 28, 2019 at 2:30PM, during
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`which time the Court will address the submission of motions in limine, trial briefs,
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`proposed voir dire and jury instructions and the trial schedule.
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`30. The dates and times set forth herein will not be modified except for good
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`cause shown.
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`31. Plaintiff’s counsel shall serve a copy of this order on all parties that enter
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`17cv2403-CAB-MDD
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`Case 3:17-cv-02403-CAB-MDD Document 109 Filed 05/09/18 PageID.579 Page 7 of 7
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`this case hereafter.
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`IT IS SO ORDERED.
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`Dated: May 9, 2018
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