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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`Plaintiffs,
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`v.
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`THE UNITED STATES OF AMERICA,
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`C.A. No. 19-859-RTH
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`Defendant.
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`JOINT PRELIMINARY STATUS REPORT
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`Plaintiff e-Numerate Solutions, Inc. and e-Numerate, LLC and Defendant the United
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`States of America (the “Government”) respectfully submit this Joint Preliminary Status Report
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`(“JPSR”) pursuant to Section III of Appendix A of the Rules of the United States Court of Federal
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`Claims (“RCFC”).
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`(a)
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`Does the Court have jurisdiction over the action?
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`Plaintiff submits that the Court has jurisdiction over this action. Defendant agrees that has
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`jurisdiction to hear a claim pursuant to 28 U.S.C. §1498.
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`Plaintiffs’ Further Position
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`Plaintiff notes Defendants’ reference to 28 U.S.C. § 2501. Plaintiffs do not concede that
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`this provision bars any claim under any of the 7 patents-in-suit. Any such determination under 28
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`U.S.C. § 2501 is governed by the statute and the judicial interpretations of the statute. See, e.g.,
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`Ross-Himes Designs, Inc. v. United States, 139 Fed. Cl. 444 (C.F.C. 2018).
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`Defendants’ Further Position
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`Defendant further notes that under 28 U.S.C. § 2501, to the extent that any version of the
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`accused technology used by or for Defendant occurred before six years prior to the filing of the
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 2 of 25
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`original complaint, June 11, 2013, this Court would not have jurisdiction with respect to the use
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`of those versions of the accused technology. Defendant submits that the burden to prove
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`jurisdiction for each Count remains with Plaintiff and the Government retains the right to move
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`for dismissal based on lack of jurisdiction based on facts uncovered during the course of its
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`investigation and discovery.
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`Should the case be consolidated with any other case and, if so, why?
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`(b)
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`The parties agree that the case should not be consolidated with any other case.
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`(c)
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`Should trial of liability and damages be bifurcated and, if so, why?
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`The parties disagree on this section.
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`Plaintiffs’ Further Position
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`Plaintiff submits that neither discovery nor trial should be bifurcated. Discovery should not
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`be bifurcated because of issue overlap between, for example, liability and damages. Commercial
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`success discovery for purposes of 35 U.S.C. § 103 frequently seeks the same or similar information
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`as damages discovery. Bifurcation of discovery and/or trial is also prejudicial to Plaintiffs. The
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`Government caused the filing of this litigation via its intervention in the District of Delaware (“the
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`Delaware Action”) via the Statement of Interest it filed. The Government should not be able to
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`force serial trials on the Plaintiffs and the attendant delays and expense via bifurcation requests.
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`The Government has essentially unlimited resources to try cases and Plaintiffs do not.
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`Plaintiffs further request that any limitation on claim construction involving representative
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`claims should be held in conjunction with the Government having to stipulate to representative third
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`party products for liability purposes. In any event, it is premature to discuss limitations on claim
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`construction until the parties make the exchanges set forth in this Court’s Patent Rules and Judge
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`Albright’s scheduling order.
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 3 of 25
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`Defendant’s Further Position
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`Defendant respectfully requests that any decision on bifurcation be deferred until after this
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`Court has rendered a Markman decision, at which point bifurcation to allow an initial stage directed
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`to validity or liability may be appropriate. Defendant also proposes that the parties agree to limit
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`claim construction briefing with respect to no more than six representative claims, from which
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`relevant terms can be determined. An independent consideration of validity in a first trial may
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`provide a substantial savings in time and expense for the parties, which may promote settlement.
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`The Government’s proposed approach is consistent with several § 1498(a) actions brought in this
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`Court. See, e.g., SecurityPoint Holdings, LLC v. United States, No. 11-268C, Dkt. 12 (Fed. Cl.);
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`Ross-Hime Designs Inc. v. United States, No. 11-201C, Dkt. 290 at 2 (Fed. Cl.) (“trial on
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`liability”); Acme World Enterprises, Inc. v. United States, 17-843C, Dkt. 32 (Fed. Cl.)
