Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 1 of 8 PageID #: 568
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. 18-452-WCB
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`Civil Action No. 18-826-WCB
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`IOENGINE, LLC,
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`Plaintiff,
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`v.
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`Defendant.
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`PAYPAL HOLDINGS, INC.,
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`INGENICO INC.,
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`Plaintiff,
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`v.
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`IOENGINE, LLC,
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`Defendant.
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`________________________________________
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`IOENGINE, LLC,
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`Counterclaim Plaintiff,
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`v.
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`INGENICO INC.,
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`INGENICO CORP., and
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`INGENICO GROUP, S.A.,
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`Counterclaim Defendants.
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`_________________________________________
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`1
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`PayPal Ex. 1057, p. 1
`PayPal v. IOENGINE
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`Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 2 of 8 PageID #: 569
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`REVISED SCHEDULING ORDER
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`The Court adopts the following revised scheduling order for these consolidated cases based
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`on the parties’ proposed scheduling order filed on November 27, 2018, discussions with the parties at
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`the Rule 16(b) scheduling conference held on December 17, 2018, and comments from the parties by
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`letter on January 18, 2019.
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`With respect to several of the matters discussed at the scheduling conference and covered in
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`the parties’ proposed scheduling order filed on November 27, 2018, the Court directed the parties to
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`meet and confer in an effort to reach agreement. The parties did not report any agreement on those
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`subjects in their January 18, 2019, letter to the Court. This order does not address those matters, which
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`include discovery from prior cases, early disclosure of financial information, disclosure of licenses
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`and settlement agreements, the number of requests for admissions, the number of hours for deposition
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`discovery of Mr. McNulty, and the scope of email discovery. If the parties are unable to agree among
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`themselves as to those matters, they may apply to the Court to resolve any remaining disagreements.
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`1. Resolution of Discovery Disputes. In the event of any disputes over discovery issues that
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`the parties cannot resolve after meeting and conferring and for which the parties need the Court’s
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`intervention, the parties may proceed either by motion or by letter. If the parties need an immediate
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`decision, they should contact the Court’s law clerk, Mr. Jesse Vella, at vellaj@cafc.uscourts.gov, to
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`schedule a telephonic conference. Unless otherwise ordered, the party seeking relief shall file a letter,
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`no later than 72 hours before the conference, setting forth the issues in dispute and the party’s position
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`on those issues. Any party opposing the application for relief shall file a letter no later than 24 hours
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`before the conference setting forth the party’s position on the issues.
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`2
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`PayPal Ex. 1057, p. 2
`PayPal v. IOENGINE
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`Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 3 of 8 PageID #: 570
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`2. Papers Filed Under Seal. In accordance with section G of the Administrative Procedures
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`Governing Filing and Service by Electronic Means, a redacted version of any sealed document shall
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`be filed electronically within seven (7) days of the filing of the sealed document. Should any party
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`intend to request to seal or redact all or any portion of a transcript of a court proceeding (including a
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`teleconference), such party should expressly note that intent at the start of the court proceeding.
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`Should the party subsequently choose to make a request for sealing or redaction, it must, promptly
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`after the completion of the transcript, file with the Court a motion for sealing/redaction, and include
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`as attachments (1) a copy of the complete transcript highlighted so the Court can easily identify and
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`read the text proposed to be sealed/redacted, and (2) a copy of the sealed/redacted transcript. With
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`the request, the party seeking redactions must demonstrate why there is good cause for the redactions
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`and why disclosure of the redacted material would work a clearly defined and serious injury to the
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`party seeking redaction or to a third party.
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`3. Parties’ Paragraph 4 Disclosures and Other Discovery. The Court is advised that many of
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`the disclosures required by the District of Delaware’s Default Standard for Discovery Including
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`Discovery of Electronically Stored Information have already been made. The remaining required
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`disclosures will be made in accordance with the following schedule. Ingenico’s remaining paragraph
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`4(b) disclosures will be made by January 28, 2019. IOENGINE’s paragraph 4(c) disclosures—initial
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`claim charts—will be made by March 1, 2019. If IOENGINE identifies no more than 20 asserted
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`claims in its paragraph 4(c) disclosures as of that date, PayPal and Ingenico’s paragraph 4(d)
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`disclosures—initial invalidity contentions and the related invalidating references—will be made by
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`April 5, 2019. If IOENGINE does not reduce the number of its asserted claims to 20 or fewer by
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`March 1, 2019, Pay Pal and Ingenico’s paragraph 4(d) disclosures will be made by May 6, 2019; in
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`3
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`PayPal Ex. 1057, p. 3
`PayPal v. IOENGINE
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`Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 4 of 8 PageID #: 571
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`that event, IOENGINE will be required to make a substantial reduction in the number of its asserted
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`claims by May 20, 2019, and to report to the Court by that date which claims it intends to assert at
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`trial.
