Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 1 of 18 PageID #: 1243
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`RAVGEN, INC.,
`
`Plaintiff,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`ILLUMINA, INC. and VERINATA HEALTH,
`INC.,
`
`C.A. No. 20-01644-RGA-JLH
`
`JURY TRIAL DEMANDED
`
`
`
`Defendants.
`
`RAVGEN, INC.,
`
`Plaintiff,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`ARIOSA DIAGNOSTICS, INC., ROCHE
`SEQUENCING SOLUTIONS, INC., ROCHE
`MOLECULAR SYSTEMS, INC., and
`FOUNDATION MEDICINE, INC.,
`
`C.A. No. 20-01646-RGA-JLH
`
`JURY TRIAL DEMANDED
`
`
`
`Defendants.
`
`RAVGEN, INC.,
`
`Plaintiff,
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`MYRIAD GENETICS, INC. and MYRIAD
`WOMEN’S HEALTH, INC.,
`
`
`
`Defendants.
`
`C.A. No. 20-01730-RGA-JLH
`
`JURY TRIAL DEMANDED
`
`

`

`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 2 of 18 PageID #: 1244
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`RAVGEN, INC.,
`
`Plaintiff,
`
`v.
`
`PROGENITY, INC.,
`
`C.A. No. 20-01734-RGA-JLH
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`JOINT PROPOSED SCHEDULING ORDER
`
`May
`19th
`21
`This ___ day of _________________, 20___, the Court having conducted an initial
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`scheduling conference pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16.1(b),
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`and the parties having determined after discussion that these matters cannot be resolved at this
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`juncture by settlement, voluntary mediation, or binding arbitration;
`
`IT IS HEREBY ORDERED that:
`
`1.
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`Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. Unless
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`otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
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`Federal Rule of Civil Procedure 26(a)(l) by April 30, 2021. If they have not already done so, the
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`parties are to review the Court’s Default Standard for Discovery, Including Discovery of
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`Electronically
`
`Stored
`
`Information
`
`(‘‘ESI”),
`
`which
`
`is
`
`posted
`
`at
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`https://www.ded.uscourts.gov/default-standard-discovery and is currently incorporated herein by
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`reference.1 The parties in each of the above-captioned cases recognize that they may deviate from
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`1 The parties shall also make their Initial Disclosures pursuant to Section 3 of the Court’s Default
`Standard Including Discovery of Electronically Stored Information (‘‘ESI”) by April 30, 2021.
`
`2
`
`

`

`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 3 of 18 PageID #: 1245
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`the Court’s Default Standard for Discovery, Including Discovery of Electronically Stored
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`Information upon agreement of the parties in each of the above-captioned cases.2
`
`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 July 26, 2022.
`
`3.
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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 in one or more of the above-captioned actions specifying
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`terms and conditions for the disclosure of confidential information, counsel should confer and
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`attempt to reach an agreement on a proposed form of order and submit it to the Court within
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`30 days from the date the Court enters this Order. Should counsel be unable to reach an agreement
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`on a proposed form of order, counsel must follow the provisions of Paragraph 8(g) 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,” 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.
`
`4.
`
`Papers and Proceedings Under Seal. In accordance with section G of the Revised
`
`Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version
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`of any sealed document shall be filed electronically within seven days of the filing of the sealed
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`document.
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`2 In view of the reexamination and currently pending petitions for inter partes review of the
`patents at issue in this case, Defendants may move for a stay pending reexamination and/or inter
`partes review at an appropriate time.
`
`3
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 4 of 18 PageID #: 1246
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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 any 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 disclosures 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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`5.
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`Courtesy Copies. The parties shall provide to the Court two courtesy copies of all
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`briefs and 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. All courtesy copies shall be
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`double-sided.
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`6.
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`ADR Process. Having discussed the ADR process during the scheduling
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`conference, the Court will schedule one or more teleconferences to discuss ADR with the parties
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`during the pendency of these cases.
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`7.
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`Disclosures. Absent agreement among the parties, and approval of the Court:
`
`(a)
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`By April 30, 2021, Plaintiff3 shall identify in each above-captioned case the
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`accused product(s), 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 also produce the
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`file history for each asserted patent.
