`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 12-574-LPS-CJB
`C.A. No. 14-142-LPS-CJB
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`JURY TRIAL DEMANDED
`
`)))))))))))
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`ROBERT BOSCH LLC,
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`Plaintiff,
`
`v.
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`ALBEREE PRODUCTS, INC.,
`API KOREA CO., LTD., and
`SAVER AUTOMOTIVE PRODUCTS, INC.,
`
`Defendants.
`
`SCHEDULING ORDER
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`This ____ day of August, 2014, the Court having conducted a Case Management
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`Conference/ Rule 16 scheduling and planning conference pursuant to Local Rule 16.2(a) and
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`Judge Stark’s Revised Procedures for Managing Patent Cases (which is posted at
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`http://www.ded.uscourts.gov; see Chambers, Judge Leonard P. Stark, Patent Cases) on August 4,
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`2014, and the parties having determined after discussion that the matter cannot be resolved at this
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`juncture by settlement, voluntary mediation, or binding arbitration;
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`IT IS HEREBY ORDERED that:
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`1.
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`Consolidation. This civil action is consolidated with the original filed action, Case
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`No. 1:12-cv-574-LPS-CJB, which is the Lead Case. All filings subsequent to the initial pleadings
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`shall be made in the Lead Case.
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`2.
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`Defendants’ Answers to Complaints. Notwithstanding the pending motions to
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`dismiss for lack of personal jurisdiction (12-cv-574, D.I. 45–50; 14-cv-142, D.I. 6, 7, 14–19),
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`Defendants shall file their answers to Plaintiff’s complaints (12-cv-574, D.I. 38; 14-cv-142, D.I.
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`1) on or before August 31, 2014. The parties stipulate and agree that by answering the
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 2 of 17 PageID #: 390
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`complaints, Defendants’ objections to jurisdiction as presented in their motions to dismiss are not
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`waived.
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`3.
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`Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard.
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`The parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure
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`26(a)(1) on or before August 29, 2014. If they have not already done so, the parties are to review
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`the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored
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`Information (“ESI”) (which is posted at http://www.ded.uscourts.gov; see Other Resources,
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`Default Standards for Discovery, and is incorporated herein by reference).
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`4.
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`Start of Discovery. A party may seek discovery from any source in accordance
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`with the Federal Rules of Civil Procedure and this Court’s Local Rules.
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`5.
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`Joinder of Other Parties and Amendment of Pleadings. All motions to join other
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`parties, and to amend or supplement the pleadings, shall be filed on or before March 20, 2015.
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`6.
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`Application to Court for Protective Order. Should counsel find it will be necessary
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`to apply to the Court for a protective order specifying terms and conditions for the disclosure of
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`confidential information, counsel should confer and attempt to reach an agreement on a proposed
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`form of order and submit it to the Court by September 5, 2014. Should counsel be unable to
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`reach an agreement on a proposed form of order, counsel must follow the provisions of Paragraph
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`11(i) below.
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`Any proposed protective order must include the following paragraph:
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`Other Proceedings. By entering this order and limiting the
`disclosure of information in this case, the Court does not
`intend to preclude another court from finding that
`information may be relevant and subject to disclosure in
`another case. Any person or party subject to this order who
`becomes subject to a motion to disclose another party’s
`information designated “confidential” [the parties should list
`any other level of designation, such as “highly confidential,”
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`2
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 3 of 17 PageID #: 391
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`which may be provided for in the protective order] pursuant
`to this order shall promptly notify that party of the motion so
`that the party may have an opportunity to appear and be
`heard on whether that information should be disclosed.
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`7.
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`Papers Filed Under Seal. In accordance with section G of the Administrative
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`Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed
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`document shall be filed electronically within seven (7) days of the filing of the sealed document.
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`Should any party intend to request to seal or redact all or any portion of a transcript of a
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`court proceeding (including a teleconference), such party should expressly note that intent at the
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`start of the court proceeding. Should the party subsequently choose to make a request for sealing
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`or redaction, it must, promptly after the completion of the transcript, file with the Court a motion
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`for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted
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`so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of
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`the proposed redacted/sealed transcript. With their request, the party seeking redactions must
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`demonstrate why there is good cause for the redactions and why disclosure of the redacted
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`material would work a clearly defined and serious injury to the party seeking redaction.
