`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`Defendant.
`
` Case No. 1:17-cv-00868-CFC-SRF
`
`
`UNIVERSITY OF MASSACHUSETTS and
`CARMEL LABORATORIES, LLC,
`
`
`
`
`
`L’ORÉAL USA, INC.,
`
`
`
`
`
`
`[PROPOSED] SCHEDULING ORDER
`
`
`
`
`
`This 18th day of July, 2019, the Court having conducted an initial Rule 16(b)
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`scheduling conference pursuant to Local Rule 16.1(b), and the parties having determined after
`
`discussion that the matter cannot be resolved at this juncture by settlement, voluntary
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`mediation, or binding arbitration:
`
`IT IS ORDERED that:
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`1.
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`Relevant Deadlines and Dates. All relevant deadlines and dates established by this
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`Order are set forth in the chart attached as Exhibit A.
`
`2.
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`Rule 26(a)(1) Initial Disclosures. The parties shall make their initial
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`disclosures required by Federal Rule of Civil Procedure 26(a)(1) on or before July 29, 2019.
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`3.
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`
`
`
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`Disclosure of Asserted Claims and Infringement Contentions.
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`On or before [Plaintiffs’ Proposal: September 20, 2019; Defendant’s
`
`Proposal: October 11, 2019], Plaintiffs shall serve a “Disclosure of Asserted Claims
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`and Infringement Contentions.”
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`Case 1:17-cv-00868-CFC-SRF Document 42 Filed 07/15/19 Page 2 of 21 PageID #: 1332
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`The “Disclosure of Asserted Claims and Infringement Contentions” shall
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`contain the following information:
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`(a)
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`Each claim of each asserted patent that is allegedly infringed by each
`
`opposing party, including for each claim the applicable statutory subsections of 35
`
`U.S.C. §271 asserted;
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`
`
`(b)
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`Separately for each asserted claim, each accused apparatus, product,
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`device, process, method, act, or other instrumentality (“Accused Instrumentality”) of
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`each opposing party of which the party is aware. This identification shall be as specific
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`as possible. Each product, device, and apparatus shall be identified by name or model
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`number, if known. Each method or process shall be identified by name, if known, or by
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`any product, device, or apparatus which, when used, allegedly results in the practice of
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`the claimed method or process;
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`(c)
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`A chart identifying specifically where and how each limitation of each
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`asserted claim is found within each Accused Instrumentality, including for each
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`limitation that such party contends is governed by 35 U.S.C. § 112(f), the identity of
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`the structure(s), act(s), or material(s) in the Accused Instrumentality that performs the
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`claimed function;
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`(d)
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`For each claim alleged to have been indirectly infringed, an
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`identification of any direct infringement and a description of the acts of the alleged
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`indirect infringer that contribute to or are inducing that direct infringement. Insofar as
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`alleged direct infringement is based on joint acts of multiple parties, the role of each
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`such party in the direct infringement must be described;
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`(e)
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`Whether each limitation of each asserted claim is alleged to be
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`2
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`present literally or under the doctrine of equivalents in the Accused Instrumentality;
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`(f)
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`For any patent that claims priority to an earlier application, the
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`priority date to which each asserted claim is alleged to be entitled;
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`(g)
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`If a party claiming patent infringement wishes to preserve the right to
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`rely, for any purpose, on the assertion that its own or its licensee’s apparatus, product,
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`device, process, method, act, or other instrumentality practices the claimed invention,
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`the party shall identify, separately for each asserted claim, each such apparatus, product,
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`device, process, method, act, or other instrumentality that incorporates or reflects that
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`particular claim;
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`(h)
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`The timing of the point of first infringement, the start of claimed
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`damages, and the end of claimed damages; and
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`(i)
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`If a party claiming patent infringement alleges willful infringement,
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`the basis for such allegation.
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`4.
