`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`INTEL CORPORATION,
`Plaintiff,
`
` v.
`PACT XPP SCHWEIZ AG,
`Defendant.
` /
`
`No. C 19-02241 WHA
`
`NOTICE REGARDING
`CASE MANAGEMENT
`
`This notice sets forth the Court’s tentative view of how this case should be managed.
`This is based on a review of the complaint. Counsel should take this notice into account at the
`Rule 26(f) conference. The Court is, of course, open to persuasion to different approaches.
`In this action for declaratory relief, Intel seeks a declaratory judgment that certain of
`its products do not infringe any valid claim of the twelve patents at issue assigned to defendant.
`Under these circumstances, defendant is entitled to full discovery from Intel on the products
`for which a declaratory judgment is sought, subject only to reasonable proportionality.
`Otherwise, it would be unfair to impose a judgment against the patent owner holding that
`Intel’s products have a clean bill of health. The burden is not on the patent owner. Due to
`Intel’s having commenced this action, the burden is on Intel to prove it does not infringe.
`No motions relating to infringement or validity shall be filed by Intel until after the
`patent owner has had a full and fair opportunity for discovery to meet the issues raised by Intel.
`It shall not be an excuse to deny or delay discovery on the ground that Intel also contends that
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`For the Northern District of California
`
`United States District Court
`
`PACT - Ex. 2018.0001
`
`
`
`Case 3:19-cv-02241-WHA Document 19 Filed 05/23/19 Page 2 of 2
`
`one or more claims-in-suit are invalid. Any failure by Intel to produce such full and fair
`discovery may well lead to a dismissal of Intel’s entire action, for he who seeks equity
`(a declaration of no infringement) must do equity (provide full and fair discovery).
`All discovery shall be supervised by a magistrate judge to be selected.
`After full and fair discovery has been allowed, as will initially be determined by the
`magistrate judge, the patent owner shall be required to disclose its infringement contentions
`and to file any infringement counterclaims (and answer).
`The only motion for summary judgment that may be made before the completion of
`discovery shall be a motion for summary judgment based on the alleged covenant not to sue.
`After that motion is filed, the opposing side may have eight weeks of discovery (on that motion)
`prior to filing its opposition.
`No trial date shall be set until all discovery has been completed.
`
`IT IS SO ORDERED.
`
`Dated: May 23, 2019.
`
`
`WILLIAM ALSUP
`UNITED STATES DISTRICT JUDGE
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`For the Northern District of California
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`United States District Court
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`2
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`PACT - Ex. 2018.0002
`
`
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