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`Jurisdictional discovery will close on June 3, 2010. The defendants may renew their motion
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`to dismiss Ingenico France as a defendant by so advising the Court by June 10, 2019, of their
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`intention to do so. IOENGINE will then be allowed to supplement its response to the defendants’
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`motion to dismiss Ingenico France in a filing of no more than 15 pages in length to be submitted by
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`June 17, 2019. The defendants will be permitted to file a reply to that supplemental response of no
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`more than 15 pages in length, within 14 days of the filing of IOENGINE’s supplemental response.
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`Fact discovery will close on October 30, 2019.
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`4. Joinder of Other Parties and Amendment of Pleadings. The deadline for joinder of other
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`parties and amendment of pleadings will be June 4, 2019.
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`5. Claim Construction Issue Identification. On or before June 4, 2019, the parties shall
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`exchange a list of those claim terms or phrases that they believe need construction and their proposed
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`construction of those terms or phrases. That document will not be filed with the Court. Subsequent
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`to exchanging that list, the parties will meet and confer to prepare a Joint Claim Construction Chart,
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`which is to be filed with the Court no later than June 25, 2019. The parties' Joint Claim Construction
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`Chart should identify for the Court the terms or phrases of the claims at issue and should include each
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`party's proposed construction of the disputed claim language with citations to the intrinsic and
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`extrinsic evidence in support of their respective proposed construction. The parties shall attach
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`copies of those portions of the record relied on by each party in connection with the constructions
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`set forth in the Joint Claim Construction Chart.
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`4
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`PayPal Ex. 1057, p. 4
`PayPal v. IOENGINE
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`Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 5 of 8 PageID #: 572
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`6. Claim Construction Briefing. The plaintiff shall serve and file its opening claim
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`construction brief, not to exceed 5,500 words, by July 15, 2019. The defendant shall serve and file
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`its answering brief, not to exceed 8,250 words, by August 1, 2019. The plaintiff shall serve and file
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`its reply brief, not to exceed 5,500 words, by August 15, 2019. The defendant shall serve and file its
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`sur-reply brief, not to exceed 2,750 words, by August 26, 2019.
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`7. Hearing on Claim Construction. If the Court determines that a claim construction hearing
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`is needed, the hearing will be held at 10 a.m. on August 29, 2019, in Courtroom 2B of the J. Caleb
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`Boggs Federal Building. If any party elects to present testimony at the hearing, that party must so
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`advise the Court by letter filed at least two weeks before the hearing.
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`Within 30 days after the Court’s claim construction ruling, PayPal and Ingenico will each
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`advise IOENGINE if it intends to rely upon advice of counsel as a defense to willful infringement.
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`Any opinions of counsel on which PayPal or Ingenico intend to rely as a defense to willful
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`infringement will be produced within 15 days of the disclosure of an intent to rely on the advice of
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`counsel.
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`8. Disclosure of Expert Testimony. For the party that has the initial burden of proof on a
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`particular issue, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert testimony is
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`due on or before December 12, 2019. The supplemental disclosure to contradict or rebut evidence
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`on the same matter identified by another party is due on or before January 13, 2020. Along with the
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`submissions of the expert reports, the parties shall advise of the dates and times of their experts'
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`availability for deposition. Depositions of experts shall be completed on or before February 18,
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`2020. To the extent any objection to expert testimony is made pursuant to the principles announced
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`in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), it shall be made by motion
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`5
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`PayPal Ex. 1057, p. 5
`PayPal v. IOENGINE
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`Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 6 of 8 PageID #: 573
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`no later than the deadline for dispositive motions set forth herein, unless otherwise ordered by the
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`Court.
