Case 2:23-cv-01161-MEF-LDW Document 31 Filed 08/23/23 Page 1 of 5 PageID: 1375
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`Civil Action No.
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`23-1161 (MEF) (LDW)
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`PRETRIAL SCHEDULING ORDER
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`JAWBONE INNOVATIONS, LLC,
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`Plaintiff,
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`v.
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`SONY ELECTRONICS INC. ,
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`Defendant.
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`THIS MATTER having come before the Court for a scheduling conference pursuant to
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`Rule 16 of the Federal Rules of Civil Procedure on August 23, 2023, and the Court having
`discussed with counsel the appropriate next steps for this action in light of defendant’s pending
`inter partes review petitions for the patents in suit; and the Court finding good cause to set the
`following partial schedule while the parties await decision on institution of inter partes review, to
`be discussed at the next status conference as scheduled herein:
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`IT IS on this 23rd day of August 2023,
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`ORDERED THAT:
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`I. DISCLOSURES
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`1.
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`Fed. R. Civ. P. 26 disclosures have been exchanged.
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`II. DISCOVERY
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`Fact discovery is to remain open through a date to be assigned. No fact discovery
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`is to be issued or engaged in beyond that date, except upon application and for good cause shown.
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`The parties may, if not already served, serve interrogatories (limited to twenty-five
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`3.
`(25) single questions) and requests for production of documents on or before October 2, 2023, to
`be responded to within thirty (30) days of receipt.
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`Depositions of fact witnesses and individuals who will give lay opinion testimony
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`based on particular competence in an area are to be completed by a date to be assigned. No
`objections to questions posed at depositions shall be made other than as to lack of foundation,
`form, or privilege. See Fed. R. Civ. P. 32(d)(3)(A). No instruction not to answer shall be given
`unless a privilege is implicated.
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`Plaintiff shall serve its Disclosure of Asserted Claims and Infringement
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`Contentions pursuant to L. Pat. R. 3.1 on or before September 20, 2023.
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`Defendant shall serve its Non-Infringement Contentions pursuant to L. Pat. R. 3.2A
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`on or before January 26, 2024.
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`Defendant shall serve its Invalidity Contentions pursuant to L. Pat. R. 3.3 on or
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`before January 26, 2024.
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`Plaintiff shall serve its Responses to Invalidity Contentions pursuant to L. Pat R.
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`3.4A on or before a date to be assigned.
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`The parties shall exchange proposed claim terms for construction pursuant to L.
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`Pat. R. 4.1(a) on or before a date to be assigned.
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`The parties shall exchange preliminary proposed constructions and identification
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`of extrinsic evidence pursuant to L. Pat. R. 4.2(a)–(b) on or before a date to be assigned.
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`The parties shall exchange identifications of all intrinsic and extrinsic evidence they
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`intend to rely upon in opposing any proposed claim construction, pursuant to L. Pat. R. 4.2(c), on
`or before a date to be assigned. The parties shall thereafter meet and confer to narrow the issues
`in dispute.
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`The parties shall file a Joint Claim Construction and Prehearing Statement pursuant
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`to L. Pat. R. 4.3 on or before a date to be assigned.
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`The parties shall complete fact discovery relating to claim construction pursuant to
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`L. Pat. R. 4.4 on or before a date to be assigned.
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`The parties shall file and serve their opening Markman submissions pursuant to L.
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`Pat. R. 4.5(a) on or before a date to be assigned.
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`The parties shall complete expert discovery pertaining to Markman issues pursuant
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`to L. Pat. R. 4.5(b) on or before a date to be assigned.
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`The parties shall file and serve their responding Markman submissions pursuant to
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`L. Pat. R. 4.5(c) on or before a date to be assigned.
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`The parties shall submit to the Court a proposed schedule for a Markman hearing
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`pursuant to L. Pat. R. 4.6 on or before a date to be assigned.
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`Counsel shall confer in a good faith attempt to informally resolve any and all
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`discovery or case management disputes before seeking the Court’s intervention. See L. Civ. R.
`37.1(a)(1); see also L. Civ. R. 16.1(f)(1). Any dispute not resolved shall be brought to the Court’s
`attention by letter or telephone conference after the parties’ good faith attempt to resolve the
`dispute has failed. Counsel shall advise the Court of the specific efforts that were made to resolve
`the dispute before contacting the Court. No discovery motion shall be made without prior leave
`of Court.
