Case 1:18-cv-00966-CFC Document 40 Filed 11/01/18 Page 1 of 9 PageID #: 1539
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`INTEL 1020
`Intel v. VLSI
`IPR2019-01196
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`Case 1:18-cv-00966-CFC Document 40 Filed 11/01/18 Page 2 of 9 PageID #: 1540
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`a.
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`b.
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`c.
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`d.
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`e.
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`Disclosures under Paragraph 4(a) are due November 12, 2018.
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`Disclosures under Paragraph 4(b) are due December 12, 2018.
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`Disclosures under Paragraph 4(c) are due January 23, 2019.
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`Disclosure under Paragraph 4(d) are due March 6, 2019.
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`The Court will hold a status conference on April 3, 2019 at 2:00 pm. to
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`discuss narrowing the number of claims and prior art combinations in the case.
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`4.
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`Discovery.
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`a.
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`Discovery Cut Off. All discovery in this case shall be initiated so that it
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`will be completed on or before November 21, 2019.
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`b.
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`Document Production. Document production shall be completed on or
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`before August 23, 2019.
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`0.
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`Requests for Admission. A maximum of 45 requests for admission are
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`permitted for each side. This limitation is not inclusive of requests for admission related to the
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`authenticity or admissibility of documents or other evidence, and such requests shall be
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`specifically so identified.
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`d.
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`Interrogatories. A maximum of 45 interrogatories, including contention
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`interrogatories, are permitted for each side.
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`e.
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`Depositions.
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`i.
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`Limitation on Hours for Deposition Discoveg. Each side is
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`limited to a total of 105 hours of taking testimony by deposition upon oral examination. This
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`limitation does not include hours devoted to the depositions of expert witnesses, but does include
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`hours devoted to third-party depositions.
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`ii.
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`Location of Depositions. Any party or representative (officer,
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`director, or managing agent) of a party filing a civil action in this district court must ordinarily be
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`required, upon request, to submit to a deposition at a place designated within this district.
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`Exceptions to this general rule may be made by order of the Court or by agreement of the parties.
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`A defendant who becomes a counterclaimant, cross-claimant, or third-party plaintiff shall be
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`considered as having filed an action in this Court for the purpose of this provision.
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`5.
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`Application to Court for Protective Order. Should counsel find it will be
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`necessary to apply to the Court for a protective order specifying terms and conditions for the
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`disclosure of confidential information, counsel should confer and attempt to reach an agreement
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`on a proposed form of order and submit it to the Court within ten days from the date of this
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`Order.
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`Any proposed protective order must include the following paragraph:
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`Other Proceedings. By entering this order and limiting the disclosure of
`information in this case, the Court does not intend to preclude another
`court from finding that information may be relevant and subject to
`disclosure in another case. Any person or party subject to this order who
`becomes subject to a motion to disclose another party's information
`designated as confidential pursuant to this order shall promptly notify
`that party of the motion so that the party may have an opportunity to
`appear and be heard on whether that information should be disclosed.
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`6.
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`Disputes Relating to Discoveu Matters and Protective Orders. Should counsel
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`find they are unable to resolve a dispute relating to a discovery matter or protective order, the
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`parties shall contact the Court's Case Manager to schedule an in-person conference/argument.
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`Unless otherwise ordered, by no later than 48 hours prior to the conference/argument, the party
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`seeking relief shall file with the Court a letter, not to exceed three pages, outlining the issues in
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`dispute and the party's position on those issues. The party shall submit as attachments to its
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`letter (1) an averment of counsel that the parties made a reasonable effort to resolve the dispute
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`and that such effort included oral communication that involved Delaware counsel for the parties,
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`and (2) a draft order for the Court's signature which identifies with specificity the relief sought
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`by the party. By no later than 24 hours prior to the conference/argument, any party opposing the
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`application for relief may file a letter, not to exceed three pages, outlining that party's reasons for
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`its opposition. Should any document(s) be filed under seal, a courtesy c0py of the sealed
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`document(s) must be provided to the Court within one hour of e—filing the document(s). If a
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`motion concerning a discovery matter or protective order is filed without leave of the Court, it
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`will be denied without prejudice to the moving party's right to bring the dispute to the Court
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`through the procedures set forth in this paragraph.
