Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 1 of 15 PageID #: 2121
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 1 of 15 PagelD #: 2121
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`EXHIBIT 2
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 1 of 15 PagelD #: 2121
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`EXHIBIT 2
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 2 of 15 PageID #: 2122
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`NOKIA TECHNOLOGIES OY,
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`Plaintiff / Counterclaim Defendant,
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`HP, Inc.,
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`Defendant / Counterclaim Plaintiff
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`C.A. No. 23-1237 (GBW)
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`[PROPOSED] SCHEDULING ORDER
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`This ____ day of ___, 2024, the Court having conducted an initial Rule
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`16(b) scheduling conference pursuant to Local Rule 16.1(b), and the parties having
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`determined after discussion that the matter cannot be resolved at this juncture by
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`settlement, voluntary mediation, or binding arbitration;
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`IT IS HEREBY ORDERED that:
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`1.
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`Scope. This scheduling order sets a schedule for the above-captioned
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`action. This Scheduling Order regards the rate-setting trial phase of this dispute.
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`This phase will address HP Count VI (Declaratory Judgment of Obligation of
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`Nokia to License SEPs on FRAND Terms and Conditions and Declaration of
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`FRAND Terms and Conditions) and alleged defenses thereto.
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 3 of 15 PageID #: 2123
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`2.
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`Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard.
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`Unless otherwise agreed to by the parties, the parties shall make their initial
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`disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) within five (5)
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`days of the date the Court enters this Order. If they have not already done so, the
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`parties are to review the Court's Default Standard for Discovery, Including
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`Discovery of Electronically Stored Information (“ESI”), which is posted at
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`http://www.ded.uscourts.gov (see Other Resources, Default Standard for
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`Discovery) and is incorporated herein by reference.
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`2.
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`Joinder of Other Parties and Amendment of Pleadings. All motions to
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`join other parties, and to amend or supplement the pleadings, shall be filed on or
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`before August 29, 2024. Unless otherwise ordered by the Court, any motion to join
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`a party or motion to amend the pleadings shall be made pursuant to the procedures
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`set forth in Paragraphs 4(g) and 5.
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`4. Discovery. Unless otherwise ordered by the Court or agreed to by
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`parties, the limitations on discovery set forth in the Federal Rules of Civil
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`Procedure shall be strictly observed.
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`(a) Fact Discovery Cut Off. All fact discovery in this case shall be
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`initiated so that it will be completed on or before January 17, 2025.
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`(b) Document Production. Document production shall be
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`substantially complete by November 18, 2024.
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 4 of 15 PageID #: 2124
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`(c) Requests for Admission. A maximum of 40 requests for
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`admission are permitted for each side, except that the parties may serve unlimited
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`requests for admission to authenticate documents.
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`(d) Interrogatories.
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`i. A maximum of 25 interrogatories, including contention
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`interrogatories, are permitted for each side.
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`ii. The Court encourages the parties to serve and respond to
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`contention interrogatories early in the case. In the absence of agreement among the
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`parties, contention interrogatories, if filed, shall first be addressed by the party with
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`the burden of proof. The adequacy of all interrogatory answers shall be judged by
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`the level of detail each party provides (i.e., the more detail a party provides, the
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`more detail a party shall receive).
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`(e)
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` Depositions.
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`i. Limitation on Hours for Deposition Discovery. Each side
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`is limited to a total of 50 hours of taking testimony by deposition upon oral
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`examination. However, the parties may use deposition and/or trial testimony from
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`ITC Investigation Nos. 337-TA-1379 and 337-TA-1380, and such testimony will
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`not count against the 50-hour limit.
