Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 1 of 8 PageID #: 1314
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`Civil Action No. 18-452-WCB
`
`Civil Action No. 18-826-WCB
`
`IOENGINE, LLC,
`
`
`Plaintiff,
`
`v.
`
`Defendant.
`
`
`
`
`PAYPAL HOLDINGS, INC.,
`
`
`INGENICO INC.,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`IOENGINE, LLC,
`
`
`Defendant.
`
`________________________________________
`
`
`
`
`
`
`
`IOENGINE, LLC,
`
`
`
` §
`
`
`
`
`
`
` §
`
` §
`Counterclaim Plaintiff,
`
` §
`
`
`
`
`
`
`v.
`
`
`
`
` §
`
`
`
`
`
`
`
` §
`INGENICO INC.,
`
`
`
` §
`INGENICO CORP., and
`
`
` §
`INGENICO GROUP, S.A.,
`
`
` §
`
`
`
`
`
`
` §
`
` §
`Counterclaim Defendants.
`
`_________________________________________
`
`
`
`
`
`1
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`

`

`Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 2 of 8 PageID #: 1315
`
`REVISED SCHEDULING ORDER
`
`
`
`The Court adopts the following revised scheduling order for these consolidated cases based
`
`on the parties’ proposed scheduling order filed on November 27, 2018, discussions with the parties at
`
`the Rule 16(b) scheduling conference held on December 17, 2018, and comments from the parties by
`
`letter on January 18, 2019.
`
`
`
`With respect to several of the matters discussed at the scheduling conference and covered in
`
`the parties’ proposed scheduling order filed on November 27, 2018, the Court directed the parties to
`
`meet and confer in an effort to reach agreement. The parties did not report any agreement on those
`
`subjects in their January 18, 2019, letter to the Court. This order does not address those matters, which
`
`include discovery from prior cases, early disclosure of financial information, disclosure of licenses
`
`and settlement agreements, the number of requests for admissions, the number of hours for deposition
`
`discovery of Mr. McNulty, and the scope of email discovery. If the parties are unable to agree among
`
`themselves as to those matters, they may apply to the Court to resolve any remaining disagreements.
`
`
`
`1. Resolution of Discovery Disputes. In the event of any disputes over discovery issues that
`
`the parties cannot resolve after meeting and conferring and for which the parties need the Court’s
`
`intervention, the parties may proceed either by motion or by letter. If the parties need an immediate
`
`decision, they should contact the Court’s law clerk, Mr. Jesse Vella, at vellaj@cafc.uscourts.gov, to
`
`schedule a telephonic conference. Unless otherwise ordered, the party seeking relief shall file a letter,
`
`no later than 72 hours before the conference, setting forth the issues in dispute and the party’s position
`
`on those issues. Any party opposing the application for relief shall file a letter no later than 24 hours
`
`before the conference setting forth the party’s position on the issues.
`
`
`
`2
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`

`

`Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 3 of 8 PageID #: 1316
`
`
`
`2. Papers Filed Under Seal. In accordance with section G of the Administrative Procedures
`
`Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall
`
`be filed electronically within seven (7) days of the filing of the sealed document. Should any party
`
`intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a
`
`teleconference), such party should expressly note that intent at the start of the court proceeding.
`
`Should the party subsequently choose to make a request for sealing or redaction, it must, promptly
`
`after the completion of the transcript, file with the Court a motion for sealing/redaction, and include
`
`as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and
`
`read the text proposed to be sealed/redacted, and (2) a copy of the sealed/redacted transcript. With
`
`the request, the party seeking redactions must demonstrate why there is good cause for the redactions
`
`and why disclosure of the redacted material would work a clearly defined and serious injury to the
`
`party seeking redaction or to a third party.
`
`
`
`3. Parties’ Paragraph 4 Disclosures and Other Discovery. The Court is advised that many of
`
`the disclosures required by the District of Delaware’s Default Standard for Discovery Including
`
`Discovery of Electronically Stored Information have already been made. The remaining required
`
`disclosures will be made in accordance with the following schedule. Ingenico’s remaining paragraph
`
`4(b) disclosures will be made by January 28, 2019. IOENGINE’s paragraph 4(c) disclosures—initial
`
`claim charts—will be made by March 1, 2019. If IOENGINE identifies no more than 20 asserted
`
`claims in its paragraph 4(c) disclosures as of that date, PayPal and Ingenico’s paragraph 4(d)
`
`disclosures—initial invalidity contentions and the related invalidating references—will be made by
`
`April 5, 2019. If IOENGINE does not reduce the number of its asserted claims to 20 or fewer by
`
`March 1, 2019, Pay Pal and Ingenico’s paragraph 4(d) disclosures will be made by May 6, 2019; in
`
`
`
`3
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`

