`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
`
`OANDACorporation,
`
`Plaintiff,
`
`V.
`
`Civil Action No. 20-05784-BRM-DEA
`
`GAIN Capital Holdings Inc.,
`GAIN Capital Group,LLC,
`Defendants,
`
`
`SCHEDULING ORDER
`
`Document Filed Electronically
`
`THIS MATTER having come before the Court for an Initial Conference
`pursuant to Fed. R. Civ. P. 16 on June 15, 2021; andthe parties having submitted a
`
`proposed joint discovery plan in advance of the conference; and the Court having
`reviewed the parties’ proposed schedule and having found that the below schedule
`is appropriate; and for good cause shown,
`IT IS onthis Ley of(hous
`S
`ORDEREDthat the following schedule shall apply to this matter:
`
`
`Event =~
`
`
` June 16, 2021
`
`Initial Disclosures
`e
`14 days after 26(f) conference
`
`
`
`
`Submit Stipulated Discovery Confidentiality Order (L.
`
`Pat. R. 3.24
`June 29, 2021
`
`e
`14 daysafterinitial scheduling conference
`
`
`Plaintiff serves disclosure ofasserted,claims and
`
` July 20, 2021
`
`infringement contentions (L. Pat. R.
`3.1-3.2)
`
`¢
`14 daysafter initial scheduling conference
`
`
`Defendants serve non-infringement/invalidity
`
`September 3, 2021
`contentions (L. Pat. R. 3.2A, 3.3)
`
`ke nha‘ub
`inCinidbee
`Aveer 26; 262.|
`
`
`
`
`
`Case 3:20-cv-05784-ZNQ-DEA Document 83 Filed 08/11/21 Page 2 of 4 PagelD: 3082
`
`Dates
`Event
`
`e 45 days afterdisclosure ofasserted Claims
`—
`
`Plaintiff serves responses to invalidity contentions (L.
`September 17, 2021
`Pat. R. 3.4A)
`¢
`14 daysafter service of invalidity contentions
`
`rye ofproposed terms for construction (L. Pat. R.
`¢
`14 days after responses to invalidity contentions
`
`Exchange ofpreliminary claimconstructions and
`su pone intrinsic and extrinsic evidence(L.Pat. R.
`a) and
`(b))
`e
`21 days after exchange of proposed terms for
`construction
`
`October [, 2021
`
`October 22, 2021
`
`
`
`November j, 2021 at
`Telephone Status Conference with Judge Arpert 10°30ary
`
`(Plaintiff to initiate)
`
`Exchangeofidentification ofall intrinsic and extrinsic
`November5, 2021
`evidence that cach party intends to rely upon to oppose
`any other party's proposed construction, including
`without limitation, the evidence referenced in L,
`Pat. R.
`4,2(b). (L, Pat. R. 4.2(c))
`«
`14 days after exchange ofpreliminary claim
`constructions
`
`Filing ofjoint claim construction and prehearing
`statement(L. Pat. R. 4,3)
`° 30 days after exchange of preliminary claim
`constructions
`
`ayes of claim construction discovery (L. Pat. R.
`¢ 30 days after service andfiling ofjoint claim
`construction and prehearing statement
`
`Penye claim construction submission (L.Pat. R.
`e 45 daysafter servingand filing joint claim
`construction and prehearing statement
`
`Completion of expert discovery related to opening claim
`February 28, 2022
`construction submission (L, Pat. R. 4.5(b))
`e 30 days afterfiling the opening claim construction
`submission
`aeponsive claim construction submission (L. Pat. R.
`(ce
`.
`*
`60 daysafter filing the opening claim construction
`submission
`
`
`
`
`(a
`
`:
`
`November22, 2021
`
`January 12, 2022
`
`January 27, 2022
`
`March 28, 2022
`
`
`
`Case 3:20-cv-05784-ZNQ-DEA Document 83 Filed 08/11/21 Page 3 of 4 PagelD: 3083
`
`
`
`
`
`
`
`
`
`
`Dates
`
`
`
`
`Confer and propose a schedule for claim construction
`
`
`
`April 11, 2022
`hearing (L.
`Pat. R. 4.6)
`
`
`¢ Two weeks followingsubmission ofresponsive
`claim construction submission
`
`
`
`
`
`Claim construction hearing (L. Pat. R. 4.6)
`[TBD]
`
`April 25, 2022
`Deadline to file motions to amendorto addparties
`
`
`
`[TBD]
`Disclosure of advice of counsel (L. Pat. R. 3.8)
`
`
`
`¢
`30 days after entry of court’s claim construction
`
`order
`
`
`Substantial completion of document production and
`so ofsubstantial completion (L. Pat. R.
`Ata
`
`
`
`
`Close of fact discovery
`
`Opening expert reports on issues on which a party bears
`
`the burden of proof
`
`
`
`
`Responsive expert reports, including Plaintiff's opening
`
`
`positions on secondary considerations
`
`
`Reply expert reports, including Defendants’ responsive
`
`
`
`positions on secondary considerations
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`considerations
`
`Deadlineto file dispositive motions
`Interim status/settlement conference (with clients in
`attendance)
`
`[TBD]
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`It is further ORDEREDthatthe parties shall meet and confer within seven days of
`the entry of the Court’s claim construction Orderin an effort to reach a consensus
`
`for the submission of a proposed supplemental Scheduling Order regardingall
`remaining pretrial matters, The parties shall submit the proposed supplemental
`3
`
`
`
`Case 3:20-cv-05784-ZNQ-DEA Document 83 Filed 08/11/21 Page 4 of 4 PagelD: 3084
`
`Scheduling Order and any statementsof position in the event the parties cannot
`agree on any scheduling or other issues within seven business days after meeting
`and conferring as aforesaid.
`
`
`
`
`
`
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