CASE 0:19-cv-01760-PJS-TNL Document 17-2 Filed 09/05/19 Page 1 of 13
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF MINNESOTA
`
`VASCULAR SOLUTIONS LLC, TELEFLEX
`INNOVATIONS S.A.R.L., ARROW
`INTERNATIONAL, INC., AND TELEFLEX LLC,
`
`PLAINTIFFS,
`
`V.
`
`MEDTRONIC, INC. AND MEDTRONIC
`VASCULAR, INC.
`
`DEFENDANTS.
`
`Civil No. 19-1760 (PJS/TNL)
`
`PRETRIAL SCHEDULING
`ORDER
`(PATENT)
`
`Pursuant to Rule 16 of the Federal Rules of Civil Procedure and the Local Rules of this
`Court, and in order to secure the just, speedy, and less expensive determination of this action, the
`following schedule shall govern these proceedings. This schedule may be modified only upon
`formal motion and a showing of good cause as required by D. Minn. LR 16.3.
`
`1.
`
`Discovery & Pleading of Additional Claims & Defenses
`
`a. Discovery is permitted with respect to claims of willful infringement and
`defenses of patent invalidity or unenforceability not pleaded by a party, where
`the evidence needed to support these claims or defenses is in whole or in part
`in the hands of another party.
`
`b. Once a party has given the necessary discovery, the opposing party may seek
`leave of Court to add claims or defenses for which it alleges, consistent with
`Fed. R. Civ. P. 11, that it has support, and such support shall be explained in
`the motion seeking leave.
`
`c. Leave shall be liberally given where prima facie support is present, provided
`that the party seeks leave as soon as reasonably possible following the
`opposing party providing the necessary discovery.
`
`- 1 -
`
`Page 1
`
`Medtronic Exhibit 1083
`
`

`

`CASE 0:19-cv-01760-PJS-TNL Document 17-2 Filed 09/05/19 Page 5 of 13
`
`
`
`ii. As to the doctrine of equivalents, the party defending against
`infringement shall indicate on its chart its contentions concerning any
`differences in function, way, and result, and why any differences are
`substantial.
`
`c. A party may amend its Claim Chart only by leave of the Court for good cause
`shown.
`
`d. [Plaintiffs’ Proposal: The parties will discuss whether there is a need to limit
`claims and prior art references and defenses as the case progresses. If the
`parties decide limiting claims and prior art references and defenses is useful,
`some limitation should occur after infringement charts and prior art statements
`but before any additional claim construction, and additional limitations should
`be made after any additional claim construction. See, e.g., Regents of the
`Univ. of Minn. v. AT&T Mobility LLC, No. 14-cv-4666, 2016 U.S. Dist.
`LEXIS 181671 (D. Minn. Dec. 13, 2016) (limiting claims to 45 prior to claim
`construction and 20 after claim construction order or close of fact discovery).]
`[Defendants’ Proposal: Plaintiffs shall reduce the number of asserted claims
`against the defending parties to no more than five claims per patent, and no
`more than 20 claims total, on or before July 10, 2020. See, e.g., QXMédical v.
`Vascular Solutions, Inc., Civ. No. 17-cv-01969 (PJS/TNL), Dkt. No. 36
`(Plaintiffs in related case with almost identical patents reduced the number of
`asserted claims to 19 before claim construction); Arctic Cat v. Polaris Indus.,
`Inc., No. 13-cv-3579 (JRT/FLN), Dkt. No. 122 (D. Minn. July 27, 2015)
`(requiring patentee to limit its claims to 20 before claim construction); Select
`Comfort Corp. v. Gentherm, Inc., No. 13-cv-2314 (SRN/JJK), 2014 WL
`4976586 at *2 (D. Minn. Oct. 3, 2014) (ordering the patentee to reduce its
`asserted claims prior to claim construction under the five patents to 15 total).]
`
`e. On or before [Plaintiffs’ Proposal: May 8, 2020] [Defendants’ Proposal:
`August 14, 2020] , the parties shall simultaneously exchange a list of claim
`terms, phrases, or clauses that each party contends should be construed by the
`Court.
`
`f. On or before [Plaintiffs’ Proposal: May 15, 2020] [Defendants’ Proposal:
`September 11, 2020] , the parties shall meet and confer for the purpose of
`finalizing a list of claim terms, phrases or clauses, narrowing or resolving
`differences, and facilitating the ultimate preparation of a joint claim
`construction statement.
`
`i. During the meet and confer process, the parties shall exchange their
`preliminary proposed construction of each claim term, phrase or clause
`which the parties collectively have identified for claim construction
`purposes and shall make this exchange on or before [Plaintiffs’
`Proposal: May 15, 2020] [Defendants’ Proposal: August 28, 2020] .
`
`- 5 -
`
`Page 2
`
`Medtronic Exhibit 1083
`
`