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`(d)
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`Should further proceedings in the case be deferred pending consideration of
`another case before this court or any other tribunal and, if so, why?
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`This provision is not applicable to the pending matter.
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`(e)
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`In cases other than tax refund actions, will a remand or suspension be sought
`and, if so, why and for how long?
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`This section is not applicable to the pending matter.
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`(f) Will additional parties be joined? If so, the parties shall provide a statement
`describing such parties, their relationship to the case, the efforts to effect
`joinder, and the schedule proposed to effect joinder.
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`The parties do not anticipate that any additional parties will be joined in this action.
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`(g)
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`Does either party intend to file a motion pursuant to RCFC 12(b), 12(c), or 56
`and, if so, what is the schedule for the intended filing?
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`Plaintiff’s Position:
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`Plaintiffs do not anticipate filing a summary judgment motion prior to the end of fact and
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`expert discovery. Plaintiffs submit that early resolution of any issue on summary judgment
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 4 of 25
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`including 35 U.S.C. § 101 is inappropriate and not amenable to resolution under CFC Rule 56.
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`Disputed factual issues must be viewed in the light most favorable to Plaintiffs for any motion
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`filed by the Government.
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`Defendant’s Position:
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`Defendant is considering whether to file an RCFC 56 motion contending that the asserted
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`patents are invalid as “directed to” ineligible subject matter under 35 U.S.C. § 101. This Court
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`already held, in its August 7, 2020 Order ruling on the Government’s RCFC 12(b)(6) motion to
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`dismiss, that “at step one, claim 2 of the '355 patent is directed to the abstract idea of applying a
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`macro to tagged numbers and reporting the results on a computer.” Dkt. No. 27 at 26.
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`Defendant is also considering filing a RCFC 56 motion relating to non-infringement and/or
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`invalidity of one or more of the asserted patents. Defendant will be better able to assess whether
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`its non-infringement and/or invalidity defenses are ripe for summary judgment at a later stage in
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`the case, including after any claim construction dispute is resolved.
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`(h) What are the relevant factual and legal issues?
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`This is an action under 28 U.S.C. § 1498(a) that stems from a patent infringement action
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`between Plaintiffs and certain third parties filed in the District of Delaware (“Delaware Action”).
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`The United States filed a Statement of Interest in the Delaware Action confirming that the United
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`States had granted its authorization and consent to the extent that the third parties used XBRL to
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`file documents with the SEC pursuant to federal regulation and that, as a result, any such action
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`must be brought in this Court.
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`The parties agree that the relevant factual and legal issues include those listed below.
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`1. Infringement of the asserted patents by the Government and third parties.
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`2. Whether one or more asserted claims of the asserted patents are invalid under 35
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`U.S.C. §§ 101, 102, 103, and/or 112.
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 5 of 25
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`3. Assuming Plaintiff proves, by a preponderance of the evidence, infringement under §
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`1498(a) of one or more claims of the asserted patents, and assuming Defendant fails to prove by
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`clear and convincing evidence that each such claim is invalid, the amount of reasonable and
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`entire compensation due to Plaintiff.
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`Plaintiffs’ Further Position:
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`e-Numerate is pursuing infringement claims against the Government for its infringement
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`of e-Numerate’s patents. In addition, e-Numerate is pursuing infringement based on the software,
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`systems, and activities of third parties. This case stems from the Delaware action where the United
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`States intervened via its Statement of Interest and accepted liability for all third party infringement
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`done in connection with SEC filings. In addition, the SEC has software, systems and activities
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`that e-Numerate believes infringe the asserted patents. Plaintiffs intend to seek damages against
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`the United States for all accused activities. In addition, Plaintiffs reserve the right to seek fees and
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`costs in connection with this matter.