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`ii. Location of Depositions. Any party or representative
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`(officer, director, or managing agent) of a party filing a civil action in this district
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 5 of 15 PageID #: 2125
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`court must ordinarily be required, upon request, to submit to a deposition at a place
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`designated within this district. Exceptions to this general rule may be made by
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`order of the Court. The parties may agree to conduct party depositions outside of
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`this district, or to conduct depositions remotely over Zoom or similar video
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`conferencing software. A defendant who becomes a counterclaimant, cross-
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`claimant, or third-party plaintiff shall be considered as having filed an action in this
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`Court for the purpose of this provision.
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`(f) Disclosure of Expert Testimony.
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`i. Disclosure of Experts. By January 24, 2025, each party
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`must disclose any expert for which a party will serve a written report under Rule
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`26(a)(2)(B).
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`ii. Expert Reports. For the party who has the initial burden of
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`proof on the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2)
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`disclosure of expert testimony is due on or before February 17, 2025. The
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`supplemental disclosure to contradict or rebut evidence on the same matter
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`identified by another party is due on or before March 19, 2025. No other expert
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`reports will be permitted without either the consent of all parties or leave of the
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`Court. Along with the submissions of the expert reports, the parties shall advise of
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`the dates and times of their experts’ availability for deposition.
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 6 of 15 PageID #: 2126
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`iii. Objections to Expert Testimony. To the extent any
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`objection to expert testimony is made pursuant to the principles announced in
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`Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as
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`incorporated in Federal Rule of Evidence 702, it shall be made by motion no later
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`than May 6, 2025, and responsive briefs shall be filed no later than May 20, 2025.
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`Unless otherwise agreed to by the parties or by order of the Court, no party may
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`file a reply Daubert brief.
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`iv. Expert Discovery Cut-Off. All expert discovery in this
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`case shall be initiated so that it will be completed on or before May 1, 2025.
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`(g) Discovery Matters and Disputes Relating to Protective Orders.
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`i. 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
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`procedures.
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`ii. Should counsel find, after good faith efforts – including
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`verbal communications among Delaware and Lead Counsel for all parties to the
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`dispute - that they are unable to resolve a discovery matter or a dispute relating to a
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`protective order, the parties involved in the discovery matter or protective order
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`dispute shall submit a joint letter in substantially the following form:
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`Dear Judge Williams:
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 7 of 15 PageID #: 2127
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`The parties in the above-referenced matter write to
`request the scheduling of a discovery
`teleconference.
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`The following attorneys, including at least one
`Delaware Counsel and at least one Lead Counsel
`per party, participated in a verbal meet and- confer
`(in person and/or by telephone) on the following
`date(s):
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`Delaware Counsel:
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`Lead Counsel:
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`The disputes requiring judicial attention are listed
`below:
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`[provide here a non-argumentative list of disputes
`requiring judicial attention]
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`iii. On a date to be set by separate order, generally not less
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`than forty-eight (48) hours prior to the conference, the party seeking relief shall file
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`with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute
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`and its position on those issues. On a date to be set by separate order, but generally
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`not less than twenty-four (24) hours prior to the conference, any party opposing the
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`application for relief may file a letter, not to exceed three (3) pages, outlining that
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`party’s reasons for its opposition.
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`iv. Each party shall submit two (2) courtesy copies of its
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`discovery letter and any attachments.
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 8 of 15 PageID #: 2128
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`v.
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`Should the Court find further briefing necessary upon
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`conclusion of the telephone conference, the Court will order it. Alternatively, the
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`Court may choose to resolve the dispute prior to the telephone conference and will,
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`in that event, cancel the conference.
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`5. Motions to Amend.
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`(a) Any motion to amend (including a motion for leave to amend) a
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`pleading shall NOT be accompanied by an opening brief but shall, instead, be
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`accompanied by a letter, not to exceed three (3) pages, describing the basis for the
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`requested relief, and shall attach the proposed amended pleading as well as a
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`“blackline” comparison to the prior pleading.
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`(b) Within seven (7) days after the filing of a motion in compliance
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`with this Order, any party opposing such a motion shall file a responsive letter, not
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`to exceed five (5) pages.
