Case 1:23-cv-01237-GBW Document 32-3 Filed 06/13/24 Page 1 of 21 PageID #: 2136
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`Case 1:23-cv-01237-GBW Document 32-3 Filed 06/13/24 Page 1 of 21 PagelD #: 2136
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`EXHIBIT 3
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`Case 1:23-cv-01237-GBW Document 32-3 Filed 06/13/24 Page 1 of 21 PagelD #: 2136
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`EXHIBIT 3
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`Case 1:23-cv-01237-GBW Document 32-3 Filed 06/13/24 Page 2 of 21 PageID #: 2137
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF DELAWARE
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`[PLAINTIFF],
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`NOKIA TECHNOLOGIES OY,
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`:
`:
`:
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`Plaintiff,
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`v. / Counterclaim Defendant,
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`:
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`[DEFENDANT],
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`C.A. No. 00-000023-1237 (GBW)
`:
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`:
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`v.
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`HP, Inc.,
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`:
`:
`:
`:
`:
`Defendant. / Counterclaim Plaintiff
`:
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`[PROPOSED] SCHEDULING ORDER [PATENT, NON-ANDA]
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`This ______ ____ day of _________ , 20 ___ ___, 2024, the Court having
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`conducted an initial Rule 16(b) scheduling conference pursuant to Local Rule
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`16.1(b), and the parties having determined after discussion that the matter cannot
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`be resolved at this juncture by settlement, voluntary mediation, or binding
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`arbitration;
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`IT IS HEREBY ORDERED that:
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`11. 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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`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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` 3. Disclosures. Absent agreement among the parties, and approval of the
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`Court:
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`(a) By ____ , Plaintiff shall identify the accused product(s),
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`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
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`also produce the file history for each asserted patent.
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`(b) By ____ , Defendant shall produce core technical documents
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`related to the accused product(s), sufficient to show how the accused product(s)
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`work(s), including but not limited to non-publicly available operation manuals,
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`product literature, schematics, and specifications. Defendant shall also produce
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`sales figures for the accused product(s).
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`(c) By _____ , Plaintiff shall produce an initial claim chart relating
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`each known accused product to the asserted claims each such product allegedly
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`infringes.
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`(d) By ____ , Defendant shall produce its initial invalidity
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`contentions for each asserted claim, as well as the known related invalidating
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`references.
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`contentions.
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`(e) By ____ , Plaintiff shall provide fmal infringement
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`(f) By ____ , Defendant shall provide fmal invalidity contentions.
`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,
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`2025.
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`(b) Document Production. Document production shall be
`substantially complete by November 18, 2024.
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`(c) Requests for Admission. A maximum of
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` 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 (L 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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`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.
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`i. Disclosure of Experts. By January 24, 2025, each
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`party must disclose any expert for which a party will serve a written report under
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`Rule 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 _______ . Reply expert reports
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`from the party with the initial burden of proof are due on or before
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`. March 19,
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`2025. No other expert reports will be permitted without either the consent of all
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`parties or leave of the Court. Along with the submissions of the expert reports, the
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`parties shall advise of the dates and times of their experts’ availability for
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`deposition.
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`ii.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 the deadline for dispositive motions set forth herein, unless otherwise ordered
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`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. May 6, 2025, and responsive
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`briefs shall be filed no later than May 20, 2025. Unless otherwise agreed to by the
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`parties or by order of the Court, no party may file a reply Daubert brief.
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`iiiiv. Expert Discovery Cut-Off. All expert discovery in this
`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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`Case 1:23-cv-01237-GBW Document 32-3 Filed 06/13/24 Page 8 of 21 PageID #: 2143
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`Dear Judge Williams:
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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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`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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`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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`7.