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`3 For purposes of this Scheduling Order, Plaintiff and Defendant are defined as set forth in the
`Default Standard for Discovery, Including Discovery of Electronically Stored Information
`(“ESI”), 4.
`
`4
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 5 of 18 PageID #: 1247
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`(b)
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`By June 4, 2021, Defendants in each above-captioned case shall produce
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`core technical documents related to the accused product(s), sufficient to show how the accused
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`product(s) work(s), including but not limited to non-publicly available operation manuals, product
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`literature, schematics, and specifications. Defendants shall also produce sales figures for the
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`accused product(s).
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`(c)
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`By July 16, 2021, Plaintiff shall produce in each above-captioned case an
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`initial claim chart relating each known accused product to the asserted claims each such product
`
`allegedly infringes.
`
`(d)
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`By August 20, 2021, Defendants in each above-captioned case shall
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`produce its initial invalidity contentions for each asserted claim, as well as the known related
`
`invalidating references. The parties shall meet and confer and submit a proposal to the Court
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`regarding narrowing the asserted claims and prior art after the parties have served their initial
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`patent disclosures pursuant to this Paragraph 7 and prior to the date the parties exchanged proposed
`
`claim terms for construction.
`
`(e)
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`By the later of June 30, 2022, or 21 days following issuance of the claim
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`construction order, Plaintiff shall provide final infringement contentions in each above-captioned
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`case.
`
`(f)
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`By the later of July 21, 2022, or 42 days following issuance of the claim
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`construction order, Defendants in each above-captioned case shall provide final invalidity
`
`contentions.
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`8.
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`Discovery. Unless otherwise ordered by the Court or agreed to by the parties, the
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`limitations on discovery set forth in the Federal Rules and Local Rule 26.1 shall be observed in
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`each of the above-captioned actions.
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`
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`5
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 6 of 18 PageID #: 1248
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`(a)
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`Discovery Cut Off. All fact discovery in these actions shall be initiated so
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`that it will be completed on or before August 16, 2022. All expert discovery in these actions shall
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`be initiated so that it will be completed on or before February 9, 2023.
`
`(b)
`
`Document Production. Document production shall be substantially
`
`complete by February 15, 2022, for requests for production served by November 5, 2021.
`
`(c)
`
`Requests for Admission. A maximum of 50 requests for admission are
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`permitted for each side in each case. Requests for admission solely for the purposes of
`
`authenticating a document or establishing that a document falls within a hearsay exclusion or
`
`exception shall not count towards the limit
`
`(d)
`
`Interrogatories.
`
`i.
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`Defendants are permitted a maximum of 20 common interrogatories
`
`plus 5 individual interrogatories per Defendant, including contention interrogatories, in each
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`above-captioned case. Plaintiff is permitted a maximum of 20 common interrogatories plus 5
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`individual interrogatories per Defendant, including contention interrogatories, in each above-
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`captioned case. Each side in each above-captioned case shall not exceed 30 total interrogatories.
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`Each party must answer each common interrogatory served by an opposing side.
`
`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 parties, contention
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`interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
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`of all interrogatory answers 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).
`
`(e)
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`Depositions. The parties in all above-captioned cases shall meet and confer
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`on limits for deposition discovery, including locations for depositions, and submit a joint status
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`
`
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`6
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 7 of 18 PageID #: 1249
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`letter outlining such limitations no later than April 5, 2022. If there are disagreements among the
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`parties regarding deposition limitations, the Court will resolve any disputes at the conclusion of
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`the Markman hearing on April 12, 2022.
`
`(f)
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`Disclosure of Expert Testimony.
`
`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 testimony is due on or
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`before October 3, 2022. The supplemental disclosure to contradict or rebut evidence on the same
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`matter identified by another party is due on or before November 17, 2022. Reply expert reports
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`from the party with the initial burden of proof are due on or before December 15, 2022. No other
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`expert reports will be permitted without either the consent of all parties or leave of the Court.
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`Along with the submissions of the expert reports, the parties shall advise of the dates and times of
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`their experts’ availability for deposition.
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`ii.
