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`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ELM 3DS INNOVATIONS, LLC,
`
`
`
`Plaintiff,
`
`
`v.
`SAMSUNG ELECTRONICS CO., LTD.., et al.,
`
`
`
`Defendants.
`
`
`
`
`C.A. No. 14-cv-1430-LPS
`
`JURY TRIAL DEMANDED
`
`
`
`STIPULATION TO AMEND SCHEDULING ORDER
`
`WHEREAS, the Court entered Amended Scheduling Orders on May 9, 2018 (D.I. 176),
`
`January 15, 2020 (Docket Text Order), March 26, 2020 (Docket Text Order), July 16, 2020 (D.I.
`
`316), October 7, 2020 (Docket Text Order), January 7, 2021 (id., Docket Text Order), and July 22,
`
`2021 (Docket Text Order);
`
`WHEREAS, the parties have not yet completed fact discovery in this case;
`
`NOW THEREFORE, the parties hereby stipulate and agree, subject to the approval of the Court,
`
`to amend the scheduling order as follows:
`
`
`
`
`
`
`
`
`
`Case 1:14-cv-01430-LPS Document 445 Filed 12/23/21 Page 2 of 4 PageID #: 26709
`
`
`
`Event
`
`Samsung to substantially complete
`discovery on representative products,
`including document production,
`production of samples, and interrogatory
`supplementation.
`
`Elm’s deadline to serve interrogatories and
`Rule 30(b)(6) deposition notices relating to
`Samsung’s representative products (the
`parties’ respective deadlines to serve
`interrogatories and Rule 30(b)(6) deposition
`notices for all other issues in the Samsung
`case and for all issues in the Micron case
`have passed)
`
`Current Deadline
`
`Extended Deadline
`
`9/15/2021
`
`2/18/2022
`
`10/7/2021
`
`3/14/2022
`
`Elm’s deadline to serve fact-deposition
`notices on Samsung
`
`10/7/2021
`
`12/10/2021
`
`5/20/2022
`
`12/22/2021
`
`6/3/2022
`
`3/14/2022
`
`4/14/2022
`
`5/3/2022
`
`6/17/2022
`
`7/8/2022
`
`8/12/2022
`
`9/2/2022
`
`9/16/2022
`
`10/21/2022
`
`Fact discovery closes
`
`Elm elects no more than 36 total claims
`and provide final infringement
`contentions
`
`Defendants’ responses to contention
`interrogatories related to infringement
`
`Defendants elect no more than 36 prior
`art references and provide final invalidity
`contentions
`
`Elm’s responses to contention
`interrogatories related to invalidity
`
`Opening expert reports
`
`Responsive expert reports
`
`Expert discovery closes
`
`11/5/2021
`
`11/23/2021
`
`1/7/2022
`
`1/21/2022
`
`2/18/2022
`
`3/11/2022
`
`Case dispositive and Daubert motions
`
`3/25/2022
`
`Responses to case dispositive and
`Daubert motions
`
`4/29/2022
`
`
`
`2
`
`
`
`Case 1:14-cv-01430-LPS Document 445 Filed 12/23/21 Page 3 of 4 PageID #: 26710
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`
`
`
`
`
`
`
`
`Event
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`Current Deadline
`
`Extended Deadline
`
`Replies to case dispositive and Daubert
`motions
`
`5/11/2022
`
`11/2/2022
`
`TBD
`
`TBD
`
`Hearing on pending dispositive and
`Daubert motions
`
`Rule 16 Conference
`
`Deadline for Elm to provide a draft
`pretrial order to all other parties
`
`TBD
`
`TBD
`
`30 days before the pretrial
`order is to be filed with the
`Court
`
`No Change
`
`Deadline for all other parties to provide
`Elm and each other party with their
`responses to Elm’s draft order
`
`14 days before the pretrial
`order is to be filed with the
`Court
`
`No Change
`
`TBD
`
`TBD
`
`7 days after each jury
`verdict
`
`TBD
`
`TBD
`
`No Change
`
`Pretrial conference
`
`Jury trial
`
`Deadline for the parties to jointly submit
`a form of order to enter judgment on the
`verdict and to submit a joint status
`report (should they wish to file one),
`indicating among other things how the
`case should proceed and listing any post-
`trial motions each party intends to file
`
`3
`
`
`
`Case 1:14-cv-01430-LPS Document 445 Filed 12/23/21 Page 4 of 4 PageID #: 26711
`
`
`
`December 23, 2021
`
`
`/s/Michael J. Farnan
`Brian E. Farnan (#4089)
`Michael J. Farnan (#5165)
`FARNAN LLP
`919 North Market Street
`12th Floor
`Wilmington, DE 19801
`Tel: (302) 777-0300
`Fax: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`Attorneys for Plaintiff Elm 3DS
`Innovations, LLC
`
`
`
`
`
`
`
`
`
`
`IT IS SO ORDERED
`
`
`
`
`
`Date:
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Adam W. Poff
`Adam W. Poff (#3990)
`Pilar G. Kraman (#5199)
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`Telephone: (302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
`
`Attorneys for Defendants Samsung Electronics Co.,
`Ltd., Samsung Semiconductor, Inc., Samsung
`Electronics America, Inc., and Samsung Austin
`Semiconductor, LLC
`
`
`
`
`
`
`
`
`
`
`
`The Honorable Leonard P. Stark
`
`
`
`4
`
`
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