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`Technology Tutorials. Unless otherwise ordered by the Court, the
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`parties jointly shall provide the Court, no later than the date on which the Joint
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`Claim Construction Chart is due, a tutorial on the technology at issue. In that
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`regard, the parties shall jointly submit to the Court an electronic tutorial of not
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`more than thirty (30) minutes. The tutorial should focus on the technology in issue
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`and educate the Court about the same and should not be used for argument. As to
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`the format selected, the parties should confirm the Court's technical abilities to
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`access the information contained in the tutorial ("mpeg", "quicktime", etc.). The
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`parties may choose to file their tutorial under seal, subject to any protective order
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`in effect.
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`8.
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`Claim Construction Issue Identification. On or before
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`, the
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`parties shall exchange a list of those claim term(s)/phrase(s) that they believe need
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`construction and their proposed claim construction of those term(s)/phrase(s). On
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`or before _____ , the parties shall respond to and provide their proposed
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`construction for any term(s)/phrase(s) presented by the other side for which the
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`party did not initially provide a construction. These documents will not be filed
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`with the Court. Subsequent to exchanging that list, the parties will meet and confer
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`to prepare a Joint Claim Construction Chart to be filed no later than
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`. The
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`Joint Claim Construction Chart, in Word format, shall be e-mailed simultaneously
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`with filing to gbw_civil@ded.uscourts.gov. The parties' Joint Claim Construction
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`Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue,
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`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
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`respective proposed constructions. A copy of the patent(s) in issue as well as
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`those portions of the intrinsic record relied upon shall be submitted with this Joint
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`Claim Construction Chart. In this joint submission, the parties shall not provide
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`argument.
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`9.
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`Claim Construction Briefins, Plaintiff shall serve, but not file, its
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`opening brief, not to exceed 5,000 words, on ___ . Defendant shall serve, but not
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`file, its answering brief not to exceed 7,500 words, on ___ . Plaintiff shall serve,
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`but not file, its reply brief, not to exceed 5,000 words, on ___ . Defendant shall
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`serve, but not file its sur-reply brief, not to exceed 2,500 words, on __ . No
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`later than ___ , the parties shall file a Joint Claim Construction Brief. The parties
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`shall copy and paste their unfiled briefs into one brief, with their positions on
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`each claim term in sequential order, in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
`Agreed-Upon Constructions
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`I.
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`II. Disputed Constructions
`[TERM 1]
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`Plaintiff's Opening Position
`1.
`2. Defendant's Answering Position
`3.
`Plaintiff's Reply Position
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`4. Defendant's Sur-Reply Position
`[TERM 2]
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`Plaintiff's Opening Position
`1.
`2. Defendant's Answering Position
`3.
`Plaintiffs Reply Position
`4. Defendant's Sur-Reply Position
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`
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`If there are any materials that would be submitted in an index, the parties shall
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`submit them in a Joint Appendix.
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`10. Hearing on Claim Construction. Beginning at
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`.m. on ____ , the
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`Court will hear argument on claim construction. The parties shall notify the Court,
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`by joint letter submission, no later than the date on which their answering claim
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`construction briefs are due: (i) whether they request leave to present testimony at
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`the hearing; and (ii) the amount of time they are requesting be allocated to them for
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`the hearing.
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`Provided that the parties comply with all portions of this Scheduling
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`Order, and any other orders of the Court, the parties should anticipate that the
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`Court will issue its claim construction order within sixty (60) days of the
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`conclusion of the claim construction hearing. If the Court is unable to meet this
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`goal, it will advise the parties no later than sixty (60) days after the conclusion of
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`the claim construction hearing.
`11.6. Interim Status Report.
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`On
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`January 3, 2025, counsel shall
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`submit a joint letter to the Court with an interim report of the matters in issue and
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`the 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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`12. Supplementation. Absent agreement among the parties, and approval
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`of the Court,
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`11
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`(a)
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`no later than _____ the patentee must finally supplement the
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`identification of all accused products and serve final infringement
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`contentions; and
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`(b)
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`no later than _____ the accused infringers must finally
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`supplement the identification of all invalidity references and serve
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`final invalidity contentions.
`13.7. Case Dispositive Motions.
