Case 1:22-cv-00305-JLH Document 266 Filed 04/26/24 Page 1 of 5 PageID #: 12769
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ROBOCAST, INC.,
`
`v.
`
`NETFLIX, INC.,
`
`Plaintiff and
`Counterclaim
`Defendant,
`
`Defendant and
`Counterclaim
`Plaintiff.
`
`Civil Action No. 1:22-cv-00305-JLH
`
`JURY TRIAL DEMANDED
`
`[PROPOSED] AMENDED SCHEDULING ORDER
`
`This _____ day of ___________, 2024, the Court having conducted a discovery dispute
`26th
`April
`
`conference on April 5, 2024 and having instructed the parties to submit a revised proposed
`
`scheduling order consistent with the Court’s guidance (D.I. 242);
`
`IT IS HEREBY ORDERED that:
`
`1.
`
`Discovery
`
`a.
`
`Miscellaneous Discovery Matters.
`
`i.
`
`Reducing Asserted Claims and Prior Art. By September 3, 2024 (i.e.,
`
`after the close of expert discovery), Plaintiff shall further narrow the
`
`number of asserted claims to no more than ten (10). By September 10,
`
`2024, Defendant shall narrow the number of prior-art-based invalidity
`
`arguments to no more than two (2) arguments per asserted claim.
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ROBOCAST, INC.,
`
`v.
`
`NETFLIX, INC.,
`
`Plaintiff and
`Counterclaim
`Defendant,
`
`Defendant and
`Counterclaim
`Plaintiff.
`
`Civil Action No. 1:22-cv-00305-JLH
`
`JURY TRIAL DEMANDED
`
`[PROPOSED] AMENDED SCHEDULING ORDER
`
`This _____ day of ___________, 2024, the Court having conducted a discovery dispute
`26th
`April
`
`conference on April 5, 2024 and having instructed the parties to submit a revised proposed
`
`scheduling order consistent with the Court’s guidance (D.I. 242);
`
`IT IS HEREBY ORDERED that:
`
`1.
`
`Discovery
`
`a.
`
`Miscellaneous Discovery Matters.
`
`i.
`
`Reducing Asserted Claims and Prior Art. By September 3, 2024 (i.e.,
`
`after the close of expert discovery), Plaintiff shall further narrow the
`
`number of asserted claims to no more than ten (10). By September 10,
`
`2024, Defendant shall narrow the number of prior-art-based invalidity
`
`arguments to no more than two (2) arguments per asserted claim.
`
`1
`
`
`
`
`Case 1:22-cv-00305-JLH Document 266 Filed 04/26/24 Page 2 of 5 PageID #: 12770
`
`
`
`
`
`2.
`
`Disclosure of Expert Testimony.
`
`a.
`
`Expert Reports. For the party who has 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 June 14, 2024. The supplemental disclosure to contradict or rebut
`
`evidence on the same matter identified by another party is due on or before July
`
`11, 2024. Reply expert reports from the party with the initial burden of proof
`
`are due on or before August 6, 2024. No other expert reports will be permitted
`
`without either the consent of all parties or leave of the Court. If any party believes
`
`that an expert report does not comply with the rules relating to timely disclosure
`
`or exceeds the scope of what is permitted in that expert report, the complaining
`
`party must notify the offending party within one (1) week of the submission of
`
`the expert report. The parties are expected to promptly try to resolve any such
`
`disputes, and, when they cannot reasonably be resolved, use the Court’s
`
`Discovery Dispute Procedure or the complaint will be waived.
`
`
`
`Along with the submission of the expert reports, the parties shall advise
`
`of the dates and times of their experts’ availability for deposition. Depositions of
`
`experts shall be completed on or before August 29, 2024.
`
`3.
`
`Case Dispositive Motions. All case dispositive motions shall be served and filed on or
`
`before September 26, 2024. No case dispositive motions under Rule 56 may be filed
`
`more than ten (10) days before the above date without leave of the Court. Absent an
`
`order of the Court upon a showing of good case, each side is limited to one forty (40)
`
`page opening brief, one forty (40) page answering brief, and one twenty (20) page reply
`
`2
`
`
`
`Case 1:22-cv-00305-JLH Document 266 Filed 04/26/24 Page 3 of 5 PageID #: 12771
`
`brief for all of its Daubert and case dispositive motions. Answering briefs for case
`
`dispositive motions shall be served and filed on or before October 17, 2024. Reply briefs
`
`for case dispositive motions shall be served and filed on or before October 30, 2024.