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`Defendant’s Further Position:
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`Whether the United States, with authorization and consent, has used the accused
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`technology in a manner that infringes any valid asserted claim of the asserted patents, without
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`license or other lawful right to use or manufacture the same.
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` (i) What is the likelihood of settlement? Is alternative dispute resolution
`contemplated?
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`The parties have not had a formal settlement discussion as of the date of this submission.
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`Plaintiffs’ Further Position:
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`Plaintiffs proposed a face to face meeting between its business representatives and the SEC.
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`Plaintiffs believe it has technology that the SEC could employ to improve upon its use of XBRL.
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`Plaintiffs anticipate resolution of this matter would be discussed in any such meeting with the SEC.
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 6 of 25
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`Plaintiffs remain open to settlement discussions with the Government and would participate in
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`Court ordered mediation.
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`Defendant’s Further Position:
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`The Government agrees to consider and discuss settlement as the litigation continues and
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`the facts and issues become clearer, but cannot accurately assess the likelihood of settlement at
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`this time.
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`The Government believes that some form of alternative dispute resolution (“ADR”) might
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`be useful later in the case, and perhaps after the Court resolves any claim construction dispute
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`and/or dispositive motion(s), to the extent the asserted claims are not held on summary judgment
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`to not be infringed or invalid (e.g., as being “directed to” ineligible subject matter under 35 U.S.C.
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`§ 101).
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`(j) Do the parties anticipate proceeding to trial? Does either party, or do the parties
`jointly, request expedited trial scheduling and, if so, why? A request for expedited
`trial scheduling is generally appropriate when the parties anticipate that
`discovery, if any, can be completed within a 90-day trial period, the case can be
`tried within 3 days, no dispositive motion is anticipated, and a bench ruling is
`sought. The requested place of trial shall be stated. Before such a request is made,
`the parties shall confer specifically on this subject.
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`The parties do not request an expedited trial schedule.
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`The parties request that the trial, if any, be held at the U.S. Court of Federal Claims
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`Courthouse in Washington, D.C.
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`Plaintiffs’ Further Position:
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`At this time, Plaintiffs anticipate proceeding to trial if the case cannot be resolved
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`amicably. Plaintiffs oppose bifurcation of any trial for the reasons set forth above in section (c).
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 7 of 25
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`Defendant’s Further Position:
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`At this time, the Government anticipates that this case will proceed to trial first as to
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`validity or liability only, if there is an unresolved genuine issue of material fact; subsequently,
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`after completion of any trial on validity or liability and only if Plaintiff establishes there is liability
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`for any valid asserted claim(s), the Government anticipates a later trial for a determination of any
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`reasonable and entire compensation.
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`(k)
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`Are there special issues regarding electronic case management needs?
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`Yes.
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`Plaintiffs anticipate seeking source code and other highly sensitive technical and financial
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`documents from the United States and multiple third parties. The parties anticipate that this
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`matter will require entry of a Protective Order that permits production of third party source code,
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`technical documents, and financial documents as well as the same or similar material from the
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`United States.
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`(l)
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`Is there other information of which the court should be aware at this time?
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`Yes. The parties intend to submit a proposed protective order, incorporating their Federal Rule of
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`Evidence 502(d) non-waiver agreement.
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`Plaintiffs’ Position
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`Plaintiffs seek an 18 month long fact discovery period. The reason for this request is that
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`discovery is anticipated to encompass multiple third parties and include subpoenas and requests
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`for inspection seeking highly sensitive technical and business documents including production of
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`source code. The reason for a discovery period of this length is that the United States has taken
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`the position via its Statement of Interest in the Delaware action that the United States authorized
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 8 of 25
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`and consented to the allegedly infringing activities of third parties insofar as they relate to filings
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`with the SEC. Plaintiffs anticipate that the third parties will resist Plaintiffs’ discovery efforts and
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`that Court intervention may be required. Plaintiffs respectfully request that discovery against third
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`parties be allowed to proceed as of the date of the Rule 16 conference. The ongoing pandemic will
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`further delay third party discovery because, inter alia, third parties may object to production of
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`source code remotely.