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`Document Production Accompanying Disclosure of Asserted Claims and
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`Infringement Contentions. With the “Disclosure of Asserted Claims and Infringement
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`Contentions,” the party claiming patent infringement shall produce to each opposing party or
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`make available for inspection and copying:
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`(a)
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`Documents (e.g., contracts, purchase orders, invoices, advertisements,
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`marketing materials, offer letters, beta site testing agreements, and third party or joint
`
`development agreements) sufficient to evidence each discussion with, disclosure to, or
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`other manner of providing to a third party, or sale of or offer to sell, or any public use
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`of, the claimed invention prior to the date of application for the asserted patent(s);
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`(b)
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`All documents evidencing the conception, reduction to practice,
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`3
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`design, and development of each claimed invention, which were created on or before
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`the date of application for the asserted patent(s) or the priority date identified pursuant
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`to paragraph 3(f) of this Order, whichever is earlier;
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`(c)
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`(d)
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`A copy of the file history for each asserted patent;
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`All documents evidencing ownership of the patent rights by the
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`party asserting patent infringement;
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`(e)
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`If a party identifies instrumentalities pursuant to paragraph 3(g) of
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`this Order, documents sufficient to show the operation of any aspects or elements of
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`such instrumentalities the patent claimant relies upon as embodying any asserted
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`claims;
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`(f)
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`All agreements, including licenses, transferring an interest in any
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`asserted patent;
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`(g)
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`All agreements that the party asserting infringement contends
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`are comparable to a license that would result from a hypothetical reasonable
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`royalty negotiation;
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`(h)
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`All agreements that otherwise may be used to support the party
`
`asserting infringement’s damages case;
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`(i)
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`If a party identifies instrumentalities pursuant to paragraph 3(g) of this
`
`Order, documents sufficient to show marking of such embodying accused
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`instrumentalities; and if the party wants to preserve the right to recover lost profits
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`based on such products, the sales, revenues, costs, and profits of such embodying
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`accused instrumentalities; and
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`(j)
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`All documents comprising or reflecting a F/RAND commitment
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`4
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`or agreement with respect to the asserted patent(s).
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`The producing party shall separately identify by production number the documents that
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`correspond to each category set forth in this paragraph. A party’s production of a document as
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`required by this paragraph shall not constitute an admission that such document evidences or
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`is prior art under 35 U.S.C. § 102.
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`5.
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`
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`Invalidity Contentions.
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`On or before [Plaintiffs’ Proposal: November 4, 2019; Defendant’s
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`Proposal: November 22, 2019], Defendant shall serve its “Invalidity Contentions” which
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`shall contain the following information:
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`(a)
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`The identity of each item of prior art that the party alleges anticipates
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`each asserted claim or renders the claim obvious. Each prior art patent shall be identified
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`by its number, country of origin, and date of issue. Each prior art publication shall be
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`identified by its title, date of publication, and, where feasible, author and publisher. Each
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`alleged sale or public use shall be identified by specifying the item offered for sale or
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`publicly used or known, the date the offer or use took place or the information became
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`known, and the identity of the person or entity which made the use or which made and
`
`received the offer, or the person or entity which made the information known or to
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`whom it was made known. For pre-AIA claims, prior art under 35 U.S.C. § 102(f) shall
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`be identified by providing the name of the person(s) from whom and the circumstances
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`under which the invention or any part of it was derived. For pre-AIA claims, prior art
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`under 35 U.S.C. § 102(g) shall be identified by providing the identities of the person(s)
`
`or entities involved in and the circumstances surrounding the making of the invention
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`before the patent applicant(s);
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`5
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`(b)
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`Whether each item of prior art anticipates each asserted claim or
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`renders it obvious. If obviousness is alleged, an explanation of why the prior art renders
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`the asserted claim obvious, including an identification of any combinations of prior art
`
`showing obviousness;
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`(c)
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`A chart identifying specifically where and how in each alleged item of
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`prior art each limitation of each asserted claim is found, including for each limitation
`
`that such party contends is governed by 35 U.S.C. § 112(f), the identity of the
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`structure(s), act(s), or material(s) in each item of prior art that performs the claimed
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`function; and
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`(d)
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`Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness
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`under 35 U.S.C. § 112(b), or lack of enablement or insufficient written description
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`under 35 U.S.C. § 112(a) of any of the asserted claims.
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`6.
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`Document Production Accompanying Invalidity Contentions. With the
`
`“Invalidity Contentions,” the party opposing a claim of patent infringement shall produce or
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`make available for inspection and copying:
`
`(a)
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`Source code, specifications, schematics, flow charts, artwork, formulas,
`
`or other documentation sufficient to show the operation of any aspects or elements of an
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`Accused Instrumentality identified by the patent claimant in its chart produced pursuant
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`to paragraph 3(c) of this Order;
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`(b)
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`A copy or sample of the prior art identified pursuant to paragraph 5(a)
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`that does not appear in the file history of the patent(s) at issue. To the extent any such
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`item is not in English, an English translation of the portion(s) relied upon shall be
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`produced;
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`6
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`(c)
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`All agreements that the party opposing infringement contends
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`are comparable to a license that would result from a hypothetical reasonable
`
`royalty negotiation;
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`(d)
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`Documents sufficient to show the sales, revenue, cost, and profits
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`for Accused Instrumentalities identified pursuant to paragraph 3(b) of this Order for
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`any period of alleged infringement; and
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`(e)
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`All agreements that may be used to support the damages case of the
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`party that is denying infringement.