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`8.
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`Service. The parties consent to service by email, pursuant to Fed. R. Civ. P.
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`5(b)(2)(E). When the document(s) for service exceeds 20 MB, the serving party shall either
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`divide the documents into a series of e-mails each of a size less than 20 MB, or serve the
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`documents by password-protected file transfer protocol (“FTP”). Microsoft Word files of
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`discovery requests shall be provided to the opposing party.
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`9.
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`Courtesy Copies. Other than with respect to “discovery matters,” which are
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`governed by Paragraph 12(i), and the final pretrial order, which is governed by paragraph 24, the
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`parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of
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`3
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 4 of 17 PageID #: 392
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`any other document filed in support of any briefs (i.e., appendices, exhibits, declarations,
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`affidavits etc.). This provision also applies to papers filed under seal.
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`10.
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`ADR Process. This matter is referred to a magistrate judge to explore the
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`possibility of alternative dispute resolution.
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`11.
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`Disclosures. Absent agreement among the parties, and approval of the Court:
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`a.
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`By September 19, 2014, Plaintiff shall identify the accused product(s),
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`including accused methods and systems, and its damages model, as well as the
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`asserted patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall
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`also produce the file history for each asserted patent.
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`b.
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`By October 17, 2014, Defendants shall produce core technical documents
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`related to the accused product(s), sufficient to show how the accused product(s)
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`work(s), including but not limited to non-publicly available operation manuals,
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`product literature, schematics, and specifications. Defendants shall also produce
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`sales figures for the accused product(s).
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`c.
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`By October 31, 2014, Plaintiff shall produce an initial claim chart relating
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`each known accused product to the asserted claims each such product allegedly
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`infringes.
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`d.
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`By November 14, 2014, Defendants shall produce their initial invalidity
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`contentions for each asserted claim, as well as the known related invalidating
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`references.
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`e.
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`f.
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`By June 12, 2015, Plaintiff shall provide final infringement contentions.
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`By June 26, 2015, Defendants shall provide final invalidity contentions.
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`4
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 5 of 17 PageID #: 393
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`12.
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`Discovery. Unless otherwise ordered by the Court, the limitations on discovery set
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`forth in Local Rule 26.1 shall be strictly observed.
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`a.
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`Discovery Deadline. All fact discovery in this case shall be initiated so that
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`it will be completed on or before July 31, 2015.
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`b.
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`Document Production. Document production shall be substantially
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`complete by April 17, 2015. Documents previously produced by the parties in the
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`Investigation 337-TA-816 (“the ITC Investigation”) shall be deemed to have been
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`produced here, subject to the applicable Protective Order to be entered in this
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`action. If any party intends to rely on foreign-language documents in support of
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`any claim or defense, English translations of those documents shall be produced in
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`addition to the original.
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`c.
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`Privilege Logs. The parties must exchange privilege logs by May 15, 2015.
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`Privileged documents created after October 26, 2011 (the date of filing of the
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`Complaint in the ITC Investigation) may be withheld without being identified to a
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`requesting party, unless the requesting party makes a particular request for post-
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`complaint privileged documents, which request may be complied with or objected
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`to, subject to review by the Court if necessary.
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`d.
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`Requests for Admission. A maximum of two hundred (200) requests for
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`admission are permitted for each side.
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`e.
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`Interrogatories.
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`i.
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`A maximum of twenty-five (25) interrogatories, including
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`contention interrogatories, are permitted for each side.
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`5
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 6 of 17 PageID #: 394
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`ii.
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`The Court encourages the parties to serve and respond to contention
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`interrogatories early in the case. In the absence of agreement among the
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`parties, contention interrogatories, if filed, shall first be addressed by the
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`party with the burden of proof. The adequacy of all interrogatory answers
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`shall be judged by the level of detail each party provides; i.e., the more
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`detail a party provides, the more detail a party shall receive.
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`f.
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`Depositions.
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`i.
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`Limitation on Hours for Deposition Discovery.