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`Expert Report Supplementation. The parties agree that they will not
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`permit expert declarations to be filed in connection with dispositive motion briefing unless by
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`order of the Court for good cause shown.
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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. Merrell Dow
`
`Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it
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`shall be made by motion no later than the deadline for dispositive motions set forth herein, unless
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`otherwise ordered by the 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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`
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`7
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 8 of 18 PageID #: 1250
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`(g)
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`Discovery Matters and Disputes Relating to Protective Orders.
`
`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 these procedures.
`
`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 dispute - that they are
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`unable to resolve a discovery matter or a dispute regarding a protective order, the moving party
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`(i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve
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`[Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in
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`Magistrate Judge Hall’s section of the Court’s website, in the “Forms” tab.
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`iii.
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`The Court will thereafter order a discovery telephone conference
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`and deadlines for submissions. On the date set by court order, generally not less than seventy-two
`
`hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file
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`with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on
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`those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting
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`out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to
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`certain discovery requests, an attached exhibit (or exhibits) containing the requests and the
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`responses in dispute. On the date set by court order, generally not less than forty-eight hours prior
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`to the conference (excluding weekends and holidays), any party opposing the application for relief
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`may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
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`iv.
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`Each party shall submit two courtesy copies of its letter and any
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`other document filed in support to the Clerk’s Office within one hour of e-filing. All courtesy
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`copies shall be double-sided.
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`
`
`
`8
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 9 of 18 PageID #: 1251
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`v.
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`Should the Court find further briefing necessary upon conclusion of
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`the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute
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`prior to the conference and cancel the conference.
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`9.
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`Motions to Amend / Motions to Strike.
`
`(a)
`
`Any motion to amend (including a motion for leave to amend) a pleading
`
`or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set
`
`forth in Paragraph 8(g), above.
`
`(b)
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`Any motion to amend shall attach the proposed amended pleading as well
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`as a “blackline” comparison to the prior pleading. Any motion to strike shall attach the document
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`sought to be stricken.
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`10.
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`Technology Tutorials. Although technology tutorials are not required by the Court,
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`they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or
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`before the date that the Joint Claim Construction Brief is filed.
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`11.
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`Claim Construction Issue Identification. On September 1, 2021, the parties in each
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`above-captioned case shall exchange a list of those claim term(s)/phrase(s) that they believe need
`
`construction. On October 1, 2021, the parties in each above-captioned case shall exchange 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 in all above-captioned cases will meet and
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`confer to prepare a Joint Claim Construction Chart to be filed on October 29, 2021. The parties’
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`Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s)
`
`in issue, and should include each party’s proposed construction of the disputed claim language
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`with citation(s) only to the intrinsic evidence in support of their respective proposed constructions.
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`A copy of the patent(s) in issue as well as those portions of the intrinsic record relied upon shall
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`9
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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 10 of 18 PageID #: 1252
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`be submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall
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`not provide argument.
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`12.
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`Claim Construction Briefing.4 The Plaintiff shall serve, but not file, its opening
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`brief on December 3, 2021. The Defendants shall serve, but not file, their answering brief on
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`January 14, 2022. The Plaintiff shall serve, but not file, its reply brief on February 4, 2022. The
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`Defendants shall serve, but not file, their sur-reply brief on February 25, 2022. No later than
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`March 3, 2022, the parties shall file a Joint Claim Construction Brief. The parties shall copy and
`
`paste their unfiled briefs into one brief, with their positions on each claim term in sequential order,
`
`in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
`
`I.
`
`Agreed-Upon Constructions
`
`II.
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`Disputed Constructions
`
`[TERM 1]
`
`1.
`
`2.
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`3.
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`4.
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`Plaintiff’s Opening Position
`
`Defendants’ Answering Position
`
`Plaintiff’s Reply Position
`
`Defendants’ Sur-Reply Position
`
`[TERM 2]
`
`1.
`
`Plaintiff’s Opening Position
`
`
`4 Prior to submission of the Joint Claim Construction Chart to the Court, all parties shall meet and
`confer to determine claim construction briefing structure and limitations. The parties shall submit
`a joint status letter on October 29, 2021 providing the parties’ proposals for how many terms will
`be construed and the page limits for briefing to the Court for its approval. If there are
`disagreements among the parties regarding Markman briefing, the Court will hold a teleconference
`on November 5, 2021 to resolve any disputes.