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`The producing party shall separately identify by production number the documents
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`that correspond to each category set forth in this paragraph.
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`7.
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`Amendment to Contentions. Amendment of the Infringement Contentions or the
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`Invalidity Contentions may be made only by order of the Court upon a timely showing of good
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`cause. Non-exhaustive examples of circumstances that may, absent undue prejudice to the non-
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`moving party, support a finding of good cause include (a) recent discovery of material prior art
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`despite earlier diligent search and (b) recent discovery of nonpublic information about the
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`Accused Instrumentality which was not discovered, despite diligent efforts, before the service
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`of the Infringement Contentions. The duty to supplement discovery responses does not excuse
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`the need to obtain leave of the Court to amend contentions.
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`8.
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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 August 23, 2019.
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`9.
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`
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`Discovery.
`(a)
`Discovery Cut Off.
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`
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`All fact discovery in this case shall be initiated so that it will be
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`7
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`completed on or before [Plaintiffs’ Proposal: April 17, 2020; Defendant’s Proposal:
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`October 9, 2020].
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`
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`(b)
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`Document Production.
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`Document production shall be completed on or before [Plaintiffs’
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`Proposal: December 20, 2019; Defendant’s Proposal: July 13, 2020].
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`(c)
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`Requests for Admission. 50 requests for admission are permitted for each
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`side.
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`(d)
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`Interrogatories. 25 interrogatories, including contention interrogatories,
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`are permitted for each side.
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`
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`(e)
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`i.
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`Depositions.
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`Limitation on Hours for Deposition Discovery. Each
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`side is limited to a total of 70 hours of taking testimony by deposition upon oral
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`examination for fact witnesses. Defendant’s Proposal: The 70-hour limitation
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`does not apply to third-party witnesses. Each side is limited to 7 hours of taking
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`testimony by deposition upon oral examination for each expert witness.
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`
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`Plaintiffs’ Proposal: Any translation time required will not
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`count toward the 70-hour time limitation. This limitation does not apply to
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`testimony taken pursuant to Rule 30(b)(6).
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`
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`Defendant’s Proposal: Any translation time required for
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`party fact witnesses shall count against the 70 hour limit.
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`ii.
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`Location of Depositions. The parties will work together in
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`good faith to agree on locations for depositions that are mutually convenient.
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`8
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`Depositions need not be held within the District.
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`10.
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`Pinpoint Citations.
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`Pinpoint citations are required in all briefing, letters, and
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`concise statements of facts. The Court will ignore any assertions of controverted facts and
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`controverted legal principles not supported by a pinpoint citation to, as applicable: the record,
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`an attachment or exhibit, and/or case law or appropriate legal authority. See United States v.
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`Dunkel, 927 F.2d 955, 956 (“Judges are not like pigs, hunting for truffles buried in briefs.”).
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`11.
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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
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`agreement on a proposed form of order and submit it to the Court within ten days from the
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`date of this Order.
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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 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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`
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`
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`12.
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`Disputes Relating to Discovery Matters and Protective Orders. Should
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`counsel find they are unable to resolve a dispute relating to a discovery matter or protective
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`order, the parties shall contact the Court’s Case Manager to schedule an in-person
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`conference/argument.
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`(a)
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`Unless otherwise ordered, by no later than 72 hours prior to the
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`9
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`Case 1:17-cv-00868-CFC-SRF Document 42 Filed 07/15/19 Page 10 of 21 PageID #: 1340
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`conference/argument, the party seeking relief shall file with the Court a letter,
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`not to exceed three pages, outlining the issues in dispute and the party’s
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`position on those issues. The party shall submit as attachments to its letter (1)
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`an averment of counsel that the parties made a reasonable effort to resolve the
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`dispute and that such effort included oral communication that involved
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`Delaware counsel for the parties, and (2) a draft order for the Court’s signature
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`that identifies with specificity the relief sought by the party. The party shall file
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`concurrently with its letter a motion that in no more than one paragraph sets
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`forth the relief sought.
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`(b)
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`By no later than 48 hours prior to the conference/argument, any party
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`opposing the application for relief may file a letter, not to exceed three pages,
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`outlining that party’s reasons for its opposition.