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`Each side is limited to a total of 70 hours of taking testimony by deposition
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`upon oral examination. If the testimony is taken in a foreign language, two
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`hours of deposition testimony shall count as one hour for the purposes of
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`calculating the total deposition time under Fed. R. Civ. P. 30(d). If the
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`witness requires the use of a translator while testimony is taken in English,
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`the time spent in discussions with the translator should not count for the
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`purposes of calculating the total deposition time under Fed. R. Civ. P. 30(d).
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`ii.
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`Location of Depositions. Any party or representative (officer,
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`director, or managing agent) of a party filing a civil action in this district
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`court must ordinarily be required, upon request, to submit to a deposition at
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`a place designated within this district. Exceptions to this general rule may
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`be made by order of the Court. A defendant who becomes a
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`counterclaimant, cross-claimant, or third-party plaintiff shall be considered
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`as having filed an action in this Court for the purpose of this provision.
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`6
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 7 of 17 PageID #: 395
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`Parties, party representatives, and party employees who reside
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`outside of the United States must be made available for deposition in the
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`United States unless otherwise agreed by the parties.
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`iii.
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`Deposition testimony provided by the witnesses in the ITC
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`Investigation shall be available for use in this action, subject to the
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`applicable Protective Order to be entered in this action.
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`g.
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`Witness Lists. No later than October 16, 2015, each party shall serve a list
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`of the witnesses that it intends to call or may call at trial. The parties shall have the
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`right to depose any such fact witnesses who have not previously been deposed in
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`this case, without regard to the presumptive ten-deposition limit.
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`h.
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`Disclosure of Expert Testimony.
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`i.
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`Expert Reports. For the party who has the initial burden of proof on
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`the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert
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`testimony is due on or before September 25, 2015. The supplemental
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`disclosure to contradict or rebut evidence on the same matter identified by
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`another party is due on or before October 23, 2015. Reply expert reports
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`from the party with the burden of proof are due on or before November 6,
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`2015. No other expert reports will be permitted without either the consent
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`of all parties or leave of the Court. Along with the submissions of the
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`expert reports, the parties shall advise of the dates and times of their
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`experts’ availability for deposition.
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`7
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 8 of 17 PageID #: 396
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`ii.
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`Expert Report Supplementation. The parties agree they will permit
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`expert declarations to be filed in connection with motions briefing
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`(including case-dispositive motions).
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`iii.
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`Objections to Expert Testimony. To the extent any objection to
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`expert testimony is made pursuant to the principles announced in Daubert v.
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`Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as incorporated in Federal
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`Rule of Evidence 702, it shall be made by motion no later than the deadline
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`for dispositive motions set forth herein, unless otherwise ordered by the
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`Court. Briefing on such motions is subject to the page limits set out in
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`connection with briefing of case-dispositive motions.
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`iv.
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`Expert Discovery Deadline. All expert discovery in this case shall
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`be completed by December 11, 2015.
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`i.
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`Discovery Matters and Disputes Relating to Protective Orders.
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`i.
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`Any discovery motion filed without first complying with the
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`following procedures will be denied without prejudice to renew pursuant to
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`these procedures.
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`ii.
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`Should counsel find, after good faith efforts—including verbal
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`communication among Delaware and Lead Counsel for all parties to the
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`dispute—that they are unable to resolve a discovery matter or a dispute
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`relating to a protective order, the parties involved in the discovery matter or
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`protective order dispute shall submit a joint letter in substantially the
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`following form:
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`8
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 9 of 17 PageID #: 397
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`Dear Judge Stark:
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`The parties in the above-referenced matter write to
`request the scheduling of a discovery teleconference.
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`The following attorneys, including at least one
`Delaware Counsel and at least one Lead Counsel per party,
`participated in a verbal meet-and-confer (in person and/or
`by telephone) on the following date(s):
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`_____________________________________
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`Delaware Counsel: ______________________
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`Lead Counsel: ________________________
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`The disputes requiring judicial attention are listed
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`below:
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`[provide here a non-argumentative list of disputes requiring
`judicial attention]
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`iii.
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`On a date to be set by separate order, but not less than forty-eight
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`(48) hours prior to the conference, the party seeking relief shall file with
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`the Court a letter, not to exceed three (3) pages, outlining the issues in
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`dispute and its position on those issues. On a date to be set by separate
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`order, but not less than twenty-four (24) hours prior to the conference, any
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`party opposing the application for relief may file a letter, not to exceed
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`three (3) pages, outlining that party’s reasons for its opposition.