`
`
`
`
`
`10
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 11 of 18 PageID #: 1253
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`2.
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`3.
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`4.
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`Defendants’ Answering Position
`
`Plaintiff’s Reply Position
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`Defendants’ Sur-Reply Position
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`The parties need not include any general summaries of the law relating to claim construction. If
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`there are any materials that would be submitted in an index, the parties shall submit them in a Joint
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`Appendix.
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`13.
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`Hearing on Claim Construction. Beginning at 1:00 p.m. on April 12, 2022, the
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`Court will hear argument on claim construction. The parties need not include any general
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`summaries of the law relating to claim construction in their presentations to the Court. The parties
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`shall notify the Court, by joint letter submission, no later than the date on which their joint claim
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`construction brief is filed (i) whether they request leave to present testimony at the hearing; and
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`(ii) the amount of time they 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
`
`orders of the Court, the parties should anticipate that the Court will issue its claim construction
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`order within sixty days of the conclusion of the claim construction hearing. If the Court is unable
`
`to meet this goal, it will advise the parties no later than sixty days after the conclusion of the claim
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`construction hearing. Objections to the report and recommendation are due no later than 21 days
`
`following its issuance.
`
`No later than one month before the service of Opening Expert Reports, the parties shall
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`meet and confer and submit a proposal to the Court regarding further narrowing the asserted claims
`
`and prior art.
`
`14.
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`Supplementation. Absent agreement among the parties, and approval of the Court,
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`no later than the latter of June 23, 2022, or 14 days following issuance of the claim construction
`
`
`
`
`11
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 12 of 18 PageID #: 1254
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`order, Plaintiff must finally supplement, inter alia, the identification of all accused products,
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`Defendants must supplement, inter alia, the identification of all invalidity references.
`
`15.
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`Interim Status Report. On March 15, 2022, counsel shall submit a joint letter to the
`
`Court with an interim report on the nature of the matters in issue and the progress of discovery to
`
`date. Thereafter, if the Court deems it necessary, it will schedule a status conference.
`
`16.
`
`Case Dispositive Motions.
`
`(a)
`
`All case dispositive motions, an opening brief, and affidavits, if any, in support of
`
`the motion shall be served and filed on or before March 9, 2023; answering briefs and affidavits,
`
`if any, in opposition to such motions shall be served and filed on or before April 6, 2023; and
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`reply briefs in support of such motions shall be served and filed on or before April 20, 2023.
`
`Briefing will be presented pursuant to the Court’s Local Rules. No case dispositive motion under
`
`Rule 56 may be filed more than ten days before the above date without leave of the Court.
`
`(b)
`
`Concise Statement of Facts Requirement. Any motion for summary
`
`judgment shall be accompanied by a separate concise statement, not to exceed six pages, which
`
`details each material fact that the moving party contends is essential for the Court’s resolution of
`
`the summary judgment motion (not the entire case) and as to which the moving party contends
`
`there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph
`
`and shall be supported by specific citation(s) to the record.
`
`Any party opposing the motion shall include with its opposing papers a response to
`
`the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts
`
`set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent
`
`a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
`
`Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate
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`12
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 13 of 18 PageID #: 1255
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`that fact is not in dispute for purposes of summary judgment. The party opposing the motion may
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`also include with its opposing papers a separate concise statement, not to exceed four pages, which
`
`sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
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`Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph
`
`and shall be supported by specific citation(s) to the record.
`
`(c)
`
`The moving party shall include with its reply papers a response to the
`
`opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph
`
`basis.
`
`(d)
`
`Page limits combined with Daubert motion page limits. The parties shall
`
`meet and confer regarding page limits for dispositive and Daubert motions. The parties shall
`
`submit a joint status letter on February 9, 2023 providing the parties’ proposals for the page limits.
`
`If there are disagreements among the parties, the Court will hold a teleconference to resolve any
`
`disputes.