`

`Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 4 of 8 PageID #: 1317
`
`that event, IOENGINE will be required to make a substantial reduction in the number of its asserted
`
`claims by May 20, 2019, and to report to the Court by that date which claims it intends to assert at
`
`trial.
`
`
`
`Jurisdictional discovery will close on June 3, 2010. The defendants may renew their motion
`
`to dismiss Ingenico France as a defendant by so advising the Court by June 10, 2019, of their
`
`intention to do so. IOENGINE will then be allowed to supplement its response to the defendants’
`
`motion to dismiss Ingenico France in a filing of no more than 15 pages in length to be submitted by
`
`June 17, 2019. The defendants will be permitted to file a reply to that supplemental response of no
`
`more than 15 pages in length, within 14 days of the filing of IOENGINE’s supplemental response.
`
`
`
`
`
`Fact discovery will close on October 30, 2019.
`
`4. Joinder of Other Parties and Amendment of Pleadings. The deadline for joinder of other
`
`parties and amendment of pleadings will be June 4, 2019.
`
`
`
`5. Claim Construction Issue Identification. On or before June 4, 2019, the parties shall
`
`exchange a list of those claim terms or phrases that they believe need construction and their proposed
`
`construction of those terms or phrases. That document will not be filed with the Court. Subsequent
`
`to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart,
`
`which is to be filed with the Court no later than June 25, 2019. The parties' Joint Claim Construction
`
`Chart should identify for the Court the terms or phrases of the claims at issue and should include each
`
`party's proposed construction of the disputed claim language with citations to the intrinsic and
`
`extrinsic evidence in support of their respective proposed construction. The parties shall attach
`
`copies of those portions of the record relied on by each party in connection with the constructions
`
`set forth in the Joint Claim Construction Chart.
`
`
`
`4
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`

`

`Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 5 of 8 PageID #: 1318
`
`6. Claim Construction Briefing. The plaintiff shall serve and file its opening claim
`
`construction brief, not to exceed 5,500 words, by July 15, 2019. The defendant shall serve and file
`
`its answering brief, not to exceed 8,250 words, by August 1, 2019. The plaintiff shall serve and file
`
`its reply brief, not to exceed 5,500 words, by August 15, 2019. The defendant shall serve and file its
`
`sur-reply brief, not to exceed 2,750 words, by August 26, 2019.
`
`7. Hearing on Claim Construction. If the Court determines that a claim construction hearing
`
`is needed, the hearing will be held at 10 a.m. on August 29, 2019, in Courtroom 2B of the J. Caleb
`
`Boggs Federal Building. If any party elects to present testimony at the hearing, that party must so
`
`advise the Court by letter filed at least two weeks before the hearing.
`
`Within 30 days after the Court’s claim construction ruling, PayPal and Ingenico will each
`
`advise IOENGINE if it intends to rely upon advice of counsel as a defense to willful infringement.
`
`Any opinions of counsel on which PayPal or Ingenico intend to rely as a defense to willful
`
`infringement will be produced within 15 days of the disclosure of an intent to rely on the advice of
`
`counsel.
`
`8. Disclosure of Expert Testimony. For the party that has the initial burden of proof on a
`
`particular issue, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert testimony is
`
`due on or before December 12, 2019. The supplemental disclosure to contradict or rebut evidence
`
`on the same matter identified by another party is due on or before January 13, 2020. Along with the
`
`submissions of the expert reports, the parties shall advise of the dates and times of their experts'
`
`availability for deposition. Depositions of experts shall be completed on or before February 18,
`
`2020. To the extent any objection to expert testimony is made pursuant to the principles announced
`
`in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), it shall be made by motion
`
`
`
`5
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`

