Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 1 of 8 PageID #: 570
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SOUND VIEW INNOVATIONS, LLC,
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`C.A. No. 16-116-RGA
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`v.
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`F ACEBOOK, INC.,
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`Defendant.
`~~~~~~~~~~)
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`This \~
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`SCHEDULING ORDER
`day of .) rAJ\f , 2016, the Court having conducted an initial Rule 16(b)
`scheduling conference pursuant to Local Rule 16.l (b ), and the parties having determined after
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`/':"
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`discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation,
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`or binding arbitration;
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`IT IS ORDERED that:
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`1.
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`Rule 26(a)(l) Initial Disclosures. Unless otherwise agreed to by the parties, the
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`parties shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l)
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`within five days of the date of this Order.
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`2.
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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 January 12, 2017.
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`3.
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`Discovery.
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`a.
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`Initial Patent Discovery
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`i.
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`On or before July 1, 2016, the Plaintiff shall specifically identify
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`the accused products they allege infringe and the asserted patent(s) they allege are
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`infringed, and produce the file history for each asserted patent.
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`Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 2 of 8 PageID #: 571
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`ii.
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`On or before July 29, 2016, Defendant shall produce to Plaintiff
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`the core technical documents related to the accused product(s), including but not
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`limited to operation manuals, product literature, schematics, and specifications.
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`iii.
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`On or before August 26, 2016, Plaintiff shall produce to Defendant
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`an initial claim chart setting forth how each accused product allegedly infringes
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`each of the asserted claims each product allegedly infringes. No more than 20
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`total claims shall be asserted by Plaintiff.
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`iv.
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`On or before September 23, 2016, Defendant shall produce to the
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`Plaintiff its initial invalidity contentions for each asserted claim, as well as the
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`related allegedly invalidating references (e.g., publications, manuals, and patents).
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`b.
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`Discovery Cut Off. All fact discovery in this case shall be initiated so that
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`it will be completed on or before June 30, 2017.
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`c.
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`Document Production. Document production shall be substantially
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`complete by January 13, 2017. The parties intend to produce documents on a rolling basis with
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`the intent of producing a significant portion of the document production no later than November
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`4, 2016.
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`d.
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`Requests for Admission. A maximum of 25 requests for admission are
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`permitted for each side. Requests for admission used for authentication of documents shall not
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`count towards this limit. There shall be no limit on requests for admission used to authenticate
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`documents.
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`e.
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`Interrogatories. A maximum of 25 interrogatories, including contention
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`interrogatories, are permitted for each side.
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`f.
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`Depositions.
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`Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 3 of 8 PageID #: 572
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`i.
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`Limitation on Hours for Deposition Discovery. Each side is
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`limited to a total of 70 hours of taking testimony by deposition upon oral examination.
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`Depositions of retained experts do not count against this limitation. The rules of Fed. R. Civ. P.
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`30(d) shall apply, including the time limit of 7 hours for depositions.
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`g.
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`Discovery Matters and Disputes Relating to Protective Orders. Should
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`counsel find they are unable to resolve a discovery matter or a dispute relating to a protective
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`order, the parties involved in the discovery matter or protective order dispute shall contact the
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`Court's C_ase Manager to schedule an in-person conference/argument. Unless otherwise ordered,
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`by no later than forty-eight hours prior to the conference/argument, the party seeking relief shall
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`file with the Court a letter, not to exceed three pages, outlining the issues in dispute and its
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`position on those issues. By no later than twenty-four hours prior to the conference/argument,
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`any party opposing the application for relief may file a letter, not to exceed three pages, outlining
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`that party's reasons for its opposition. Should any document(s) be filed under seal, a courtesy
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`copy of the sealed document(s) must be provided to the Court within one hour of e-filing the
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`document(s).
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`If a discovery-related motion is filed without leave of the Court, it will be denied without
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`prejudice to the moving party's right to bring the dispute to the Court through the discovery
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`matters procedures set forth in this Order.
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`4.
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`Application to Court for Protective Order. Should counsel find it will be
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`necessary to apply to the Court for a protective order specifying terms and conditions for the
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`disclosure of confidential information, counsel should confer and attempt to reach an agreement
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`on a proposed form of order and submit it to the Court within twenty days from the date of this
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`Order.
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`5
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`Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 4 of 8 PageID #: 573
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`Any proposed protective order must include the following paragraph:
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`Other Proceedings. By entering thi~ 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 as confidential 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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`5.
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`Papers Filed Under Seal. When filing papers under seal, counsel shall deliver to
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`the Clerk an original and one copy of the papers. A redacted version of any sealed document
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`shall be filed electronically within seven days of the filing of the sealed document.
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`6.
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`Courtesy Copies. The parties shall provide to the Court two courtesy copies of all
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`briefs and one courtesy copy of any other document filed in support of any briefs (i.e.,
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`appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed
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`under seal.
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`7.
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`Claim Construction Issue Identification. On or before December 1, 2016, the·
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`parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction.