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`(c)
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`Two hard copies of the parties’ letters and attachments must be
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`provided to the Court within one hour of e-filing the document(s). The hard copies shall
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`comply with paragraphs 10 and 14 of this Order.
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`(d)
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`If a motion concerning a discovery matter or protective order is
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`filed without leave of the Court that does not comport with the procedures set forth
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`in this paragraph, the motion will be denied without prejudice to the moving party’s
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`right to bring the dispute to the Court through the procedures set forth in this
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`paragraph.
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`13.
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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 two copies 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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`10
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`14.
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`Hard Copies. The parties shall provide to the Court two hard copies of all
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`letters filed pursuant to paragraph 12 of this Order, all briefs, and any other document filed in
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`support of any such letters and briefs (i.e., the concise statement of facts filed pursuant to
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`paragraph 19 of this Order, appendices, exhibits, declarations, affidavits, etc.). This provision
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`also applies to papers filed under seal. Exhibits and attachments shall be separated by tabs.
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`Each exhibit and attachment shall have page numbers of some sort such that a particular page
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`of an exhibit or attachment can be identified by a page number. The parties shall take all
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`practical measures to avoid filing multiple copies of the same exhibit or attachment. The
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`parties should highlight the text of exhibits and attachments they wish the Court to read. The
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`parties are encouraged to include in an exhibit or attachment only the pages of the document
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`in question that (1) identify the document (e.g., the first page of a deposition transcript or the
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`cover page of a request for discovery) and (2) are relevant to the issue(s) before the Court.
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`15.
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`Claim Construction Issue Identification.
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`
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`On or before [Plaintiffs’ Proposal: November 15, 2019; Defendant’s
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`Proposal: February 21, 2020], the parties shall exchange a list of those claim
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`term(s)/phrase(s) that they believe need construction and their proposed claim
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`construction of those term(s)/phrase(s). This document will not be filed with the Court.
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`Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint
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`Claim Construction Chart to be filed no later than [Plaintiffs’ Proposal: November 29,
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`2019; Defendant’s Proposal: March 27, 2020].
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`The Joint Claim Construction Chart, in Word format, shall be e-mailed
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`simultaneously with filing to cfc_civil@ded.uscourts.gov. The text for the Joint Claim
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`Construction Chart shall be 14-point and in Times New Roman or a similar typeface. The
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`11
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`parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the
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`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 separate text- searchable PDF of each of the patent(s) in issue shall be
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`submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not
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`provide argument. Each party shall file concurrently with the Joint Claim Construction Chart a
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`“Motion for Claim Construction” that requests the Court to adopt the claim construction
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`position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not
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`contain any argument and shall simply state that the party “requests that the Court adopt the
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`claim construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.I.
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`[ ]).”
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`16.
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`Claim Construction Briefing.
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`
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`The Plaintiffs shall serve, but not file, their opening brief, not to exceed 5,500
`
`words, on [Plaintiffs’ Proposal: December 20, 2019; Defendant’s Proposal: April 8, 2020].
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`The Defendant shall serve, but not file, its answering brief, not to exceed 8,250 words, on
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`[Plaintiffs’ Proposal: January 10, 2020; Defendant’s Proposal: May 20, 2020]. The
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`Plaintiffs shall serve, but not file, their reply brief, not to exceed 5,500 words, on [Plaintiffs’
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`Proposal: January 17, 2020; Defendant’s Proposal: June 3, 2020]. The Defendant shall
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`serve, but not file, its sur-reply brief, not to exceed 2,750 words, on [Plaintiff’s Proposal:
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`January 24, 2020; Defendant’s Proposal: June 17, 2020].
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`The text for each brief shall be 14-point and in Times New Roman or a similar
`
`typeface. Each brief must include a certification by counsel that the brief complies with the
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`type and number limitations set forth above. The person who prepares the certification may
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`12
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`rely on the word count of the word-processing system used to prepare the brief.
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`No later than [Plaintiffs’ Proposal: January 31, 2020; Defendant’s Proposal: June
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`24, 2020], the parties shall file a Joint Claim Construction Brief.
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`The parties shall copy and paste their untitled briefs into one brief, with their positions
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`on each claim term in sequential order, in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
`
`I.
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`II.
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`Agreed-upon Constructions
`
`Disputed Constructions
`
`A.
`
`[TERM 1]
`
`1.
`2.
`3.
`4.
`
`Plaintiff’s Opening Position
`Defendant’s Answering Position
`Plaintiff’s Reply Position
`Defendant’s Sur-Reply Position
`
`B.