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`Plaintiffs seek 200 hours of deposition discovery in lieu of the normal 70 hours provided
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`under the Federal Rules. The reason for this request is that Plaintiffs will be pursuing multiple
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`third parties in discovery, which Plaintiffs estimate may be in excess of 20 - 30 third party service
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`providers and/or customers of said third parties. Plaintiffs request that all testifying experts may
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`be deposed by the opposing party and that such depositions do not count towards the hours limit
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`on depositions. Plaintiffs do not believe that third party depositions should necessarily wait until
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`the Markman hearing is resolved. Plaintiffs do not object to the Government attending third party
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`depositions remotely.
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`Plaintiffs request that there be no limit on the number of document requests and, in any
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`event, Plaintiffs request a ruling by the Court that subpoenas and items requested in a subpoena
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`directed to a third party do not count towards any limit on document requests imposed in this
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`matter.
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`Plaintiffs oppose bifurcation of discovery and trial for the reasons set forth above in section
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`(c).
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`Plaintiffs respectfully request that the Court set a Status Conference during the fact
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`discovery period to discuss whether and to what extent the parties have agreed that certain third
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`party products are representative products for liability purposes. Plaintiffs contend that any
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 9 of 25
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`limitation on representative claims should be coupled with an agreement on representative third
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`party products.
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`Defendant’s Position
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`Defendant maintains that this case may be well served by bifurcation including a first stage
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`directed to validity or liability followed by additional stage(s) covering infringement and/or
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`damages. Defendant maintains that a determination as to bifurcation be deferred until after the
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`Markman hearing or decision.
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`With respect to third party discovery, Defendant does not take a position as to the propriety
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`of Plaintiff beginning to subpoena third parties as of the date of the Rule 16 conference, however
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`Defendant respectfully requests that any depositions take place after the Markman hearing, that
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`the parties coordinate the depositions by providing at least one week notice and allowing the other
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`party to participate remotely.
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`In terms of hours for depositions, Defendant proposes that the 70 hours provided under the
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`Federal Rules be maintained with respect to hours of depositions of the opposing party’s
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`witnesses. Defendant also proposes an initial cap of 40 hours for third-party depositions which
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`may be increased for good cause as the case progresses. Defendant agrees that all testifying experts
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`may be deposed by the opposing party and that such depositions do not count towards the hours
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`limit on depositions.
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`Defendant requests that the standard limit on document requests (75 requests for
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`production) found in Judge Albright’s Order be adopted in this case with respect to the parties.
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`Defendant does not take a position as to whether a Status Conference for determining whether
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`certain third party products are representative is appropriate at this time but urges that an agreement
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`on representative claims should first be reached by the parties.
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 10 of 25
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`Proposed Discovery Plan
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`Pursuant to Appendix A, ¶ 5, the parties propose the following discovery plan addressing
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`the elements of Appendix A, ¶ 3(d):
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`(1) What changes should be made in the timing, form, or requirement for disclosures
`under RCFC 26(a), including a statement as to when disclosures under RCFC
`26(a)(1) were made or will be made?
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`The parties propose that the deadline for initial disclsoures set forth in Judge Albright's
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`scheduling order be modified from one business day following the Markman to one week
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`following the Markman.
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`(2) The subjects on which discovery may be needed, when discovery should be
`completed, and whether discovery should be conducted in phases or be limited to or
`focused upon particular issues.
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`The parties agree that the scope of discovery is governed by RCFC 26(b) and the principles
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`of proportionality embodied therein. As reflected in the below Proposed Schedule, the parties
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`propose that expert discovery, with the exception of any expert opinion/testimony in connection
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`with claim construction, should be postponed until at least after the conclusion of fact discovery
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`and timed to begin in the context of motions for summary judgment.
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`(3) Any issues relating to disclosure, discovery, or preservation of electronically stored
`information, including the form or forms in which it should be produced.