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`iv.
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`Each party shall submit two (2) courtesy copies of its discovery
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`letter and any attachments.
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`v.
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`Should the Court find further briefing necessary upon conclusion of
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`the telephone conference, the Court will order it. Alternatively, the Court
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`9
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 10 of 17 PageID #: 398
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`may choose to resolve the dispute prior to the telephone conference and
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`will, in that event, cancel the conference.
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`j.
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`E-Discovery and Electronically Stored Information (“ESI”). The parties
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`agree to meet and confer regarding the scope and schedule of production of ESI
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`and submit a joint proposal for any agreed amendments or supplements to the
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`Court’s Default Standard for Discovery of Electronic Documents within fifteen
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`(15) days of the start of discovery.
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`13. Motions to Amend.
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`a.
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`Any motion to amend (including a motion for leave to amend) a pleading
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`shall NOT be accompanied by an opening brief but shall, instead, be accompanied
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`by a letter, not to exceed three (3) pages, describing the basis for the requested
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`relief, and shall attach the proposed amended pleading as well as a "blackline"
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`comparison to the prior pleading.
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`b.
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`Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to
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`exceed five (5) pages.
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`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
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`not to exceed two (2) pages, and, by this same date, the parties shall file a letter
`
`requesting a teleconference to address the motion to amend.
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`14. Motions to Strike.
`
`a.
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`Any motion to strike any pleading or other document shall NOT be
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`accompanied by an opening brief but shall, instead, be accompanied by a letter, not
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`10
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 11 of 17 PageID #: 399
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`to exceed three (3) pages, describing the basis for the requested relief, and shall
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`attach the document to be stricken.
`
`b.
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`Within seven (7) days after the filing of a motion in compliance with this
`
`Order, any party opposing such a motion shall file a responsive letter, not to
`
`exceed five (5) pages.
`
`c.
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`Within three (3) days thereafter, the moving party may file a reply letter,
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`not to exceed two (2) pages, and, by this same date, the parties shall file a letter
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`requesting a teleconference to address the motion to strike.
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`15.
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`Tutorial Describing the Technology and Matters in Issue. Unless otherwise ordered
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`by the Court, the parties shall provide the Court, no later than the date on which their opening
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`claim construction briefs are due, a tutorial on the technology at issue. In that regard, the parties
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`may separately or jointly submit a DVD of not more than thirty (30) minutes. The tutorial should
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`focus on the technology in issue and should not be used for argument. The parties may choose to
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`file their tutorial(s) under seal, subject to any protective order in effect. Each party may comment,
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`in writing (in no more than 5 pages) on the opposing party’s tutorial. Any such comment shall be
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`filed no later than the date on which the answering claim construction briefs are due. As to the
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`format selected, the parties should confirm the Court’s technical abilities to access the
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`information contained in the tutorial (currently best are “mpeg” or “quicktime”).
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`16.
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`Claim Construction Issue Identification. On March 18, 2015, the parties shall
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`exchange a list of those claim term(s)/phrase(s) that they believe need construction and their
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`proposed claim construction of those term(s)/phrase(s). This document will not be filed with the
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`Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint
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`Claim Construction Chart. The Joint Claim Construction Chart is to be submitted on April 1,
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`11
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 12 of 17 PageID #: 400
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`2015. The Joint Claim Construction Chart should identify the ten (10) most important disputed
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`terms/phrases for the purpose of the Markman briefing and hearing in Paragraphs 17 and 18
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`below. The parties’ Joint Claim Construction Chart should identify for the Court the
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`term(s)/phrase(s) of the claim(s) in issue, and should include each party’s proposed construction
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`of the disputed claim language with citation(s) only to the intrinsic evidence in support of their
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`respective proposed constructions. A copy of the patent(s) in issue as well as those portions of the
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`intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In this
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`joint submission, the parties shall not provide argument.
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`17.
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`Claim Construction Briefing. The parties shall contemporaneously submit initial
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`briefs on claim construction issues on April 17, 2015. The parties’ answering/responsive briefs
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`shall be contemporaneously submitted on May 15, 2015. No reply briefs or supplemental papers
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`on claim construction shall be submitted without leave of the Court. Local Rule 7.1.3(4) shall
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`control the page limitation for initial (opening) and responsive (answering) briefs.