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`(a) All(a) The Court will not hear case dispositive motions, an
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`opening brief, and affidavits, if any, for the claim and defenses identified herein in
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`support of the motion shall be served and filed on or before
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`[a date
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`approximately four months prior to the pretrial conference, the four months being
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`calculated from the conclusion of the briefing]. Briefing will be presented pursuant
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`to the Court's Local Rules. No case dispositive motion under Rule 56 may be filed
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`more than ten (10) days before theparagraph 1 above date without leave of the
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`Court.
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`(b) Concise Statement of Facts Requirement. Any motion for
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`summary judgment shall be accompanied by a separate concise statement, not to
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`exceed six (6) pages, which details each material fact which the moving. Nothing
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`herein prevents a party contends is essential for the Court's resolution of the
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`summary judgment motion (from filing case dispositive motions in for claims and
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`defenses not the entire case) and as to which the moving party contends there is no
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`genuine issue to be tried. Each fact shall be set forth in a separate numbered
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`paragraph and shall be supported by specific citation(s) to the record.
`Any party opposing the motion shall include with its opposing papers
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`a response to the moving party's concise statement, not to exceed six (6) pages,
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`which admits or disputes the facts set forthidentified in the moving party's concise
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`statement on a paragaph-by-paragraph basis. To the extent a fact is disputed, the
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`basis of the dispute shall be supported by specific citation(s) to the record. Failure
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`to respond to a fact presented in the moving party's concise statement of facts shall
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`indicate that fact is not in dispute for purposes of summary judgment. The party
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`opposing the motion may also include with its opposing papers a separate concise
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`statement, not to exceed four (4) pages, which sets forth material facts as to which
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`the opposing party contends there is a genuine issue to be tried. Each fact asserted
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`by the opposing party shall also be set forth in a separate numbered paragraph and
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`shall be supported by specific citation(s) to the record1 above.
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`The moving party shall include with its reply papers a response to
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`the opposing party's concise statement of facts, not to exceed four (4) pages, on a
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`paragraph-by-paragraph basis. Failure to respond to a fact presented in the
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`opposing party's concise statement of facts shall indicate that fact remains in
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`dispute for purposes of summary judgment.
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`(c)
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`(b) Page limits combined with Daubert motion page limits.
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`Each party is permitted to file as many case dispositiveDaubert motions as
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`desired provided, however, that each SIDE will be limited to a combined total
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`of 4020 pages for all opening briefs, and a combined total of 4020 pages for all
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`answering briefs, and a combined total of 20 pages for all reply briefs regardless
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`of the number of case dispositive motions that are filed. In the event that a party
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`files, in addition to a case dispositive motion, a Daubert motion to exclude or
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`preclude all or any portion of an expert's testimony, the total amount of pages
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`permitted for all case dispositive and Daubert motions shall be increased to 50
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`pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for
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`all reply briefs for each SIDE.'.1
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`(d) Ranking of Summary Judgment Motions. Any party that files
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`more than one summary judgment motion shall number each motion to indicate the
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`order in which the party wishes the Court to review its pending motions. The first
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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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`motion the party wishes the Court to consider shall be designated #1, the second
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`motion shall be designated #2, and so on. The Court will review the party's
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`summary judgment motions in the order designated by the party. If the Court
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`decides to deny a motion filed by the party, barring exceptional reasons determined
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`sua sponte by the Court, the Court will not review any lower ranked summary
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`judgment motions filed by the party.
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`14.8. Applications by Motion. Except as otherwise specified herein,
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`any application to the Court shall be by written motion. Any non-dispositive
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`motion should contain the statement required by Local Rule 7.1.1.
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`15.9. Application to Court for Protective Order. Should counsel find
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`it will be necessary to apply to the Court for a protective order specifying terms
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`and conditions for the disclosure of confidential information, counsel should confer
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`and 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
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`
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`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.
`10.
` Papers Filed Under Seal. In accordance with section G of
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`16.
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`the Revised Administrative Procedures Governing Filing and Service by Electronic
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`Means, a redacted version of any sealed document shall be filed electronically within
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`seven (7) days of the filing of the sealed document.