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`(c) Within three (3) days thereafter, the moving party may file a
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`reply letter, not to exceed two (2) pages, and, by this same date, the parties shall
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`file a letter requesting a teleconference to address the motion to amend.
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`6. Motions to Strike.
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`(a) Any motion to strike any pleading or other document shall
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`NOT be accompanied by an opening brief but shall, instead, be accompanied by a
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 9 of 15 PageID #: 2129
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`letter, not to exceed three (3) pages, describing the basis for the requested relief,
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`and shall attach the document to be stricken.
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`(b) Within seven (7) days after the filing of a motion in compliance
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`with this Order, any party opposing such a motion shall file a responsive letter, not
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`to exceed five (5) pages.
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`(c) Within three (3) days thereafter, the moving party may file a
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`reply letter, not to exceed two (2) pages, and, by this same date, the parties shall
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`file a letter requesting a teleconference to address the motion to strike.
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`6.
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`Interim Status Report. On January 3, 2025, counsel shall submit a
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`joint letter to the Court with an interim report of the matters in issue and the
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`progress of discovery to date. Thereafter, if the Court deems it necessary, it will
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`schedule a status conference.
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`7. Case Dispositive Motions.
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`(a) The Court will not hear case dispositive motions for the claim and
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`defenses identified herein in paragraph 1 above. Nothing herein prevents a party
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`from filing case dispositive motions in for claims and defenses not identified in
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`paragraph 1 above.
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`(b) Page limits combined with Daubert motion page limits. Each party
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`is permitted to file as many Daubert motions as desired provided, however, that
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 10 of 15 PageID #: 2130
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`each SIDE will be limited to a combined total of 20 pages for all opening briefs,
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`and a combined total of 20 pages for all answering briefs.1
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`8. Applications by Motion. Except as otherwise specified herein, any
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`application to the Court shall be by written motion. Any non-dispositive motion
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`should contain the statement required by Local Rule 7.1.1.
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`9. Application to Court for Protective Order. Should counsel find it will
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`be necessary to apply to the Court for a protective order specifying terms and
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`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
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`Court within ten (10) days from the date the Court enters this Order. Should
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`counsel be unable to reach an agreement on a proposed form of order, counsel must
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`follow the provisions of Paragraph 4(g) above.
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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
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`1 The parties must work together to ensure that the Court receives no more than a total of 250
`pages (i.e., 50 + 50 + 25 regarding one side's motions, and 50 + 50 + 25 regarding the other side's
`motions) of briefing on all case dispositive motions and Daubert motions that are covered by this
`scheduling order and any other scheduling order entered in any related case that is proceeding on
`a consolidated or coordinated pretrial schedule.
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 11 of 15 PageID #: 2131
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`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.
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`10.
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` Papers Filed Under Seal. In accordance with section G of the Revised
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`Administrative Procedures Governing Filing and Service by Electronic Means, a
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`redacted version of any sealed document shall be filed electronically within seven
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`(7) days of the filing of the sealed document.
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`11. Courtesy Copies. The parties shall provide to the Court two (2)
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`courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations, affidavits
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`etc.). Courtesy copies of appendices and exhibits should include hard tabs. This
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`provision also applies to papers filed under seal.
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`12. Motions in Limine. Motions in limine shall not be separately filed. All
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`in limine requests and responses thereto shall be set forth in the proposed pretrial
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`order. Each SIDE shall be limited to three (3) in limine requests, unless otherwise
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`permitted by the Court. The request and any response shall contain the authorities
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`relied upon; each in limine request may be supported by a maximum of three (3)
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`pages of argument (exchange on or before May 1, 2025), may be opposed by a
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`maximum of three (3) pages of argument (exchange on or before May 15, 2025),
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`and the side making the in limine request may add a maximum of one (1)
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 12 of 15 PageID #: 2132
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`additional page in reply in support of its request (exchange on or before May 22,
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`2025). If more than one party is supporting or opposing an in limine request, such
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`support or opposition shall be combined in a single three (3) page submission (and,
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`if the moving party, a single one (1) page reply), unless otherwise ordered by the
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`Court. No separate briefing shall be submitted on in limine requests, unless
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`otherwise permitted by the Court.