`
`4.
`
`The deadlines in this Amended Scheduling Order supersede the deadlines in
`
`paragraphs 3(g)(v), 9(a), and 10 of the Joint Scheduling Order in this case (D.I. 47).
`
`All other remaining deadlines set forth in the Joint Scheduling Order (D.I. 47) in this
`
`case remain the same.
`
`THE HONORABLE JENNIFER L. HALL
`UNITED STATES DISTRICT JUDGE
`
`3
`
`
`
`
`Case 1:22-cv-00305-JLH Document 266 Filed 04/26/24 Page 4 of 5 PageID #: 12772
`
`
`
`
`
`
`
`
`Dated: April 12, 2024
`
`/s/ Stephen B. Brauerman
`Stephen B. Brauerman
`Ronald P. Golden, III
`Bayard, P.A.
`600 N. King Street, Suite 400
`Wilmington, DE 19801
`(302) 655-5000
`Fax: (302) 658-6395
`sbrauerman@bayardlaw.com
`rgolden@bayardlaw.com
`
`Marc N. Henschke (pro hac vice)
`Steven M. Coyle (pro hac vice)
`Andrew C. Ryan (pro hac vice)
`Nicholas A. Geiger (pro hac vice)
`Sara T. Colburn (pro hac vice)
`Cantor Colburn LLP
`20 Church Street, 22nd Floor
`Hartford, CT 06103
`Tel. (860) 286-2929
`Fax. (860) 286-0115
`mhenschke@cantorcolburn.com
`scoyle@cantorcolburn.com
`aryan@cantorcolburn.com
`ngeiger@cantorcolburn.com
`scolburn@cantorcolburn.com
`
`Steven Rizzi (pro hac vice)
`Mariel Talmage (pro hac vice)
`McKool Smith, P.C.
`1301 6th Avenue, 32nd floor
`New York, NY 10019
`(212) 402-9400
`srizzi@mckoolsmith.com
`mtalmage@mckoolsmith.com
`
`Ramy E. Hanna (DE Bar Id# 5494)
`McKool Smith, P.C.
`600 Travis Street
`Suite 7000
`Houston, Texas 77002
`(713) 485-7344
`rhanna@ mckoolsmith.com
`
`Casey L. Shomaker (pro hac vice)
`
`/s/ Kelly E. Farnan
`Kelly E. Farnan (#4395)
`Sara M. Metzler (#6509)
`RICHARDS, LAYTON & FINGER P.A.
`One Rodney Square
`920 North King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
`
`Tara D. Elliott (#4483)
`Rachel Weiner Cohen
`Ashley M. Fry
`Diane E. Ghrist
`Alessandra M. Schaszberger
`LATHAM & WATKINS LLP
`555 Eleventh Street, NW
`Suite 1000
`Washington, DC 20004-1304
`(202) 637-2200
`
`Kimberly Q. Li
`LATHAM & WATKINS LLP
`200 Clarendon Street
`Boston, MA 02116
`(617) 880-4500
`
`Attorneys for Defendant and Counterclaim
`Plaintiff Netflix, Inc.
`
`4
`
`
`
`
`Case 1:22-cv-00305-JLH Document 266 Filed 04/26/24 Page 5 of 5 PageID #: 12773
`
`
`
`
`
`Samuel L. Moore (pro hac vice)
`Steven Udick (pro hac vice)
`McKool Smith, P.C.
`300 Crescent Court, Suite 1500
`Dallas, Texas 75201
`(214) 978-4000
`cshomaker@mckoolsmith.com
`smoore@mckoolsmith.com
`sudick@mckoolsmith.com
`
`Attorneys for Plaintiff and
`Counterclaim Defendant Robocast,
`Inc.
`
`
`
`5
`
`
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