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`III. DISCOVERY CONFIDENTIALITY ORDERS
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`Any proposed Discovery Confidentiality Order agreed to by the parties must strictly
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`comply with Fed. R. Civ. P. 26(c) and L. Civ. R. 5.3. See also Glenmede Trust Co. v. Thompson,
`56 F.3d 476 (3d Cir. 1995); Pansy v. Borough of Stroudsburg, 23 F.3d 772 (3d Cir. 1994). The
`parties are advised that a sample form of Discovery Confidentiality Order is contained in Appendix
`S to the Local Civil Rules.
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`IV. FUTURE CONFERENCES
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`There shall be a telephonic status conference before the undersigned on January
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`15, 2024 at 2:00 p.m. The parties shall file concise status letters no later than three business days
`in advance of the conference. Plaintiff’s counsel shall initiate the telephone call to 973-645-3574
`once representatives for all parties are on the line.
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`The Court may from time to time schedule further conferences as may be required,
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`either sua sponte or at the request of a party.
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`Counsel should be prepared to discuss settlement at every conference. The senior
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`attorney in charge of the case must attend all settlement conferences and client(s) with full
`settlement authority must attend unless excused by the Court. In cases involving insurance
`companies and other corporate or business entities, it is expected that the executive who will make
`the final decision on the settlement will be the person available for the conference. Confidential
`settlement letters shall be sent to LDW_orders@njd.uscourts.gov at least three business days
`prior to the conference.
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`Since all dates set forth herein are established with the assistance and knowledge
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`of counsel, there will be no extensions except for good cause shown and by leave of Court, even
`with consent of all counsel.
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`A copy of every pleading, document, or written communication with the Court shall
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`be served on all other parties to the action or may be disregarded by the Court.
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`V. MOTIONS
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`No motions are to be filed without prior written permission from this Court,
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`excepting motions in lieu of Answer under Fed. R. Civ. P. 12. These prerequisites must be met
`before any motions are filed and the motions will be returned if not met. All calendar or dispositive
`motions, if permitted, shall comply with L. Civ. R. 7.1(b) and other applicable local and federal
`rules.
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`Any request for leave to file a motion to add new parties or amend pleadings,
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`whether by amended or third-party complaint, must be filed not later than September 27, 2023.
`Before seeking Court leave to file a motion to amend a pleading, a party shall circulate the
`proposed amended pleading among all parties in an effort to obtain consent to the amendment.
`Any request for leave of the Court to file a motion to amend shall contain a redlined version of the
`proposed amended pleading as an exhibit.
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`All dispositive motions must first be subject to a dispositive motion pre-hearing.
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`Discovery generally must be completed prior to the filing of a dispositive motion.
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`VI. EXPERTS
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`All affirmative expert reports shall be delivered by a date to be assigned. Any
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`such report shall comport with the form and content requirements of Fed. R. Civ. P. 26(a)(2)(B).
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`All rebuttal expert reports shall be delivered by a date to be assigned. Any such
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`report shall comport with the form and content requirements referenced above.
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`All reply expert reports shall be delivered by a date to be assigned. Any such
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`report shall comport with the form and content requirements referenced above.
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`No expert shall testify at trial as to any opinions or base those opinions on facts not
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`substantially disclosed in his report.
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`Expert discovery, including the depositions of any expert witnesses, shall be
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`completed on or before a date to be assigned.
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`VII. FINAL PRETRIAL CONFERENCE
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`A final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(e) at
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`a time and date to be assigned.
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`All counsel are directed to assemble at the office of plaintiff's counsel not later than
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`ten (10) days before the final pretrial conference to prepare the Final Pretrial Order in compliance
`with the form and content requirements of the Court. Plaintiff’s counsel shall prepare the Final
`Pretrial Order and shall submit it to all other counsel for approval before submitting it to the Court.
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`The original of the Final Pretrial Order shall be delivered to Chambers in hard copy
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`not later than three full business days before the final pretrial conference. All counsel are
`responsible for the timely submission of the Final Pretrial Order.
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`FAILURE TO FOLLOW THIS ORDER MAY RESULT IN SANCTIONS
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`PURSUANT TO Fed. R. Civ. P. 16(f) and 37.
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`Case 2:23-cv-01161-MEF-LDW Document 31 Filed 08/23/23 Page 5 of 5 PageID: 1379
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` s/ Leda Dunn Wettre
`Hon. Leda Dunn Wettre
`United States Magistrate Judge
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`Clerk of the Court
`Hon. Michael E. Farbiarz, U.S.D.J.
`All Parties
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`Original:
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`5
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