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`13. Pretrial Conference. On [June 9, 2025], the Court will hold a pretrial
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`conference in Court with counsel beginning at
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`.m. Unless otherwise
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`ordered by the Court, the parties should assume that filing the pretrial order
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`satisfies the pretrial disclosure requirement of Federal Rule of Civil Procedure
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`26(a)(3). The parties shall file with the Court the joint proposed final pretrial order
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`in compliance with Local Rule 16.3(c) and the Court's Preferences and Procedures
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`for Civil Cases not later than seven (7) days before the pretrial conference. Unless
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`otherwise ordered by the Court, the parties shall comply with the time frames set
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`forth in Local Rule 16.3(d)(l)-(3) for the preparation of the joint proposed final
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`pretrial order.
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`The parties shall provide the Court two (2) courtesy copies of the joint
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`proposed final pretrial order and all attachments. The proposed final pretrial order
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`shall contain a table of contents and the paragraphs shall be numbered.
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 13 of 15 PageID #: 2133
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`14.
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`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case
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`is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties
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`should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii) final jury
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`instructions, and (iv) special verdict forms seven (7) business days before the final
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`pretrial conference. This submission shall be accompanied by a courtesy copy
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`containing electronic files of these documents, in Microsoft Word format, which
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`may be submitted by e-mail to
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`gbw_civil@ded.uscourts.gov.gbw_civil@ded.uscourts.gov.
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`15. Trial. This matter is scheduled for a three (3) day2 trial beginning at
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`9:30 a.m. on [June 16, 2025, or as soon thereafter that is convenient for the Court],
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`with the subsequent trial days beginning at 9:30 a.m. Until the case is submitted to
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`the jury for deliberations, the jury will be excused each day at 5:30 p.m. The trial
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`will be timed, as counsel will be allocated a total number of hours in which to
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`present their respective cases.
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`16.
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`Judgment on Verdict and Post-Trial Status Report. Within seven (7)
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`days after a jury returns a verdict in any portion of a jury trial, the parties shall
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`jointly submit a form of order to enter judgment on the verdict. At the same time,
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`the parties shall submit a joint status report, indicating among other things how the
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`case should proceed and listing any post-trial motions each party intends to file.
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`2 Defendant waives its right to a jury trial on its Count VI.
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 14 of 15 PageID #: 2134
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`17. Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES
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`are limited to a maximum of 20 pages of opening briefs, 20 pages of answering
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`briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that
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`side, no matter how many such motions are filed.
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`18. ADR Process. This matter is referred to a magistrate judge to explore
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`the possibility of alternative dispute resolution.
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`The Honorable Gregory B. Williams
`United States District Judge
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`Case 1:23-cv-01237-GBW Document 32-2 Filed 06/13/24 Page 15 of 15 PageID #: 2135
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`EVENT
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`DEADLINE
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`Joinder of Parties and Amendment of Pleadings
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`August 29, 2024
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`Substantial Completion of Document Production
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`November 18, 2024
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`Interim Status Report
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`Close of Fact Discovery
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`Disclosure of Experts
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`Opening Expert Reports
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`Rebuttal Expert Reports
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`Expert Discovery Cut-Off
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`Daubert Motions
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`Responses to Daubert Motions
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`Final Pretrial Conference
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`Jury Selection/Trial
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`January 3, 2025
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`January 17, 2025
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`January 24, 2025
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`February 17, 2025
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`March 19, 2025
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`May 1, 2025
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`May 6, 2025
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`May 20, 2025
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`June 9, 2025
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`June 16, 2025
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