Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 1 of 9
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`INTRI-PLEX TECHNOLOGIES, INC.,
`Plaintiff,
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`v.
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`NHK INTERNATIONAL CORPORATION,
`et al.,
`
`Defendants.
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`
`
`Case No. 17-cv-01097-EMC
`
`
`CASE MANAGEMENT AND
`PRETRIAL ORDER FOR JURY TRIAL
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`
`
`Pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10, THE FOLLOWING
`DEADLINES ARE HEREBY ORDERED:
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`1.
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`2.
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`TRIAL DATE:
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`TRIAL LENGTH:
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`3/25/2019, at 8:30 a.m.
`Courtroom 5, 17th Floor
`Jury (x) or Court ( )
`Estimated five (5) court days (typical court
`day for trial is 8:30 a.m. to 2:00 p.m.;
`Thursdays are dark)
`2/26/2019, at 2:30 p.m.
`LEAD COUNSEL WHO WILL TRY THE
`CASE MUST ATTEND.
`Last day to be heard 12/13/2018 at 1:30 p.m.
`See Civil Local Rules for notice and filing
`requirements.
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`3.
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`4.
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`5.
`6.
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`7.
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`FINAL PRETRIAL CONFERENCE:
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`DISPOSITIVE MOTIONS:
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`NON-EXPERT DISCOVERY CUT-OFF: 9/20/2018
`EXPERT REPORTS:
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`Opening reports by 9/20/2018
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`Rebuttal reports by 10/11/2018
`EXPERT DISCOVERY CUT-OFF:
`11/1/2018
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`Northern District of California
`United States District Court
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`OMNI 2018
`IPR 2019-00913
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`

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`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 2 of 9
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`DISCOVERY LIMITATIONS:
`8.
`(F.R.C.P. applies unless
`
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`otherwise indicated)
`
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`Note: Parties may proceed with depositions and written discovery in conformance with the
`Federal Rules of Civil Procedure. Instead of filing formal discovery motions, parties shall refer to
`this Court’s standing order to meet and confer and submit joint letter on unresolved issues to the
`Court for expedited resolution.
`
`Prior to completion of ADR, each party is
`limited to:
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`
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`Interrogatories ____
`Depositions __
`Document Requests __
`Requests for Admission ____
`After ADR, each party is limited to: FRCP
`Interrogatories ____
`Depositions ____
`Document Requests ____
`Requests for Admission ____
`To be completed by: 7/20/2018
`Court-sponsored mediation x
`Court-sponsored ENE __
`Mag. Judge Settlement Conf. __
`Private mediation __
`Private arbitration ____
`Other : ________
`N/A
`9/6/2018 at 10:30 a.m.
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`9.
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`ADR:
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`LAST DAY TO AMEND PLEADING:
`FURTHER STATUS CONFERENCE:
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`10.
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`11.
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`///
`///
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`///
`///
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`Northern District of California
`United States District Court
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`OMNI 2018
`IPR 2019-00913
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`

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`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 3 of 9
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`PRETRIAL INSTRUCTIONS
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`lief sought, particularly itemizing all
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`A. MEET AND CONFER
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`At least forty-two (42) days prior to the final pretrial conference, lead counsel who will try
`the case shall meet and confer regarding the following:
`1. Preparation and content of the joint pretrial conference statement, see Part B, infra;
`2.
`Preparation and exchange of pretrial materials, see Part C, infra; and
`3.
`Settlement of the action.
`JOINT PRETRIAL CONFERENCE STATEMENT
`B.
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`At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a
`joint pretrial conference statement. The statement shall contain the following information:
`1.
`The Action.
`
`
` a.
`Substance of the Action. A brief description of the substance of claims and
`defenses which need to be decided.
`Relief Prayed. A statement of all re
`elements of damages claimed.
`Factual Basis of the Action.
`Undisputed Facts. A list of all stipulated facts, i.e., all facts parties to which
`a.
`the parties will stipulate to for incorporation into the trial record without the
`necessity of supporting testimony or exhibits.
`Disputed Factual Issues. A list of all factual issues that remain to be tried,
`stating the issues with the same generality/specificity as any contested
`elements in the relevant jury instructions and organized by counts.
`Disputed Legal Issues. Without extended legal argument, a concise statement of
`each disputed point of law concerning liability or relief, citing supporting statutes
`and decisions.
`Estimate of Trial Time. An estimate of the number of hours needed for the
`presentation of each party’s case.
`Trial Alternatives and Options.
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`OMNI 2018
`IPR 2019-00913
`
`