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`7.
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`Papers Filed Under Seal. When filing papers under seal, counsel shall deliver to
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`the Clerk an original and one copy of the papers. A redacted version of any sealed document
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`shall be filed electronically within seven days of the filing of the sealed document.
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`8.
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`Courtesy Copies. The parties shall provide to the Court two courtesy copies of all
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`briefs and one courtesy copy of any other document filed in support of any briefs (i.e.,
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`appendices, exhibits, declarations, affidavits etc.). This provision also applies to papers filed
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`under seal.
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`a.
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`Claim Construction Issue Identification. On or before April 5, 2019, the
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`parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction
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`and their proposed claim construction of those term(s)/phrase(s). This document will not be filed
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`with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a
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`Joint Claim Construction Chart to be filed no later than May 3, 2019. The Joint Claim
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`Construction Chart, in Word format, shall be e-mailed simultaneously with filing to c_fc_
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`civil@ded.uscourts.gov. The text for the Joint Claim Construction Chart shall be 14-point and in
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`a Times New Roman or similar typeface. The parties' Joint Claim Construction Chart should
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`identify for the Court the term(s)/phrase(s) of the claim(s) in issue and should include each
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`partys proposed construction ofthe disputed claim language With eita’lflsgoeiiyéofihi’iimgsg‘ mp e nab“
`evidence in support oftheir respective proposed constructions. AF” ofthe patent(s) in issue
`an.
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`as well as those portions of the intrinsic record relied upon shall be submitted with this Joint
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`Claim Construction Chart. In this joint submission, the parties shall not provide argument.
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`9.
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`Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening
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`brief, not to exceed 5,500 words, on May 31, 2019. The Defendant shall serve, but not file, its
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`answering brief, not to exceed 8,250 words, on June 25,2019. The Plaintiff shall serve, but not
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`file, its reply brief, not to exceed 5,500 words, on July 19, 2019. The Defendant shall serve, but
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`not file, its sur-reply brief, not to exceed 2,750 words, on August 2, 2019. The text for each
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`brief shall be 14-point and in a Times New Roman or similar typeface. Each brief must include
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`a certification by counsel that the brief complies with the type and number limitations set forth
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`above. The person who prepares the certification may rely on the word count of the word-
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`processing system used to prepare the brief.
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`No later than August 9, 2019, the parties shall file a Joint Claim Construction Brief. The
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`parties shall copy and paste their untitled briefs into one brief, with their positions on each claim
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`term in sequential order, in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
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`I.
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`II.
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`Agreed-upon Constructions
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`Disputed Constructions
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`A.
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`[TERM 1]
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`1.
`2.
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`Plaintiff‘s Opening Position
`Defendant's Answering Position
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`3.
`4.
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`Plaintiffs Reply Position
`Defendant's Sur—Reply Position
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`B.
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`[TERM 2]
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`l.
`2.
`3.
`4.
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`Plaintiffs Opening Position
`Defendant's Answering Position
`Plaintiff‘s Reply Position
`Defendant's Sur-Reply Position
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`Etc. The parties need not include any general summaries of the law relating to claim
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`construction. If there are any materials that would be submitted in an appendix, the parties shall
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`submit them in a Joint Appendix.
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`10.
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`Hearing on Claim Construction. Beginning at 9:00 a.m. on October 23, 2019, the
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`Court will hear argument on claim construction. Absent prior approval of the Court (which, if it
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`is sought, must be done so by joint letter submission no later than the date on which answering
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`claim construction briefs are due to be served), the parties shall not present testimony at the
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`argument, and the argument shall not exceed a total of three hours.
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`1 1.
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`Disclosure of Expert Testimony.
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`a.
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`Expert Reports. For the party who has the initial burden of proof on the
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`subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or before
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`December 23, 2019. The supplemental disclosure to contradict or rebut evidence on the same
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`matter identified by another party is due on or before February 18, 2020. Reply expert reports
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`from the party with the initial burden of proof are due on or before March 20, 2020. No other
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`expert reports will be permitted without either the consent of all parties or leave of the Court.