`
`[TERM 2]
`
`1.
`2.
`3.
`4.
`
`Plaintiff’s Opening Position
`Defendant’s Answering Position
`Plaintiff’s Reply Position
`Defendant’s Sur-Reply Position
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`
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`
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`
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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
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`shall submit them in a Joint Appendix. Citations to intrinsic evidence shall be set forth in the
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`Joint Claim Construction Brief. Citations to expert declarations and other extrinsic evidence
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`may be made in the Joint Claim Construction Brief as the parties deem necessary, but the
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`Court will review such extrinsic evidence only if the Court is unable to construe the disputed
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`claim terms based on the intrinsic evidence. See Vitronics Corp. v. Conceptronic, Inc., 90
`
`F.3d 1576, 1584 (Fed. Cir. 1996). Declarations shall not contain legal argument or be used to
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`13
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`Case 1:17-cv-00868-CFC-SRF Document 42 Filed 07/15/19 Page 14 of 21 PageID #: 1344
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`circumvent the briefing word limitations imposed by this paragraph. The Joint Claim
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`Construction Brief and Joint Appendix shall comply with paragraphs 10 and 14 of this Order.
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`17.
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`Hearing on Claim Construction.
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`
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`Beginning at 9:00 a.m. on [Plaintiffs’ Proposal: February 27, 2020;
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`Defendant’s Proposal: July 17, 2020], the Court will hear argument on claim construction.
`
`
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`Absent prior approval of the Court (which, if it is sought, must be done by
`
`joint letter submission no later than the date on which answering claim construction briefs are
`
`due to be served), the parties shall not present testimony at the argument, and the argument
`
`shall not exceed a total of three hours.
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`18.
`
`Disclosure of Expert Testimony.
`
`
`
`(a)
`
`Expert Reports.
`
`
`
`For the party with the initial burden of proof on the subject matter,
`
`the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before
`
`[Plaintiffs’ Proposal: May 8, 2020; Defendant’s Proposal: October 16, 2020].
`
`The supplemental disclosure to contradict or rebut evidence on the same matter
`
`identified by another party is due on or before [Plaintiffs’ Proposal: June 5, 2020;
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`Defendant’s Proposal: November 20, 2020]. Reply expert reports from the party
`
`with the initial burden of proof are due on or before [Plaintiffs’ Proposal: June 19,
`
`2020; Defendant’s Proposal: December 11, 2020].
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`No other expert reports will be permitted without either the consent of all
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`parties or leave of the Court. No more than four expert reports per side will be
`
`permitted, but the parties agree to work together in good faith to revisit this limit if
`
`necessary. Along with the submissions of the expert reports, the parties shall provide
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`14
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`the dates and times of their experts’ availability for deposition.
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`Depositions of experts shall be completed on or before [Plaintiffs’
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`Proposal: July 10, 2020; Defendant’s Proposal: January 18, 2021].
`
`(b)
`
`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
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`Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of
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`Evidence 702, it shall be made by motion no later than the deadline for dispositive
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`motions set forth herein, unless otherwise ordered by the Court.
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`19.
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`Case Dispositive Motions.
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`
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`(a)
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`No early motions without leave.
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`
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`All case dispositive motions, an opening brief, and affidavits, if any,
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`in support of the motion shall be served and filed on or before [Plaintiffs’ Proposal:
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`July 31, 2020; Defendant’s Proposal: February 22, 2021]. All oppositions shall be
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`served and filed on or before [Plaintiffs’ Proposal: August 21, 2020; Defendant’s
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`Proposal: March 15, 2021]. All replies shall be served and filed on or before
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`[Plaintiffs’ Proposal: September 4, 2020; Defendant’s Proposal: April 5, 2021].
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`
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`No case dispositive motion under Rule 56 may be filed more than ten
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`days before the above date without leave of the Court.
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`(b)
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`Motions to be Filed Separately. A party shall not combine multiple
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`motions seeking separate and distinct relief into a single motion.
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`(c)
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`Word limits combined with Daubert motion word limits. Each party is
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`permitted to file as many case dispositive motions as desired; provided, however, that
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`each SIDE will be limited to a combined total of 10,000 words for all opening briefs, a
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`combined total of 10,000 words for all answering briefs, and a combined total of 5,000
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`words for all reply briefs regardless of the number of case dispositive motions that are
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`filed. In the event that a party files, in addition to a case dispositive motion, a Daubert
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`motion to exclude or preclude all or any portion of an expert’s testimony, the total
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`amount of words permitted for all case dispositive and Daubert motions shall be
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`increased for each SIDE to 12,500 words for all opening briefs, 12,500 words for all
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`answering briefs, and 6,250 words for all reply briefs. The text for each brief shall be
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`14- point and in Times New Roman or a similar typeface. Each brief must include a
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`certification by counsel that the brief complies with the type and number limitations set
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`forth above. The person who prepares the certification may rely on the word count of
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`the word-processing system used to prepare the brief.