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`17.11.
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`Courtesy Copies. The parties shall provide to the Court
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`two (2) courtesy copies of filings (i.e., briefs, appendices, exhibits, declarations,
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`affidavits etc.). Courtesy copies of appendices and exhibits should include hard
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`tabs. This provision also applies to papers filed under seal.
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`18.12.
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`Motions in Limine. Motions in limine shall not be
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`separately filed. All in limine requests and responses thereto shall be set forth in
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`the proposed pretrial order. Each SIDE shall be limited to three (3) in limine
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`requests, unless otherwise permitted by the Court. The in limine request and any
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`response shall contain the authorities relied upon; each in limine request may be
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`supported by a maximum of three (3) pages of argument, (exchange on or before
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`May 1, 2025), may be opposed by a maximum of three (3) pages of argument,
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`(exchange on or before May 15, 2025), and the side making the in limine request
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`may add a maximum of one (1) additional page in reply in support of its request.
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`(exchange on or before May 22, 2025). If more than one party is supporting or
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`opposing an in limine request, such support or opposition shall be combined in a
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`single three (3) page submission (and, if the moving party, a single one (1) page
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`reply), unless otherwise ordered by the Court. No separate briefmgbriefing shall be
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`submitted on in limine requests, unless otherwise permitted by the Court.
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` 19.13. ________________________ Pretrial Conference. On
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`, [June 9,
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`2025], the Court will hold a pretrial conference in Court with counsel beginning at
`
`
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`.m. Unless otherwise ordered by the Court, the parties should assume
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`that filing the pretrial order satisfies the pretrial disclosure requirement of Federal
`
`Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the joint
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`proposed final pretrial order in compliance with Local Rule 16.3(c) and the
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`Court's Preferences and Procedures for Civil Cases not later than seven (7) days
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`before the pretrial conference. Unless otherwise ordered by the Court, the parties
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`shall comply with the time frames set forth in Local Rule 16.3(d)(l)-(3) for the
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`preparation of the joint proposed final 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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`
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`Case 1:23-cv-01237-GBW Document 32-3 Filed 06/13/24 Page 20 of 21 PageID #: 2155
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`20.14.
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`Jury Instructions, Voir Dire, and Special Verdict Forms.
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`Where a case is to be tried to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1
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`the parties should file (i) proposed voir dire, (ii) preliminary jury instructions, (iii)
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`final jury instructions, and (iv) special verdict forms seven (7) business days before
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`the final pretrial conference. This submission shall be accompanied by a courtesy
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`copy containing electronic files of these documents, in Microsoft Word format,
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`which 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) day jury2 trial beginning
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`at 9:30 a.m. on , [June 16, 2025, or as soon thereafter that is convenient for the
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`Court], with the subsequent trial days beginning at 9:30 a.m. Until the case is
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`submitted to the jury for deliberations, the jury will be excused each day at 5:30
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`p.m. The trial will be timed, as counsel will be allocated a total number of hours in
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`which to present their respective cases.
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`22.16.
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`Judgment on Verdict and Post-Trial Status Report. Within
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`seven (7) days after a jury returns a verdict in any portion of a jury trial, the parties
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`shall jointly submit a form of order to enter judgment on the verdict. At the same
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`time, the parties shall submit a joint status report, indicating among other things
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`2 Defendant waives its right to a jury trial on its Count VI.
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`
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`Case 1:23-cv-01237-GBW Document 32-3 Filed 06/13/24 Page 21 of 21 PageID #: 2156
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`how the case should proceed and listing any post-trial motions each party intends
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`to file.
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`Court, all
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`23.17.
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`Post-Trial Motions. Unless otherwise ordered by the
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`SIDES are limited to a maximum of 20 pages of opening briefs, 20 pages of
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`answering briefs, and 10 pages of reply briefs relating to any post-trial motions
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`filed by that side, no matter how many such motions are filed.
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`24.18.
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`ADR Process. This matter is referred to a magistrate
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`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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`
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