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`18.
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`Hearing on Claim Construction. Beginning at 1 p.m. on June 8, 2015, the Court
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`will hear argument on claim construction. The parties shall notify the Court, by joint letter
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`submission, no later than the date on which their answering claim construction briefs are due: (i)
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`whether they request leave to present testimony at the hearing; and (ii) the amount of time they
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`are requesting be allocated to them for the hearing.
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`Provided that the parties comply with all portions of this Scheduling Order, and any other
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`orders of the Court, the parties should anticipate that the Court will issue its claim construction
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`order within sixty (60) days of the conclusion of the claim construction hearing. If the Court is
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`unable to meet this goal, it will advise the parties no later than sixty (60) days after the conclusion
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`of the claim construction hearing.
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`12
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 13 of 17 PageID #: 401
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`19.
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`Interim Status Report. On May 1, 2015, counsel shall submit a joint letter to the
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`Court with an interim report on the nature of the matters in issue and the progress of discovery to
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`date. Thereafter, if the Court deems it necessary, it will schedule a status conference.
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`20.
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`Supplementation. Absent agreement among the parties, and approval of the Court,
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`no later than March 20, 2015, the parties must finally supplement, inter alia, the identification of
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`all accused products and of all invalidity references.
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`21.
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`Focusing Patent Claims and Prior Art.
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`a.
`
`No later than March 6, 2015, Plaintiff shall serve a preliminary election of
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`asserted claims, which shall include no more than eight (8) claims from each
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`patent and not more than a total of 56 claims. No later than March 20, 2015,
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`Defendants shall serve a preliminary election of asserted prior art, which shall
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`include no more than ten (10) prior art references against each patent family, and
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`not more than a total of 70 references.
`
`b.
`
`No later than August 28, 2015, Plaintiff shall serve a final election of
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`asserted claims, which shall identify no more than five (5) asserted claims per
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`patent from among the eight previously identified claims, and not more than a total
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`of 42 claims. No later than September 25, 2015, Defendants shall serve a final
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`election of asserted prior art, which shall identify no more than six (6) asserted
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`prior art references per patent family from among the ten prior art references
`
`previously identified for that patent/ family, and not more than a total of 56
`
`references. For purposes of this final election of asserted prior art, each
`
`obviousness combination counts as a separate prior art reference.
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`13
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 14 of 17 PageID #: 402
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`22.
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`Case Dispositive Motions. All case dispositive motions, an opening brief, and
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`affidavits, if any, in support of the motion shall be served and filed on or before February 5,
`
`2016. Briefing will be presented pursuant to the Court’s Local Rules, as modified by this Order.
`
`a.
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`No early motions without leave. No case dispositive motion under Rule 56
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`may be filed more than ten (10) days before the above date without leave of the
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`Court.
`
`b.
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`Page limits combined with Daubert motion page limits. Each party is
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`permitted to file as many case dispositive motions as desired; provided, however,
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`that each SIDE will be limited to a combined total of 40 pages for all opening
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`briefs, a combined total of 40 pages for all answering briefs, and a combined total
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`of 20 pages for all reply briefs regardless of the number of case dispositive
`
`motions that are filed. In the event that a party files, in addition to a case
`
`dispositive motion, a Daubert motion to exclude or preclude all or any portion of
`
`an expert's testimony, the total amount of pages permitted for all case dispositive
`
`and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages
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`for all answering briefs, and 25 pages for all reply briefs for each SIDE.1
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`c.
`
`Hearing. The Court will hear argument on all pending case dispositive and
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`Daubert motions on April 5, 2016, beginning at 9:00 a.m. Subject to further order
`
`of the Court, each side will be allocated a total of forty-five (45) minutes to present
`
`its argument on all pending motions.
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`1
`The parties must work together to ensure that the Court receives no more than a total of
`250 pages (i.e., 50+ 50+ 25 regarding one side’s motions, and 50+ 50+ 25 regarding the other
`side’s motions) of briefing on all case dispositive motions and Daubert motions that are covered
`by this scheduling order and any other scheduling order entered in any related case that is
`proceeding on a consolidated or coordinated pretrial schedule.
