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`guess what I want to make sure that the Court understands is
`that in our proposal, the scheduling proposal, what we put
`together, taking the local rules, the local patent rules in
`mind, what we believe we put together was something that was
`still very aggressive and still very reasonable, and, for the
`most part, only deviated from the local rules for the time
`frames in between us by minimal amounts of dates, one day in
`some situations, 14 days in other situations.
`The issue that we have with following the local
`rules to a tee is a belief that the local rules were intended
`for the typical patent case where you have one, two, maybe
`three defendants. We have here 49 some defendants, 27 groups
`of defendants. There are three Capital One defendants. We're
`one group of 27 some groups. We think it would be -- I think
`it would be beneficial for the Court, for Maxim, for everybody
`if these opposing parties were able to coordinate their
`positions as much as possible.
`THE COURT: Just so you understand. I'm envisioning
`that you have a lead counsel representing all of the opposing
`parties. The issues, there may be some special issues for a
`particular opposing party, but by and large, I would assume
`that most of the responses coming in will be somewhat similar.
`I could be wrong in that.
`Are you envisioning that each opposing party is
`going to have their own responses, because that's not what I
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`was thinking.
`MS. ECKSTEIN: We want to achieve the same thing.
`We want to coordinate as much as possible so we have one claim
`construction group, for example, on behalf of everybody. That
`takes time, though. Frankly, this is worse than herding cats.
`THE COURT: What I'm going to leave you to do, with
`that in mind, that's why I wanted you to set aside the time
`today with the Special Master to go over it and have everyone
`be able to make whatever comments you feel are appropriate.
`The Special Master can consider those and come back and make an
`informal report to me and then I'll come back and make a final
`decision.
`
`I'm not ruling it out, I'm giving you what my
`preference would be.
`Anything else on that?
`MR. POWERS: No, Your Honor.
`THE COURT: So that's the case schedule.
`One other thing I'm going to be doing with respect
`to the Special Master, who is going to be filing an affidavit
`to demonstrate no conflicts, and then I'm going to circulate --
`it's a fairly short order, going into a little more detail
`about his payment and that type of thing so everyone will be
`able to see that and, hopefully, that will be entered
`relatively soon.
`Now, the next thing has to do with the protective
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