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`Given the nature of this case, the parties believe that a Protective Order that includes
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`provisions relating to the protection of source code and the ability of third parties to produce
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`documents and source code under the protective order will be necessary. Additionally, the parties
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`believe that an Order concerning the management/production of electronically stored information
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`(“ESI”), with appropriate limits on any e-mail discovery, may be appropriate. The parties will be
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`negotiating the contours of a Protective Order and possible ESI Order, and anticipate that they will
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 11 of 25
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`submit to the Court joint proposed orders.
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`Plaintiffs’ Further Position
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`Plaintiffs propose that the Court set a date for the parties to submit the above Orders and,
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`if the parties are in dispute, Plaintiffs respectfully request that the Court set a date to resolve any
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`disputes on these Orders in the Scheduling Order.
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`(4) Any issues relating to claims of privilege or of protection as trial preparation
`material, including—if the parties agree on a procedure to assert such claims after
`production—whether to ask the court to include their agreement in an order under
`Federal Rule of Evidence 502.
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`The parties agree that inadvertent production will be governed by Federal Rule of Evidence
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`(“FRE”) 502(d) and RCFC 26(b)(5)(B). The parties intend to submit a proposed protective order,
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`incorporating their Federal Rule of Evidence 502(d) non-waiver agreement.
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`(5) What changes should be made in the limitations on discovery imposed under these
`rules and what other limitations should be imposed?
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`The parties’ positions are as follows:
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`Plaintiffs’ Position
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`Plaintiffs seek an 18 month long fact discovery period. The reason for this request is that
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`discovery is anticipated to encompass multiple third parties (estimated to be 20 – 30 or more) and
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`include subpoenas and requests for inspection seeking highly sensitive technical and business
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`documents including production of source code. Given that proprietary source code will be
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`involved, Plaintiffs anticipate that the third parties will resist Plaintiffs’ discovery efforts and that
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`Court intervention may be required. Plaintiffs respectfully request that discovery against third
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`parties be allowed to proceed as of the date of the Rule 16 conference.
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`Plaintiffs seek 200 hours of deposition discovery in lieu of the normal 70 hours provided
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`under the Federal Rules. The reason for this request is that Plaintiffs will be pursuing multiple
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`third parties in discovery. This is a direct result of the United States’ Statement of Interest filed in
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 12 of 25
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`the Delaware action related to the infringing activities of third parties. Plaintiffs request that all
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`testifying experts may be deposed by the opposing party and that such depositions do not count
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`towards the hours limit on depositions.
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`Plaintiffs request that there be no limit on the number of document requests and, in any
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`event, Plaintiffs request a ruling by the Court that subpoenas and items requested in a subpoena
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`directed to a third party do not count towards any limit on document requests imposed in this
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`matter.
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`Plaintiffs respectfully request that the Court set a Status Conference during the fact
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`discovery period to discuss judicial and economic benefits flowing from an agreement between
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`the parties that certain products and services offered by third parties are representative for liability
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`purposes.
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`Plaintiffs oppose bifurcation of discovery and trial for the reasons set forth in sections (c)
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`and (l) above. Plaintiffs refer the Court to their position on third party deposition practice in these
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`sections as well.
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`Defendants’ Position
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`Defendant maintains that this case may be well served by bifurcation including a first stage
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`directed to validity or liability followed by additional stage(s) covering infringement and/or
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`damages. Defendant maintains that a determination as to bifurcation be deferred until after the
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`Markman hearing or decision.
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`With respect to third party discovery, Defendant does not take a position as to the propriety
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`of Plaintiff beginning to subpoena third parties as of the date of the Rule 16 conference, however
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`Defendant respectfully requests that any depositions take place after the until after the Markman
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`hearing, that the parties coordinate the depositions by providing at least one week notice and
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 13 of 25
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`allowing the other party to participate remotely.