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`Along with the submissions of the expert reports, the parties shall advise of the dates and times
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`of their experts' availability for deposition. Depositions of experts shall be completed on or
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`before April 22, 2020.
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`b.
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`Objections to Expert Testimony. To the extent any objection to expert
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`testimony is made pursuant to the principles announced in Daubert v. MerrellDow Pharm, Inc,
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`509 US. 579 (1993), as incorporated in Federal Rule of Evidence 702, it shall be made by
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`motion no later than the deadline for dispositive motions set forth herein, unless otherwise
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`ordered by the Court.
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`12.
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`Case Dispositive Motions.
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`a.
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`No early motions without leave. All case dispositive motions, an opening
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`brief, and affidavits, if any, in support of the motion shall be served and filed on or before June
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`1, 2020. No case dispositive motion under Rule 56 may be filed more than ten days before the
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`above date without leave of the Court.
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`b.
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`Word limits combined with Daubert motion word limits. Each party is
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`permitted to file as many case dispositive motions as desired; provided, however, that each SIDE
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`will be limited to a combined total of 10,000 words for all opening briefs, a combined total of
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`10,000 words for all answering briefs, and a combined total of 5,000 words for all reply briefs
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`regardless of the number of case dispositive motions that are filed.
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`In the event that a party files,
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`in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any
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`portion of an expert's testimony, the total amount of words permitted for all case dispositive and
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`Daubert motions shall be increased to 12,500 words for all opening briefs, 12,500 words for all
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`answering briefs, and 6,250 words for all reply briefs for each SIDE. The text for each brief
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`shall be 14-point and in a Times New Roman or similar typeface. Each brief must include a
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`certification by counsel that the brief complies with the type and number limitations set forth
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`above. The person who prepares the certification may rely on the word count of the word-
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`processing system used to prepare the brief.
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`13.
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`Applications by Motion. Except as otherwise specified herein, any application to
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`the Court shall be by written motion. Any non-dispositive motion should contain the statement
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`required by Local Rule 7.1.].
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`at
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`Pretrial Conference. On October)“ 2020, the Court will hold a Rule 16(e) final
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`14.
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`pretrial conference in Court with counsel beginning at 4:30 p.m. The parties shall file ajoint
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`proposed final pretrial order in compliance with Local Rule 16.3(0) no later than 5 p.m. on the
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`third business day before the date of the final pretrial conference. Unless otherwise ordered by
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`the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the
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`preparation of the proposed joint final pretrial order.
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`15.
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`Motions in limine. Motions in limine shall not be separately filed. All in limine
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`requests and responses thereto shall be set forth in the proposed pretrial order. Each party shall
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`be limited to three in limine requests, unless otherwise permitted by the Court. The in limine
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`request and any response shall contain the authorities relied upon; each in limine request may be
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`supported by a maximum of three pages of argument and may be opposed by a maximum of
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`three pages of argument, and the party making the in limine request may add a maximum of one
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`additional page in reply in support of its request. If more than one party is supporting or
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`opposing an in limine request, such support or opposition shall be combined in a single three-
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`page submission (and, if the moving party, a single one-page reply). No separate briefing shall
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`be submitted on in limine requests, unless otherwise permitted by the Court.
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`l6.
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`Jury Instructions, Voir Dire and Special Verdict Forms. Where a case is to be
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`tried to ajury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed
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`voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict
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`forms no later than 5 p.m. on the third business day before the date of the final pretrial
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`conference. The parties shall submit simultaneously with filing each of the foregoing four
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`documents in Word format to cfc civil@ded.uscourts.gov.
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`17. mil. This matter is scheduled for a 9 day jury trial beginning at 9:30 am. on
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`November 2, 2020, with the subsequent trial days beginning at 9:30 am. Until the case is
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`submitted to the jury for deliberations, thejury will be excused each day at 4:30 pm. The trial
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`will be timed, as counsel will be allocated a total number of hours in which to present their
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`respective cases.
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`18.
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`ADR Process. This matter is referred to a magistratejudge to explore the
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`possibility of alternative dispute resolution.
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`UNITED STZITES DIS%ICTJUDGE
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`”Ff/ecu no’f‘
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`refifidn-f +0 Para7rqp‘ts yanl
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`l’f.
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