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`9. Case Dispositive Motions (Other Than Motions Under Rule 12, Fed. R. Civ. P.). Each
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`party may file as many case dispositive motions as it chooses, provided that each party will be limited
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`to a combined total of 10,000 words for all opening briefs, a combined total of 10,000 words for all
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`answering briefs, and a combined total of 5,000 words for all reply briefs regardless of the number
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`of case dispositive motions that are filed. In the event that a party files, in addition to one or more
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`case dispositive motions, a Daubert motion to exclude or preclude all or any portion of an expert’s
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`testimony, the total number of words permitted for all case dispositive and Daubert motions shall be
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`increased to a total of 12,500 words for all opening briefs, 12,500 words for all answering briefs, and
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`6,250 words for all reply briefs for each party. Case dispositive motions will be due on or before
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`March 16, 2020. Answering briefs will be due by April 15, 2020. Reply briefs will be due by April
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`29, 2020. A hearing on case dispositive motions, if needed, will be conducted on May 10, 2020.
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`10. Pretrial Conference. On July 20, 2020, the Court will hold a Rule 16(e) final pretrial
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`conference in Court with counsel. The conference will be held at 10 a.m. in Courtroom 6C of the J.
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`Caleb Boggs Federal Building. The parties shall file a joint proposed final pretrial order in
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`compliance with Local Rule 16.3(c) no later than 5:00 p.m. on the third business day before the date
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`of the final pretrial conference. Unless otherwise ordered by the Court, the parties shall comply with
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`the timeframes set forth in Local Rule 16.3(d) for the preparation of the proposed joint final pretrial
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`order.
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`11. Jury Instructions, Voir Dire and Special Verdict Forms. If the case is to be tried to a jury,
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`each party shall file (i) proposed voir dire questions, (ii) proposed preliminary jury instructions, (iii)
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`6
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`PayPal Ex. 1057, p. 6
`PayPal v. IOENGINE
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`Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 7 of 8 PageID #: 574
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`proposed final jury instructions, and (iv) a proposed verdict form no later than 5:00 p.m. on the third
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`business day before the date of the final pretrial conference. See Local Rules 47.l(a)(2) and 51.1.
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`The parties shall submit simultaneously with filing each of the foregoing four documents in Word
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`format to brysonw@cafc.uscourts.gov.
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`12. Trial. This matter is scheduled for two five-day jury trials. The trial in No. 18-452,
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`IOENGINE, LLC v. PayPal Holdings, Inc. will be held between July 27, 2020, and July 31, 2020, in
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`Courtroom 6A of the J. Caleb Boggs Federal Building. The trial in No. 18-826, IOENGINE, LLC
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`v. Ingenico Inc. et al. and Ingenico Inc. v. IOENGINE, LLC, will be held between August 10, 2020,
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`and August 14, 2020, in Courtroom 6A of the J. Caleb Boggs Federal Building. The trials will be
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`timed, and each party will be allocated a total of 12 hours in which to present their respective cases,
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`not counting opening statements and closing arguments.
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`13. Judgment on the Verdict and Post-Trial Status Report. Within seven days after a jury
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`returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to enter
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`judgment on the verdict. At the same time, the parties shall submit a joint status report, indicating
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`among other things how the case should proceed and listing any post-trial motions each party intends
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`to file.
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`14. Post-Trial Motions. Unless otherwise ordered by the Court, each party is limited to one
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`post-trial motion addressing all post-trial issues each party elects to raise. Each party will be allowed
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`a maximum of 40 pages for its opening brief, 40 pages for its answering brief, and 20 pages for its
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`reply brief relating to the post-trial motions.
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`15. Courtesy Copies. The parties are not required to provide the Court with courtesy hard
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`copies of any materials filed electronically, except during trial.
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`7
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`PayPal Ex. 1057, p. 7
`PayPal v. IOENGINE
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`Case 1:18-cv-00452-WCB Document 49 Filed 01/28/19 Page 8 of 8 PageID #: 575
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`16. ADR Process. This matter is referred to a magistrate judge to explore the possibility of
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`alternative dispute resolution.
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`IT IS SO ORDERED.
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`SIGNED THIS 25th day of January, 2019.
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`_____________________________
`WILLIAM C. BRYSON
`UNITED STATES CIRCUIT JUDGE
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`8
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`PayPal Ex. 1057, p. 8
`PayPal v. IOENGINE
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