`
`(e)
`
`Hearing. The Court will hear argument on all pending case dispositive and
`
`Daubert motions on May 5, 2023 beginning at 1:00 pm. Unless otherwise ordered by the Court,
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`each side will be allocated a total of forty-five minutes to present its argument on all pending
`
`motions. Objections to the report and recommendation are due no later than 14 days following its
`
`issuance.
`
`(f)
`
`Trial Date Scheduling Conference. Beginning at 1:00 p.m. on March 2,
`
`2023, the Court will hold a scheduling conference with the parties and the Court will determine
`
`the order in which each of the above-captioned cases will respectively proceed to trial and set the
`
`dates on which each trial will be conducted. The parties shall file a joint status letter on February
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`13
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`23, 2023 indicating the parties’ positons regarding which of the above-captioned cases will need
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`trial dates and the order in which the cases should be tried.
`
`17.
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`Applications by Motion. Except as otherwise specified herein, any application to
`
`the Court shall be by written motion. Any non-dispositive motion should contain the statement
`
`required by Local Rule 7.1.1.
`
`18.
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`Pretrial Conference. On August 25, 2023, the Court will hold a Rule 16(e) final
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`pretrial conference in Court with counsel beginning at 9:00 a.m. The parties in each above-
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`captioned case shall file a joint proposed final pretrial order in compliance with Local Rule 16.3(c)
`
`no later than 5 p.m. on the fourth business day before the date of the final pretrial conference.
`
`Unless otherwise ordered by the Court, the parties shall comply with the timeframes set forth in
`
`Local Rule 16.3(d) for the preparation of the proposed joint final pretrial order.
`
`19. Motions in Limine. Motions in limine shall be separately filed, with each motion
`
`containing all the argument described below in one filing for each motion. Any supporting
`
`documents in connection with a motion in limine shall be filed in one filing separate from the
`
`motion in limine. Each side in each above-captioned case shall be limited to three in limine
`
`requests, unless otherwise permitted by the Court. The in limine request and any response shall
`
`contain the authorities relied upon; each in limine request may be supported by a maximum of
`
`three pages of argument and may be opposed by a maximum of three pages of argument, and the
`
`party making the in limine request may add a maximum of one additional page in reply in support
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`of its request. If more than one party is supporting or opposing an in limine request, such support
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`or opposition shall be combined in a single three page submission (and, if the moving party, a
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`single one page reply). No separate briefing shall be submitted on in limine requests, unless
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`otherwise permitted by the Court.
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`14
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 15 of 18 PageID #: 1257
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`20.
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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 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire,
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`(ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later
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`than 6 p.m. on the fourth business day before the date of the final pretrial conference. Areas of
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`dispute shall be identified as narrowly as possible and in a manner that makes it readily apparent
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`what the dispute is. The parties shall submit simultaneously with filing each of the foregoing four
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`documents in Word format to rga_civil@ded.uscourts.gov.
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`21.
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`Trial. These matters are scheduled for the first five (5) day5 jury trial to commence
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`9:30 a.m. on September 11, 2023, with the subsequent trial days beginning at 9:30 a.m. Until the
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`case is submitted to the jury for deliberations, the jury will be excused each day at 5:00 p.m. The
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`trial will be timed, as counsel will be allocated a total number of hours in which to present their
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`respective cases. Subsequent trial dates for the remaining above-captioned cases will be set by the
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`Court during the March 2, 2023 scheduling conference.6
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`The Honorable Jennifer L. Hall
`UNITED STATES MAGISTRATE JUDGE
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`5 Five days (i.e., about ten to thirteen hours per side) is the presumptive length of a patent jury
`trial. If the parties think it is obvious that this will not be enough, they may put in a different length
`and should be prepared to explain why at the Rule 16 conference. A final decision on the precise
`length of trial will not be made before the final pretrial conference.
`6 Defendants in C.A. No. 20-01646-RGA-JLH request that Ariosa and FMI shall be severed for
`trial purposes and the claims asserted by Ravgen tried separately. Ravgen does not presently
`oppose that request as to severance for trial but lacks sufficient information to understand whether
`pre-trial severance would be appropriate and therefore proposes that the parties address the issue
`at the end of fact discovery. The parties shall meet and confer on whether it would be appropriate
`to further sever this action for pre-trial proceedings after discovery, and the parties shall submit
`such a proposal to the Court no later than 30 days prior to the close of fact discovery.