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`In terms of hours for depositions, Defendant proposes that the 70 hours provided under the
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`Federal Rules be maintained with respect to hours of depositions of the opposing party’s
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`witnesses. Defendant also proposes an initial cap of 40 hours for third party depositions which
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`may be increased for good cause as the case progresses. Defendant agrees that all testifying experts
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`may be deposed by the opposing party and that such depositions do not count towards the hours
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`limit on depositions.
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`Defendant requests that the standard limit on document requests (75 requests for
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`production) found in Judge Albright’s Order be adopted in this case with respect to the parties.
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`Defendant does not take a position as to whether a Status Conference for determining
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`whether certain third party products are representative is appropriate at this time but urges that an
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`agreement on representative claims should first be reached by the parties.
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`(6) Any other orders that should be entered by the court under RCFC 26(c) or under
`RCFC 16(b) and (c).
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`The parties intend to submit a proposed protective order under RCFC 26(c). At present, the
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`parties are not aware of other such orders that should be entered by the Court.
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`Proposed Schedule
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`Pursuant to Appendix A, ¶ 5 and the Court’s expressed desire to follow a schedule similar
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`to that contemplated by Judge Albright’s Scheduling Order promulgated on November 5, 2020, in
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`the Western District of Texas, the parties submit their respective proposed schedules below. The
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`parties propose the following schedule, in accordance with the Patent Rules of the United States
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`Court of Federal Claims (“PRCFC”) set forth in Appendix J.
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`PRCFC 2(a) – (d): see the following proposed schedule.
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 14 of 25
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`PRCFC 2(e): Plaintiff submits that none of its asserted patents has been or are likely to be
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`subject to re-examination proceedings.
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`PRCFC 2(f): Four of the patents-in-suit were in IPR proceedings that have been dismissed
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`with prejudice. The claims involved in that IPR were included in this litigation via the Amended
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`Complaint filed on August 26, 2020. Plaintiff submits that there are no other litigation or inter
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`partes proceedings ongoing or anticipated at this time.
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`Deadline
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`Item
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`December 14, 2020
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`Plaintiff serves preliminary infringement contentions in the
`form of a chart setting forth where in the accused product(s)
`each element of the asserted claim(s) are found. Plaintiff shall
`also identify the earliest priority date (i.e. the earliest date of
`invention) for each asserted claim and produce: (1) all
`documents evidencing conception and reduction to practice
`for each claimed invention, and (2) a copy of the file history
`for each patent in suit.
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`January 4, 2021
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`Deadline for Motions to Transfer.
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`February 16, 2021
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`Defendant serves preliminary invalidity contentions in the
`form of (1) a chart setting forth where in the prior art
`references each element of the asserted claim(s) are found, (2)
`an identification of any limitations the Defendant contends are
`indefinite or lack written description under section 112, and
`(3) an identification of any claims the Defendant contends are
`directed to ineligible subject matter under section 101.
`Defendant shall also produce (1) all prior art referenced in the
`invalidity contentions, (2) technical documents, including
`software where applicable, sufficient to show the operation of
`the accused product(s), and (3) summary, annual sales
`information for the accused product(s) for the two years
`preceding the filing of the Complaint, unless the parties agree
`to some other timeframe.
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`March 1, 2021
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`Parties exchange claim terms for construction.
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`March 15, 2021
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`Parties exchange proposed claim constructions.
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`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 15 of 25
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`March 22, 2021
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`March 29, 2021
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`April 5, 2021
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`Parties disclose extrinsic evidence. The parties shall disclose
`any extrinsic evidence, including the identity of any expert
`witness they may rely upon with respect to claim construction
`or indefiniteness. With respect to any expert identified, the
`parties shall identify the scope of the topics for the witness’s
`expected testimony. With respect to items of extrinsic
`evidence, the parties shall identify each such item by
`production number or produce a copy of any such item if not
`previously produced.
`
`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`
`Plaintiff files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
`
`April 26, 2021
`
`Defendant files Responsive claim construction brief.
`
`May 10, 2021
`
`Plaintiff files Reply claim construction brief.
`
`May 24, 2021
`
`Defendant files a Sur-Reply claim construction brief.