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`(d)
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`Concise Statement of Facts Requirement. Any motion for summary
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`judgment shall be accompanied by a separate concise statement detailing each material
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`fact as to which the moving party contends that there are no genuine issues to be tried
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`that are essential for the Court’s determination of the summary judgment motion (not
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`the entire case).1 Any party who opposes the motion shall file and serve with its
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`opposing papers a separate document containing a single concise statement that admits
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`or disputes the facts set forth in the moving party’s concise statement, as well as sets
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`forth all material facts as to which it is contended there exists a genuine issue necessary
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`to be litigated.
`
`
`1 A party does not satisfy the requirements of this paragraph by stating that an accused
`instrumentality infringes an asserted claim or asserted claim limitation. The party must detail
`each material fact in its concise statement of facts. The concise statements of facts play an
`important gatekeeping role in the Court’s consideration of summary judgment motions.
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`(e)
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`Focus of the Concise Statement. When preparing the separate concise
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`statement, a party shall reference only the material facts that are absolutely necessary
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`for the Court to determine the limited issues presented in the motion for summary
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`judgment (and no others), and each reference shall contain a citation to a particular
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`affidavit, deposition, or other document that supports the party’s interpretation of the
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`material fact. Documents referenced in the concise statement may, but need not, be
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`filed in their entirety if a party concludes that the full context would be helpful to the
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`Court (e.g., a deposition miniscript with an index stating what pages may contain key
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`words may often be useful). The concise statement shall particularly identify the page
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`and portion of the page of the document referenced. The document referred to shall
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`have relevant portions highlighted or otherwise emphasized. The parties may extract
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`and highlight the relevant portions of each referenced document, but they shall ensure
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`that enough of a document is attached to put the matter in context. If a party determines
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`that an entire deposition transcript should be submitted, the party should consider
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`whether a miniscript would be preferable to a full-size transcript. If an entire miniscript
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`is submitted, the index of terms appearing in the transcript must be included, if it exists.
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`When multiple pages from a single document are submitted, the pages shall be grouped
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`in a single exhibit. Concise statements of fact shall comply with paragraphs 10 and 14
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`of this Order.
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`(f)
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`Word Limits for Concise Statement. The concise statement in support
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`of or in opposition to a motion for summary judgment shall be no longer than 1,750
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`words. The text for each statement shall be 14-point and in Times New Roman or a
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`similar typeface. Each statement must include a certification by counsel that the
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`statement complies with the type and number limitations set forth above. The person
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`who prepares the certification may rely on the word count of the word-processing
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`system used to prepare the statement.
`
`(g)
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`Affidavits and declarations. Affidavits or declarations setting forth
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`facts and/or authenticating exhibits, as well as exhibits themselves, shall be attached
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`only to the concise statement (i.e., not briefs).
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`(h)
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`Scope of Judicial Review. When resolving motions for summary
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`judgment, the Court shall have no independent duty to search and consider any part of
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`the record not otherwise referenced in the separate concise statements of the parties.
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`Further, the Court shall have no independent duty to review exhibits in their entirety, but
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`rather will review only those portions of the exhibits specifically identified in the
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`concise statements. Material facts set forth in the moving party’s concise statement will
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`be deemed admitted unless controverted by a separate concise statement of the opposing
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`party.
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`20.
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`Applications by Motion. Except as otherwise specified herein, any application
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`to the Court shall be by written motion. Any non-dispositive motion should contain the statement
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`required by Local Rule 7.1.1.
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`21.
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`Pretrial Conference.
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`
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`On [Plaintiffs’ Proposal: November 30, 2020; Defendant’s Proposal:
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`September 2, 2021], the Court will hold a Rule 16(e) final pretrial conference in court with
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`counsel beginning at 1:00 p.m. The parties shall file a joint proposed final pretrial order in
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`compliance with Local Rule 16.3(c) no later than 5:00 p.m. on [Plaintiffs’ Proposal: November
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`20, 2020; Defendant’s Proposal: August 24, 2021].
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`Case 1:17-cv-00868-CFC-SRF