Case 3:17-cv-02398-DMS-MDD Document 98 Filed 03/08/18 PageID.428 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`QUALCOMM INCORPORATED,
`Plaintiff,
`
`v.
`APPLE INCORPORATED,
`
`Defendant.
`
`Case No.: 17cv2398 DMS(MDD)
`
`CASE MANAGEMENT ORDER
`REGULATING DISCOVERY AND
`OTHER PRETRIAL PROCEEDINGS
`IN A PATENT CASE
`
`On March 1, 2018, the Court held a Case Management Conference. After consulting
`with counsel and being advised of the status of the case, IT IS HEREBY ORDERED:
`1.
`The parties shall file a joint motion for a protective order, which includes the
`terms of their agreement for handling confidential documents and information, on or before
`March 15, 2018.
`2.
`Any motion to join other parties, to amend the pleadings, or to file additional
`pleadings shall be filed on or before April 2, 2018.
`On or before May 22, 2018, each party claiming patent infringement shall
`3.
`separately serve on all parties a Disclosure of Asserted Claims and Preliminary
`Infringement pursuant to Patent L.R. 3.1 and produce documents as required by Patent L.R.
`3.2. Plaintiff is directed to select no more than two (2) claims from each patent, or no more
`than ten (10) claims total, to assert against Defendant. Plaintiff’s infringement contentions
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:28)(cid:16)(cid:19)(cid:19)(cid:20)(cid:21)(cid:27)(cid:3)
`(cid:52)(cid:88)(cid:68)(cid:79)(cid:70)(cid:82)(cid:80)(cid:80)(cid:3)(cid:21)(cid:19)(cid:19)(cid:27)(cid:15)(cid:3)(cid:83)(cid:17)(cid:20)
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`Case 3:17-cv-02398-DMS-MDD Document 98 Filed 03/08/18 PageID.429 Page 2 of 7
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`shall consist of one (1) representative version of each of Defendant’s accused products for
`the asserted claims of the patents in suit.
`On or before July 23, 2018, each party opposing a claim of infringement shall
`4.
`serve Invalidity Contentions pursuant to Patent L.R. 3.3 and produce documents as required
`by Patent L.R. 3.4. The contentions shall be directed at the claims Plaintiff selected for its
`infringement contentions. Defendant shall include no more than ten (10) prior art
`combinations it contends invalidate based on obviousness.
`5.
`Counsel shall meet and confer and select no more than ten (10) claim terms
`or phrases for construction by the Court.
`On or before August 6, 2018, the parties shall exchange Preliminary Claim
`6.
`Constructions pursuant to Patent L.R. 4.1(a) and identify extrinsic evidence as required by
`Patent L.R. 4.1(b).
`On or before August 20, 2018, the parties shall exchange Responsive Claim
`7.
`Constructions pursuant to Patent L.R. 4.1(c) and identify extrinsic evidence as required by
`Patent L.R. 4.1(d).
`On or before September 4, 2018, parties shall complete and file a Joint Claim
`8.
`Construction Chart, Joint Claim Construction Worksheet, and Joint Hearing Statement
`pursuant to Patent L.R. 4.2.
`9.
`All discovery intended for use in the Claim Construction Hearing must be
`completed by October 2, 2018. See Patent L.R. 4.3.
`10. On or before October 16, 2018, the parties must file simultaneously their
`Opening Claim Construction Briefs. See Patent L.R. 4.4(a).
`11. On or before October 30, 2018, the parties must file simultaneously their
`Responsive Claim Construction Briefs. See Patent L.R. 4.4(b).
`12. Absent leave of Court, the provisions of Civil Local Rule 7.1.h for length of
`briefs for supporting and reply memoranda shall apply to the length of opening and
`responsive claim construction briefs.
`The Claim Construction hearing will be held November 14, 2018, at 9:00
`13.
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:28)(cid:16)(cid:19)(cid:19)(cid:20)(cid:21)(cid:27)(cid:3)
`(cid:52)(cid:88)(cid:68)(cid:79)(cid:70)(cid:82)(cid:80)(cid:80)(cid:3)(cid:21)(cid:19)(cid:19)(cid:27)(cid:15)(cid:3)(cid:83)(cid:17)(cid:21)
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`a.m.. See Patent L.R. 4.5.
`14. All fact discovery shall be completed by all parties on or before March 13,
`2019. “Completed” means that all discovery under Rules 30-36 of the Federal Rules of
`Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient
`period of time in advance of the cut-off date, so that it may be completed by the cut-off
`date, taking into account the times for service, notice, and response as set forth in the
`Federal Rules of Civil Procedure, and any motions and the resolution of any discovery
`disputes. All disputes concerning discovery shall be brought to the attention of the
`Magistrate Judge no later than thirty (30) days following the date upon which the event
`giving rise to the discovery dispute occurred. Counsel shall meet and confer pursuant to
`the requirements of Federal Rule of Civil Procedure 26 and Civil Local Rule 26.1(a).