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`14
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 15 of 17 PageID #: 403
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`23.
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`Applications by Motion. Except as otherwise specified herein, any application to
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`the Court shall be by written motion filed with the Clerk. Any non-dispositive motion should
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`contain the statement required by Local Rule 7.1.1.
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`24.
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`Pretrial Conference. On June 10, 2016, the Court will hold a pretrial conference in
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`Court with counsel beginning at 11:30 a.m. Unless otherwise ordered by the Court, the parties
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`should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal
`
`Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the joint proposed final
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`pretrial order with the information required by the form of Revised Final Pretrial Order—Patent,
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`which can be found on the Court's website (www.ded.uscourts.gov), 10 days before the pretrial
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`conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes
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`set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.
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`The parties shall provide the Court two (2) courtesy copies of the joint proposed final
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`pretrial order and all attachments.
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`As noted in the Revised Final Pretrial Order—Patent, the parties shall include in their joint
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`proposed final pretrial order, among other things:
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`a.
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`a request for a specific number of hours for their trial presentations, as well
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`as a requested number of days, based on the assumption that in a typical jury trial
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`day (in which there is not jury selection, jury instruction, or deliberations), there
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`will be 5 1/2 to 6 1/2 hours of trial time, and in a typical bench trial day there will
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`be 6 to 7 hours of trial time;
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`b.
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`their position as to whether the Court should allow objections to efforts to
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`impeach a witness with prior testimony, including objections based on lack of
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`completeness and/or lack of inconsistency;
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 16 of 17 PageID #: 404
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`c.
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`their position as to whether the Court should rule at trial on objections to
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`expert testimony as beyond the scope of prior expert disclosures, taking time from
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`the parties’ trial presentation to argue and decide such objections, or defer ruling
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`on all such objections unless renewed in writing following trial, subject to the
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`proviso that a party prevailing on such a post-trial objection will be entitled to have
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`all of its costs associated with a new trial paid for by the party that elicited the
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`improper expert testimony at the earlier trial; and
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`d.
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`their position as to how to make motions for judgment as a matter of law,
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`whether it be immediately at the appropriate point during trial or at a subsequent
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`break, whether the jury should be in or out of the courtroom, and whether such
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`motions may be supplemented in writing.
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`25. Motions in Limine. Motions in limine shall not be separately filed. All in limine
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`requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall be
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`limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine
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`request and any response shall contain the authorities relied upon; each in limine request may be
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`supported by a maximum of three (3) pages of argument and may be opposed by a maximum of
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`three (3) pages of argument, and the side making the in limine request may add a maximum of
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`one (1) additional page in reply in support of its request. If more than one party is supporting or
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`opposing an in limine request, such support or opposition shall be combined in a single three (3)
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`page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered
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`by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise
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`permitted by the Court.
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`Case 1:14-cv-00142-LPS Document 29 Filed 08/25/14 Page 17 of 17 PageID #: 405
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`26.
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`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried
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`to a jury, pursuant to Local Rules 47 and 51 the parties should file (i) proposed voir dire, (ii)
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`preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3)
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`business days before the final pretrial conference. This submission shall be accompanied by a
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`courtesy copy containing electronic files of these documents, in WordPerfect or Microsoft Word
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`format, which may be submitted by e-mail to Judge Stark’s staff.
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`27.
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`Trial. This matter is scheduled for a 10-day jury trial beginning at 9:00 a.m. on
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`July 11, 2016, with the subsequent trial days beginning at 9:00 a.m. Until the case is submitted to
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`the jury for deliberations, the jury will be excused each day at 4:30 p.m. The trial will be timed, as
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`counsel will be allocated a total number of hours in which to present their respective cases.
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`28.
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`Judgment on Verdict and Post-Trial Status Report. Within seven (7) days after a
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`jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order
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`to enter judgment on the verdict. At the same time, the parties shall submit a joint status report,
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`indicating among other things how the case should proceed and listing any post-trial motions each
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`party intends to file.
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`29.
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`Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES are limited
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`to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply
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`briefs relating to any post-trial motions filed by that side, no matter how many such motions are
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`filed.
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`_________________________________
`UNITED STATES DISTRICT JUDGE
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