`
`May 27, 2021
`
`Parties submit Joint Claim Construction Statement.
`
`
`
`See General Issues Note #8 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`
`June 1, 2021
`
`June 7, 2021
`
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed). Plaintiffs propose that the
`parties should provide at least one month’s notice to the
`other party if they expect to provide a technical tutorial.
`Markman Hearing at [9:00 a.m. or 1:30 p.m.]
`
`1 week after
`Markman hearing
`
`Fact Discovery between the parties opens; deadline to serve
`Initial Disclosures per Rule 26(a).
`
`6 weeks after Markman
`hearing
`
`Deadline to add parties.
`
`Plaintiff’s position:
`Plaintiffs submit that
`deadlines after the
`Markman hearing will
`depend on a number of
`factors included the length
`of the fact discovery period.
`Plaintiffs oppose
`
`Deadline to serve Final Infringement and Invalidity
`Contentions. After this date, leave of Court is required for
`any amendment to Infringement or Invalidity contentions.
`This deadline does not relieve the Parties of their obligation to
`seasonably amend if new information is identified after initial
`contentions.
`
`15
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`
`
`
`
`
`
`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 16 of 25
`
`bifurcation. Plaintiffs do
`not oppose setting these
`dates later in the scheduling
`process.
`Defendant’s position:
`Timing of events after the
`Markman should be set at a
`later date after a
`determination as to
`bifurcation has been made.
`Plaintiff’s position:
`Plaintiffs submit that
`deadlines after the
`Markman hearing will
`depend on a number of
`factors included the length
`of the fact discovery period.
`Plaintiffs oppose
`bifurcation. Plaintiffs do
`not oppose setting these
`dates later in the scheduling
`process.
`
`Defendant’s position:
`Timing of events after the
`Markman should be set at a
`later date after a
`determination as to
`bifurcation has been made.
`Plaintiff’s position:
`Plaintiffs submit that
`deadlines after the
`Markman hearing will
`depend on a number of
`factors included the length
`of the fact discovery period.
`Plaintiffs oppose
`bifurcation. Plaintiffs do
`not oppose setting these
`dates later in the scheduling
`process.
`
`Defendant’s position:
`Timing of events after the
`Markman should be set at a
`later date after a
`determination as to
`
`Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or patent claims. (Note: This
`includes amendments in response to a 12(c) motion.)
`
`Deadline for the first of two meet and confers to discuss
`significantly narrowing the number of claims asserted and
`prior art references at issue. Unless the parties agree to the
`narrowing, they are ordered to contact the Court’s Law Clerk
`to arrange a teleconference with the Court to resolve the
`disputed issues.
`
`16
`
`
`
`
`
`
`
`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 17 of 25
`
`bifurcation has been made.
`
`
`Plaintiff’s position:
`Plaintiffs submit that
`deadlines after the
`Markman hearing will
`depend on a number of
`factors included the length
`of the fact discovery period.
`Plaintiffs oppose
`bifurcation. Plaintiffs do
`not oppose setting these
`dates later in the scheduling
`process.
`
`Defendant’s position:
`Timing of events after the
`Markman should be set at a
`later date after a
`determination as to
`bifurcation has been made.
`
`Plaintiff’s position:
`Plaintiffs submit that
`deadlines after the
`Markman hearing will
`depend on a number of
`factors included the length
`of the fact discovery period.
`Plaintiffs oppose
`bifurcation. Plaintiffs do
`not oppose setting these
`dates later in the scheduling
`process.
`
`Defendant’s position:
`Timing of events after the
`Markman should be set at a
`later date after a
`determination as to
`bifurcation has been made.
`
`Close of Fact Discovery.
`
`Opening Expert Reports.
`
`17
`
`
`
`
`
`
`
`Case 1:19-cv-00859-RTH Document 35 Filed 11/19/20 Page 18 of 25
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`
`Plaintiff’s position:
`Plaintiffs submit that
`deadlines after