`Counsel are to comply with the chambers rules of the Magistrate Judge in bringing
`discovery before the court.
`15. On or before January 13, 2019, all parties shall exchange with all other
`parties a list of all expert witnesses expected to be called at trial. The list shall include the
`name, address, and telephone number of the expert and a brief statement identifying the
`subject areas as to which the expert is expected to testify. The list shall also include the
`normal rates the expert charges for deposition and trial testimony. On or before February
`3, 2019, any party may supplement its designation in response to any other party’s
`designation so long as that party has not previously retained an expert to testify on that
`subject.
`Each expert designated by a party shall prepare a written report to be provided
`16.
`to all other parties no later than April 10, 2019, containing information required by Federal
`Rule of Civil Procedure 26(a)(2)(A) and (B). Except as provided below, any party that
`fails to make these disclosures shall not, absent substantial justification, be permitted to
`use evidence or testimony not disclosed at any hearing or at the time of trial. In addition,
`the Court may impose sanctions as permitted by Federal Rule of Civil Procedure 37.
`17. Any party, through any designated expert, shall in accordance with Federal
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:28)(cid:16)(cid:19)(cid:19)(cid:20)(cid:21)(cid:27)(cid:3)
`(cid:52)(cid:88)(cid:68)(cid:79)(cid:70)(cid:82)(cid:80)(cid:80)(cid:3)(cid:21)(cid:19)(cid:19)(cid:27)(cid:15)(cid:3)(cid:83)(cid:17)(cid:22)
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`Case 3:17-cv-02398-DMS-MDD Document 98 Filed 03/08/18 PageID.431 Page 4 of 7
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`Rules of Civil Procedure 26(a)(2)(D) and 26(e)(2), supplement any of its expert reports
`regarding evidence intended solely to contradict or rebut evidence on the same subject
`matter identified in an expert report submitted by another party. Any such supplemental
`reports are due on or before May 8, 2019.
`Expert discovery shall be completed by all parties on or before June 5, 2019.
`18.
`19. All other dispositive motions, including those addressing Daubert issues, shall
`be FILED on or before June 19, 2019. Please be advised that counsel for the moving party
`must obtain a motion hearing date from the law clerk of the judge who will hear the motion.
`Failure of counsel to timely request a motion date may result in the motion not being heard.
`20. Briefs or memoranda in support of or in opposition to any pending motion
`shall not exceed twenty-five (25) pages in length without permission of the judge or
`magistrate judge who will hear the motion. No reply memorandum shall exceed ten (10)
`pages without leave of the judge or magistrate judge who will hear the motion.
`21. A Mandatory Settlement Conference shall be conducted on October 19, 2018,
`at 9:30 a.m., in the chambers of Magistrate Judge Dembin. Counsel shall submit
`confidential settlement statements directly to chambers no later than October 12, 2018.
`Each party’s settlement statement shall set forth the party’s statement of the case, identify
`controlling legal issues, concisely set out issues of liability and damages, and shall set forth
`the party’s settlement position, including the last offer or demand made by that party, and
`a separate statement of the offer or demand the party is prepared to make at the settlement
`conference. Settlement conference briefs shall not be filed with the Clerk of the Court, nor
`shall they be served on opposing counsel.
`If a brief is more than 20 pages or contains
`tabbed exhibits, a courtesy copy must be provided to chambers.
`22.
`Pursuant to Local Civil Rule 16.3, all party representatives and claims
`adjusters for insured defendants with full and unlimited authority to negotiate and enter
`into a binding settlement, as well as the principal attorney(s) responsible for the litigation,
`must be present and legally and factually prepared to discuss and resolve the case at the
`mandatory settlement conference. Retained outside corporate counsel shall not appear on
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:28)(cid:16)(cid:19)(cid:19)(cid:20)(cid:21)(cid:27)(cid:3)
`(cid:52)(cid:88)(cid:68)(cid:79)(cid:70)(cid:82)(cid:80)(cid:80)(cid:3)(cid:21)(cid:19)(cid:19)(cid:27)(cid:15)(cid:3)(cid:83)(cid:17)(cid:23)
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`behalf of a corporation as the party who has the authority to negotiate and enter into a
`settlement. Failure to attend the conference or obtain proper excuse will be considered
`grounds for sanctions.
`23. Counsel shall submit their Memoranda of Law or Contentions of Fact on or
`before August 23, 2019.
`24. All parties or their counsel shall fully comply with the Pretrial Disclosure
`requirements of Fed. R. Civ. P. 26(a)(3) on or before August 23, 2019. Failure to comply
`with these disclosures requirements could result in evidence preclusion or other sanctions
`under Fed. R. Civ. P. 37.