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`On or before December 8, 2016, the parties shall exchange their proposed claim construction of
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`those term(s)/phrase(s). This document will not be filed with the Court. Subsequent to
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`exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart
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`to be filed no later than December 22, 2016. The Joint Claim Construction Chart, in Word or
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`WordPerfect format, shall be e-mailed simultaneously with filing to rga_civil@ded.uscourts.gov.
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`The parties' Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of
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`the claim(s) in issue, and should include each party's proposed construction of the disputed claim
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`language with citation(s) only to the intrinsic evidence in support of their respective proposed
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`constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record
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`Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 5 of 8 PageID #: 574
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`relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission,
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`the parties shall not provide argument.
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`8.
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`Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening
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`brief, not to exceed 20 pages, on January 19, 2017. The Defendant shall serve, but not file, its
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`answering brief, not to exceed 30 pages, on February 2, 2017. The Plaintiff shall serve, but not
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`file, its reply brief, not to exceed 20 pages, on February 16, 2017. The Defendant shall serve,
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`but not file, its sur-reply brief, not to exceed 10 pages, on March 2, 2017. No later than March
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`9, 2017, the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste
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`their unified briefs into one brief, with their positions on each claim term in sequential order, in
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`substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
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`I.
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`II.
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`A.
`1.
`2. .
`3.
`4.
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`B.
`1.
`2.
`3.
`4.
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`Agreed-upon Constructions
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`Disputed Constructions
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`[TERM 1]
`Plaintiffs Opening Position
`Defendant's Answering Position
`Plaintiffs Reply Position
`Defendant's Sur-Reply Position
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`[TERM2]
`Plaintiffs Opening Position
`Defendant's Answering Position
`Plaintiffs Reply Position
`Defendant's Sur-Reply Position
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`Etc. The parties need not include any general summaries of the law relating to claim
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`construction. If there are any materials that would be submitted in an appendix, the parties shall
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`submit them in a Joint Appendix.
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`Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 6 of 8 PageID #: 575
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`9.
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`Hearing on Claim Construction. Beginning at 8:30 a.m. on March 29, 2017, the
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`Court will hear argument on claim construction. Absent prior approval of the Court (which, if it
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`is sought, must be done so by joint letter submission no later than the date on which answering
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`claim construction briefs are due), the parties shall not present testimony at the argument, and the
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`argument shall not exceed a total of three hours.
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`10.
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`Disclosure of Expert Testimony.
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`a.
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`Expert Reports. For the party who has the initial burden of proof on the
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`subject matter, the initial Federal Rule 26( a)(2) disclosure of expert testimony is due on or before
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`July 27, 2017. The supplemental disclosure to contradict or rebut evidence on the same matter
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`identified by another party is due on or before August 31, 2017. Reply expert reports from the
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`party with the initial burden of proof are due on or before September 28, 2017. No other expert
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`reports will be permitted without either the consent of all parties or leave of the Court. Along
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`with the submissions of the expert reports, the parties shall advise of the dates and times of their
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`experts' availability for deposition. Depositions of experts shall be completed on or before
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`November 2, 2017.
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`b.
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`Objections to Expert Testimony. To the extent any objection to expert
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`testimony is made pursuant to the principles announced in Daubert v. Merrell Dow Pharm., Inc.,
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`509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by
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`motion no later than the deadline for dispositive motions set forth herein, unless otherwise
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`ordered by the Court.
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`11.
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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 November 21,
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`5
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`0
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`L
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`Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 7 of 8 PageID #: 576
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`2017. No case dispositive motion under Rule 56 may be filed more than ten days before the
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`above date without leave of the Court.
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`12.
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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. Any non-dispositive motion should contain th_e statement
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`required by Local Rule 7 .1.1.
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`13.
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`Pretrial Conference. On March 2, 2018 at 8:30 a.m., the Court will hold a Rule
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`16(e) final pretrial conference in Court with counsel beginning at 9:00 a.m. The parties shall file
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`a joint proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on
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`the third business day before the date of the final pretrial conference. Unless otherwise ordered
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`by the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the
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`preparation of the proposed joint final pretrial order.
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`14. 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 party shall
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`be limited to three 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 pages of argument and may be opposed by a maximum of
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`three pages of argument, and the party making the in limine request may add a maximum of one
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`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
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`page submission (and, ifthe moving party, a single one page reply). No separate briefing shall be
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`submitted on in limine requests, unless otherwise permitted by the Court.
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`15.
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`Jury Instructions, Vair Dire, and Special Verdict Forms. Where a case is to be
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`tried to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1, the parties should file (i) proposed
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`....
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`Case 1:16-cv-00116-RGA Document 21 Filed 06/13/16 Page 8 of 8 PageID #: 577
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`voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict
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`forms no later than 5 p.m. on the third business day before the date of the final pretrial
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`conference. The parties shall submit simultaneously with filing each of the foregoing four
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`documents in Word or WordPerfect format to rga_civil@ded.uscourts.gov.
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`16.
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`Trial. This matter is scheduled for a~ day trial beginning at 9:30 a.m. on, March
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`12, 2018, with the subsequent trial days beginning at 9:30 a.m. Until the case is submitted to the
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`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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`17.
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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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`5