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`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 4 of 9
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`a.
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`b.
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`c.
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`d.
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`Settlement Discussion. A statement summarizing the status of settlement
`negotiations and indicating whether further negotiations are likely to be
`productive.
`Consent to Trial Before a Magistrate Judge. A statement whether reference
`of all or part of the action to a master or magistrate judge is feasible,
`including whether the parties consent to a court or jury trial before a
`magistrate judge, with appeal directly to the Ninth Circuit.
`Amendments or Dismissals. A statement of requested or proposed
`amendments to pleadings or dismissals of parties, claims, or defenses.
`Bifurcation or Separate Trial of Issues. A statement of whether bifurcation
`or a separate trial of specific issues is feasible and desired.
`6. Witnesses. The following information should be provided as an appendix to the
`joint pretrial conference statement. For each party, a list of all witnesses likely to
`be called at trial, including those appearing by deposition. For each witness, there
`should be a short statement of the substance of his or her testimony and an estimate
`regarding the length of testimony (including direct and cross-examination). If the
`witness is an expert witness, the short statement should clearly state the expert’s
`theories and conclusions and the bases therefor; in addition, the expert’s curriculum
`vitae and report (if any) should be attached. If there are objections to a live
`witness’s testimony, whether in whole or in part, that objection should be raised
`through a motion in limine. For objections to deposition testimony, see Part B.8,
`infra.
`Exhibits. The following information should be provided as an appendix to the joint
`pretrial conference statement. A joint exhibit list in tabular form, with (a) a
`column that briefly describes the exhibit; (b) a column that describes for what
`purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a
`column that states any objections to the exhibit; (d) a column that briefly responds
`to the objections; and (e) a blank column for the Court’s use. Before this list is
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`OMNI 2018
`IPR 2019-00913
`
`

`

`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 5 of 9
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`8.
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`filed with the Court, the parties shall meet and confer, in person, to consider exhibit
`numbers, to eliminate duplicate exhibits and confusion over exhibits, and to make a
`good faith effort to stipulate to admissibility. If stipulation is not possible, the
`parties shall make every effort to stipulate to authenticity and foundation absent a
`legitimate (not tactical) objection. In addition to the above, a joint statement in
`which each party identifies fifteen (15) of the opposing party’s exhibits for which
`the identifying party seeks rulings on objections in advance of trial. A party may
`identify, e.g., an exhibit that it believes is critical to the case (if admitted or if not
`admitted) or an exhibit that it believes is representative of other exhibits such that
`the identified exhibit will provide a bellwether as to how the Court will rule on
`other exhibits.
`Use of Discovery Responses. The following information should be provided as an
`appendix to the joint pretrial conference statement. Excerpts of interrogatory
`responses, responses to requests for admission, and deposition testimony (with
`specific line references identified) that each party intends to present at trial. If there
`are objections to the use of written responses, the parties should include a joint
`memorandum that briefly states the objecting party’s objection and the opposing
`party’s response. If there is an objection to the general subject matter of a
`deponent’s testimony, the objection should be made through a motion in limine. If
`specific objections were made during the deposition that are still in need of a Court
`ruling, the parties should include a joint memorandum that identifies the deposition
`testimony at issue and that briefly states the objecting party’s objection (including
`any counter-designation) and the opposing party’s response (including any counter-
`designation). The Court expects the parties to meet and confer in good faith in the
`attempt to resolve those specific objections regarding deposition testimony before
`any memorandum regarding objections are filed.
`PRETRIAL MATERIALS
`At least twenty-one (21) days prior to the final pretrial conference, the parties shall file the
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`OMNI 2018
`IPR 2019-00913
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`