`Pursuant to Local Civil Rule 16.1(f)(4), on or before August 30, 2019, the
`25.
`parties shall meet and confer to comply with the provisions of that section and prepare a
`proposed pretrial order in accordance with Local Rule 16.1(f)(6)(c), and containing the
`following:
`
`A joint neutral statement to be read to the jury, not in excess of one
`a.
`page, of the nature of the case and the claims and defenses.
`b.
`A list of the causes of action to be tried, referenced to the Complaint.
`For each cause of action, the order shall succinctly list the elements of the claim, damages
`and any defenses. A cause of action in the Complaint which is not listed shall be dismissed
`with prejudice.
`c.
`
`i.
`
`ii.
`
`iii.
`
`A list, in alphabetical order, of:
`Each witness counsel actually expect to call at trial with a brief
`statement, not exceeding four sentences, of the substance of the
`witnesses’ testimony.
`Each expert witness counsel actually expect to call at trial with a
`brief statement, not exceeding four sentences, of the substance of
`the expert witnesses’ testimony.
`Additional witnesses, including experts, counsel do not expect to
`call at this time but reserve the right to call at trial along with a
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:28)(cid:16)(cid:19)(cid:19)(cid:20)(cid:21)(cid:27)(cid:3)
`(cid:52)(cid:88)(cid:68)(cid:79)(cid:70)(cid:82)(cid:80)(cid:80)(cid:3)(cid:21)(cid:19)(cid:19)(cid:27)(cid:15)(cid:3)(cid:83)(cid:17)(cid:24)
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`d.
`
`ii.
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`brief statement, not exceeding four sentences, of the substance of
`the witnesses’ testimony.
`A list of:
`i.
`All exhibits that counsel actually expect to offer at trial with a
`one-sentence description of the exhibit. All exhibits are to be
`identified numerically, plaintiff starting with “1” and defendant
`beginning with an agreed upon numerical designation.
`All other exhibits that counsel do not expect to offer at this time
`but reserve the right to offer if necessary at trial with a one-
`sentence description of the exhibit.
`A statement of all facts to which the parties stipulate. This statement
`e.
`shall be on a separate page and will be read to and provided to the jury.
`f.
`A list of all deposition transcripts by page and line, or videotape
`depositions by section, that will be offered at trial.
`g.
`Counsel will note any objections they have to any other parties’ Fed. R.
`Civ. P. 26 (a)(3) Pretrial Disclosures.
`The Court encourages the parties to consult with the assigned magistrate judge to
`work out any problems in preparation of the proposed pretrial order. Judge Sabraw will
`entertain any questions concerning the conduct of the trial at the pretrial conference.
`27. Counsel for plaintiff will be responsible for preparing the pretrial order and
`arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f)(6)(a). On or before
`September 6, 2019, plaintiff’s counsel must provide opposing counsel with the proposed
`pretrial order for review and approval. Opposing counsel must communicate promptly
`with plaintiff’s attorney concerning any objections to form or content of the pretrial order,
`and both parties should attempt promptly to resolve their differences, if any, concerning
`the order.
`The proposed final pretrial conference order, including objections counsel
`28.
`have to any other party’s Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared,
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:28)(cid:16)(cid:19)(cid:19)(cid:20)(cid:21)(cid:27)(cid:3)
`(cid:52)(cid:88)(cid:68)(cid:79)(cid:70)(cid:82)(cid:80)(cid:80)(cid:3)(cid:21)(cid:19)(cid:19)(cid:27)(cid:15)(cid:3)(cid:83)(cid:17)(cid:25)
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`served and lodged with Judge Sabraw’s chambers on or before September 13, 2019, and
`shall be in the form prescribed in and in compliance with Local Rule 16.1(f)(6)(c). Counsel
`shall also bring a court copy of the pretrial order to the pretrial conference.
`29.
`The final pretrial conference shall be held before Judge Sabraw, United States
`District Court Judge, on September 20, 2019 at 10:30 a.m., during which time the Court
`will address the submission of motions in limine, trial briefs, proposed voir dire and jury
`instructions. The trial is scheduled to commence on October 21, 2019, at 9:00 a.m.
`30.
`The dates and times set forth herein will not be modified except for good cause
`shown.
`Plaintiff’s counsel shall serve a copy of this order on all parties that enter this
`31.
`case hereafter.
`IT IS SO ORDERED.
`Dated: March 8, 2018
`
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`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:28)(cid:16)(cid:19)(cid:19)(cid:20)(cid:21)(cid:27)(cid:3)
`(cid:52)(cid:88)(cid:68)(cid:79)(cid:70)(cid:82)(cid:80)(cid:80)(cid:3)(cid:21)(cid:19)(cid:19)(cid:27)(cid:15)(cid:3)(cid:83)(cid:17)(cid:26)
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