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`15
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 16 of 18 PageID #: 1258
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`EVENT
`
`DEADLINES
`
`Protective Order
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`30 Days after Scheduling Order
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`Initial Disclosures under Fed. R. Civ. P. 26(a)(1)
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`Initial Disclosures under Delaware Default Standard,
`Section 3
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`Disclosure of Accused Products, Damages Model,
`Asserted Patents, and File Histories
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`Core Technical Document Production
`
`Initial Infringement Contentions
`
`Initial Invalidity Contentions
`
`Exchange List of Claim Terms
`
`Exchange Proposed Claim Constructions
`
`Joint Claim Construction Chart and Joint Status Letter
`Regarding Markman Briefing Limits
`
`Opening Claim Construction Brief (Plaintiff)
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`Answering Claim Construction Brief (Defendants)
`
`Reply Claim Construction Brief (Plaintiff)
`
`Substantial Completion of Document Production for
`Requests for Production served by November 5, 2021
`
`Sur-Reply Claim Construction Brief (Defendants)
`
`Joint Claim Construction Brief and Technology
`Tutorial Deadline
`
`Interim Status Report Regarding Discovery
`
`Joint Status Letter Regarding Deposition Discovery
`Limits
`
`Claim Construction Hearing
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`16
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`4/30/2021
`
`4/30/2021
`
`4/30/2021
`
`6/4/2021
`
`7/16/2021
`
`8/20/2021
`
`9/1/2021
`
`10/1/2021
`
`10/29/2021
`
`12/3/2021
`
`1/14/2022
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`2/4/2022
`
`2/15/2022
`
`2/25/2022
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`3/3/2022
`
`3/15/2022
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`4/5/2022
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`4/12/2022
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`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 17 of 18 PageID #: 1259
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`EVENT
`
`DEADLINES
`
`Deadline for Objections to Claim Construction Report
`and Recommendation
`
`21 Days After Issuance of Report &
`Recommendation
`
`Supplemental Identification of All Accused Products
`and Prior Art
`
`Final Infringement Contentions
`
`Final Invalidity Contentions
`
`Joinder of Other Parties and Amendment of Pleadings
`
`Fact Discovery Cutoff
`
`Opening Expert Reports
`
`Rebuttal Expert Reports
`
`Reply Expert Reports
`
`Expert Discovery Cutoff
`
`Joint Status Letter Regarding Dispositive and Daubert
`Motion Page Limits
`
`Joint Status Letter Regarding Trial Order and Schedule
`
`Trial Ordering and Scheduling Conference
`
`Completed Briefing for Case Dispositive Motions, and
`Affidavits, if any
`
`
`
`
`17
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`The later of:
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`6/23/2022 or
`
`14 Days After Issuance of Claim
`Construction Order
`
`The later of:
`
`6/30/2022 or
`
`21 Days After Issuance of Claim
`Construction Order
`
`The later of:
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`7/21/2022 or
`
`42 Days After Issuance of Claim
`Construction Order
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`7/26/2022
`
`8/16/2022
`
`10/3/2022
`
`11/17/2022
`
`12/15/2022
`
`2/9/2023
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`2/9/2023
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`2/23/2023
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`3/2/2023
`
`Opening: 3/9/2023
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`Answering: 4/6/2023
`
`Reply: 4/20/2023
`
`

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`Case 1:20-cv-01734-RGA-JLH Document 21 Filed 05/19/21 Page 18 of 18 PageID #: 1260
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`EVENT
`
`Case Dispositive Hearing Date
`
`DEADLINES
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`5/5/2023
`
`Deadline for Objections to Report and
`Recommendation
`
`14 Days After Issuance of Report &
`Recommendation
`
`Proposed Final Pretrial Order
`
`Proposed Voir Dire, Preliminary Jury Instructions,
`Final Jury Instructions, and Special Verdicts Forms
`
`Pretrial Conference
`
`First 5-Day Trial to Commence
`
`8/21/2023
`
`8/21/2023
`
`8/25/2023
`
`9/11/2023
`
`
`
`
`
`
`18
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`