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`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 6 of 9
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`following pretrial materials.
`1.
`Motions in Limine. The following procedure should be used with respect to
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`motions in limine. At least thirty-two (32) days before the pretrial conference, serve – but do not
`file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not
`file – the oppositions. When the oppositions are received, the moving party should collate the
`motion and opposition together, back to back, and then file the paired sets (each under separate
`cover) at least twenty-one (21) days prior to the conference.
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`Each motion in limine should address a single topic and contain no more than seven pages
`of briefing per side. Reply briefs are not permitted. Usually, each party or side should not need to
`file more than five motions in limine. Each party shall number its motions in limine in order of
`importance, the first being the most important.
`2.
`Preliminary Statement to the Jury. In a jury trial, the parties shall provide a
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`simplified statement of the case to be read to the jury during voir dire and as a part of the proposed
`jury instructions. Unless the case is extremely complex, this statement should not exceed one
`paragraph.
`Jury Instructions. In a jury trial, a joint set of proposed jury instructions on
`
`3.
`substantive issues of law, arranged in a logical sequence.
`If undisputed, an instruction shall be identified as “Stipulated Instruction No. ____ re
`____________________,” with the blanks filled in as appropriate. Even if stipulated, the
`instruction shall be supported by citation.
`If disputed, each version of the instruction shall be inserted together, back to back, in their
`logical place in the overall sequence. A disputed instruction shall be identified as “Disputed
`Instruction No. ____ re ____________________ offered by __________,” with the blanks filled
`in as appropriate. All disputed versions of the same basic instruction shall bear the same number.
`If a party does not have a counter-version and simply contends that no such instruction in any
`version should be given, then that party should so state on a separate page inserted in lieu of an
`alternate version. Each party should support its version of a disputed instruction, and/or oppose
`the version offered by the opposing party, with a brief argument and citation to any relevant
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`OMNI 2018
`IPR 2019-00913
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`

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`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 7 of 9
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`authority. The argument and citation should be provided immediately following the disputed
`instructions. The parties are encouraged to keep disputed instructions to a minimum.
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`Finally, absent objection, the Court shall give the following jury instructions from the
`Ninth Circuit Manual of Model Civil Jury Instructions (2017 ed.): 1.3-1.5, 1.9-1.15, 1.17-1.18,
`1.20-1.21, 3.1-3.3, 3.5.
`4.
`Voir Dire. In a jury trial, the Court will conduct a voir dire based on the attached
`
`(or a similar) questions/subjects. Counsel may also submit for the Court’s consideration an agreed
`upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on
`which counsel cannot agree may be submitted separately. Counsel will be allowed a brief (15
`minutes) follow-up voir dire after the Court’s questioning.
`5.
`Verdict Form. In a jury trial, the parties shall submit a joint proposed verdict
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`form. If the parties are unable to stipulate to a verdict form, then each party or side shall submit a
`proposed verdict form.
`6.
`Proposed Findings of Fact and Conclusions of Law. In a bench trial, each party
`or side shall submit proposed findings of fact and conclusions of law.
`7.
`Exhibits. The parties shall submit two sets of all exhibits. Exhibits are not to be
`filed but rather shall be submitted to chambers. Exhibits must be premarked. In addition, one set
`of exhibits must be tagged. Exhibits shall be three-hole punched and shall be submitted in binders.
`Sample tags may be obtained from the Courtroom Deputy and are attached as Exhibit A hereto.
`8.
`Trial Brief. Each party shall submit a trial brief not to exceed 15 pages absent
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`court order. A trial brief is most helpful to the Court when it: (1) summarizes the party’s theory
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`of the case, (2) identifies key evidence, and (3) provides summary briefing on any controlling
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`issues of law.
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`Dated: 5/23/2018
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`________________________
`EDWARD M. CHEN
`United States District Judge
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`Northern District of California
`United States District Court
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`OMNI 2018
`IPR 2019-00913
`
`

`

`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 8 of 9
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`JUROR QUESTIONNAIRE
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`Name.
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`City of residence.
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`Occupational status.
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`Educational background.
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`Organizations.
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`Hobbies.
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`Marital status.
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`Spouse’s occupation.
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`Children (including ages).
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`If a juror on another case.
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`If ever a grand juror.
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`If ever in the military.
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`Northern District of California
`United States District Court
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`OMNI 2018
`IPR 2019-00913
`
`

`

`Case 3:17-cv-01097-EMC Document 114 Filed 05/23/18 Page 9 of 9
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``UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`
`
`EXHIBIT A
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
`
`------------------------------------------------------
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF
`CALIFORNIA
`
`Case Number:
`
`PLTF / DEFT EXHIBIT
`NO._____________
`
`Date
`Admitted:________________________
`
`By:_______________________________
`
` Betty Lee, Deputy Clerk
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`9
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`OMNI 2018
`IPR 2019-00913
`
`