`

`Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 6 of 8 PageID #: 1319
`
`no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the
`
`Court.
`
`9. Case Dispositive Motions (Other Than Motions Under Rule 12, Fed. R. Civ. P.). Each
`
`party may file as many case dispositive motions as it chooses, provided that each party will be limited
`
`to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all
`
`answering briefs, and a combined total of 5,000 words for all reply briefs regardless of the number
`
`of case dispositive motions that are filed. In the event that a party files, in addition to one or more
`
`case dispositive motions, a Daubert motion to exclude or preclude all or any portion of an expert’s
`
`testimony, the total number of words permitted for all case dispositive and Daubert motions shall be
`
`increased to a total of 12,500 words for all opening briefs, 12,500 words for all answering briefs, and
`
`6,250 words for all reply briefs for each party. Case dispositive motions will be due on or before
`
`March 16, 2020. Answering briefs will be due by April 15, 2020. Reply briefs will be due by April
`
`29, 2020. A hearing on case dispositive motions, if needed, will be conducted on May 10, 2020.
`
`10. Pretrial Conference. On July 20, 2020, the Court will hold a Rule 16(e) final pretrial
`
`conference in Court with counsel. The conference will be held at 10 a.m. in Courtroom 6C of the J.
`
`Caleb Boggs Federal Building. The parties shall file a joint proposed final pretrial order in
`
`compliance with Local Rule 16.3(c) no later than 5:00 p.m. on the third business day before the date
`
`of the final pretrial conference. Unless otherwise ordered by the Court, the parties shall comply with
`
`the timeframes set forth in Local Rule 16.3(d) for the preparation of the proposed joint final pretrial
`
`order.
`
`11. Jury Instructions, Voir Dire and Special Verdict Forms. If the case is to be tried to a jury,
`
`each party shall file (i) proposed voir dire questions, (ii) proposed preliminary jury instructions, (iii)
`
`
`
`6
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`

`

`Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 7 of 8 PageID #: 1320
`
`proposed final jury instructions, and (iv) a proposed verdict form no later than 5:00 p.m. on the third
`
`business day before the date of the final pretrial conference. See Local Rules 47.l(a)(2) and 51.1.
`
`The parties shall submit simultaneously with filing each of the foregoing four documents in Word
`
`format to brysonw@cafc.uscourts.gov.
`
`12. Trial. This matter is scheduled for two five-day jury trials. The trial in No. 18-452,
`
`IOENGINE, LLC v. PayPal Holdings, Inc. will be held between July 27, 2020, and July 31, 2020, in
`
`Courtroom 6A of the J. Caleb Boggs Federal Building. The trial in No. 18-826, IOENGINE, LLC
`
`v. Ingenico Inc. et al. and Ingenico Inc. v. IOENGINE, LLC, will be held between August 10, 2020,
`
`and August 14, 2020, in Courtroom 6A of the J. Caleb Boggs Federal Building. The trials will be
`
`timed, and each party will be allocated a total of 12 hours in which to present their respective cases,
`
`not counting opening statements and closing arguments.
`
`13. Judgment on the Verdict and Post-Trial Status Report. Within seven days after a jury
`
`returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter
`
`judgment on the verdict. At the same time, the parties shall submit a joint status report, indicating
`
`among other things how the case should proceed and listing any post-trial motions each party intends
`
`to file.
`
`14. Post-Trial Motions. Unless otherwise ordered by the Court, each party is limited to one
`
`post-trial motion addressing all post-trial issues each party elects to raise. Each party will be allowed
`
`a maximum of 40 pages for its opening brief, 40 pages for its answering brief, and 20 pages for its
`
`reply brief relating to the post-trial motions.
`
`15. Courtesy Copies. The parties are not required to provide the Court with courtesy hard
`
`copies of any materials filed electronically, except during trial.
`
`
`
`7
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`

`

`Case 1:18-cv-00826-WCB Document 57 Filed 01/28/19 Page 8 of 8 PageID #: 1321
`
`16. ADR Process. This matter is referred to a magistrate judge to explore the possibility of
`
`alternative dispute resolution.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IT IS SO ORDERED.
`
`SIGNED THIS 25th day of January, 2019.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________
`WILLIAM C. BRYSON
`UNITED STATES CIRCUIT JUDGE
`
`8
`
`PayPal Inc. v. IOENGINE, LLC
`IPR2019-00884 (US 8,539,047)
`Exhibit 2031
`
`