`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`FGSRCLLC,
`
`Plaintiff,
`
`v.
`
`XILINX, INC.,
`
`Defendant.
`
`C.A. No. 20-cv-601-LPS
`
`. 1'L, _)PROPOSED) SCHEDULING ORDER
`, 2021, the Court having conducted a Case Management
`This ~~ay of j-O;or.J~
`Conference/Rule 16 scheduling and planning conference pursuant to Local Rule 16.2(a) and Judge
`
`I
`
`Stark's Revised Procedures
`
`for Managing Patent Cases
`
`(which
`
`is
`
`posted
`
`at
`
`http://www.ded.uscourts.gov; see Chambers, Judge Leonard P. Stark, Patent Cases) on
`
`- - - - - ~ 2021, and the parties having determined after discussion that the matter cannot be
`
`resolved at this juncture by settlement, voluntary mediation, or binding arbitration;
`
`IT IS HEREBY ORDERED that:
`
`1.
`
`Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. The parties
`
`shall make their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(l) by March
`
`4, 2021. The parties shall meet and confer regarding, and subsequently submit, a stipulated ESI
`
`Order on or before March 22, 2021. The parties shall complete their Paragraph 3 ESI Disclosures
`
`by April 5, 2021.
`
`2.
`
`Joinder of Other Parties and Amendment of Pleadings, All motions to join other
`
`parties, and to amend or supplement the pleadings, shall be filed on or before July 22, 2021.
`
`I
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 1
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 2 of 16 PageID #: 1588
`
`Application to Court for Protective Order. Should counsel find it will be necessary
`
`3.
`to apply to the Court for a protective order specifying terms and conditions for the disclosure of
`confidential information, counsel should confer and attempt to reach an agreement on a proposed
`form of order and submit it to the Court by March 22, 2021. Should counsel be unable to reach
`an agreement on a proposed form of order, counsel must follow the provisions of Paragraph 8(g)
`
`below.
`
`Any proposed protective order must include the following paragraph:
`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 'confidential' [the parties should
`list any other level of designation, such as 'highly confidential,' which may be
`provided for in the protective order] 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.
`In accordance with section G of the Administrative
`
`Papers Filed Under Seal.
`
`4.
`Procedures Governing Filing and Service by Electronic Means, a redacted version of any sealed
`document shall be filed electronically within seven (7) days of the filing of the sealed document.
`Should any party intend to request to seal or redact all or any portion of a transcript of a
`court proceeding (including a teleconference), such party should expressly note that intent at the
`start of the court proceeding. Should the party subsequently choose to make a request for sealing
`or redaction, it must, promptly after the completion of the transcript, file with the Court a motion
`for sealing/redaction, and include as attachments (I) a copy of the complete transcript highlighted
`so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of
`the proposed redacted/sealed transcript. With their request, the party seeking redactions must
`demonstrate why there is good cause for the redactions and why disclosure of the redacted material
`
`would work a clearly defined and serious injury to the party seeking redaction.
`
`2
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 2
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 3 of 16 PageID #: 1589
`
`5.
`
`Courtesy Copies. Other than with respect to 'discovery matters,' which are
`
`governed by paragraph 8(g), and the final pretrial order, which is governed by paragraph 20, the
`
`parties shall provide to the Court two (2) courtesy copies of all briefs and one (1) courtesy copy of
`
`any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits
`
`etc.). This provision also applies to papers filed under seal.
`
`6.
`
`ADR Process. This matter is referred to a magistrate judge to explore the possibility
`
`of alternative dispute resolution.
`
`7.
`
`Disclosures. Absent agreement among the parties, and approval of the Court:
`
`a.
`
`By March 9, 2021, Plaintiff shall identify the accused product(s), including
`
`accused methods and systems, and its damages model, as well as the asserted patent( s) that the
`
`accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each
`
`asserted patent.
`
`b.
`
`By April 15, 2021, Defendant shall produce core technical documents
`
`related to the accused product(s), sufficient to show how the accused product(s) work(s), including
`
`but not limited to non-publicly available operation manuals, product literature, schematics, and
`
`specifications. Defendant shall also produce sales figures for the accused product(s).
`
`c.
`
`By June 3, 2021, Plaintiff shall produce an initial claim chart relating each
`
`known accused product to the asserted claims each such product allegedly infringes.
`
`d.
`
`By Jnly 22, 2021, Defendant shall produce its initial invalidity contentions
`
`for each asserted claim, as well as the known related invalidating references.
`
`e.
`
`f.
`
`By May 13, 2022, Plaintiff shall provide final infringement contentions.
`
`By Jnne 3, 2022, Defendant shall provide final invalidity contentions.
`
`3
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 3
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 4 of 16 PageID #: 1590
`
`8.
`
`Discovery. Unless otherwise ordered by the Court, the limitations on discovery set
`
`forth in Local Rule 26.1 shall be strictly observed.
`
`a.
`
`Discovery Cut Off. All discovery in this case shall be initiated so that it
`
`will be completed on or before May 2, 2022.
`
`b.
`
`Document Production. Document production shall be substantially
`
`complete by February 14, 2022.
`
`c.
`
`Requests for Admission. A maximum of 35 requests for admission are
`
`permitted for each side. There is no limit on the number ofrequests for admission the parties may
`
`serve to establish the authenticity of documents.
`
`d.
`
`Interrogatories.
`
`i. Each party may serve on any other party a maximum of 30
`
`interrogatories, including contention interrogatories.
`
`ii. The Court encourages the parties to serve and respond to contention
`
`interrogatories early in the case. In the absence of agreement among
`
`the parties, contention interrogatories, if filed, shall first be
`
`addressed by the party with the burden of proof. The adequacy of
`
`all interrogatory answers shall be judged by the level of detail each
`
`party provides; i.e., the more detail a party provides, the more detail
`
`a party shall receive.
`
`e.
`
`Depositions.
`
`i. Limitation on Hours for Deposition Discovery.
`
`,~.
`~f;s&rop6sjil: Each side is limited to a total of 70 hours of f f
`taking deposition by testimony by deposition upon oral examination
`
`4
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 4
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 5 of 16 PageID #: 1591
`
`(excluding third-party depositions and expert depositions). No limit
`
`shall be imposed on the number of third-party depositions that may
`
`be taken.
`
`Defendant's Proposal: Each side is limited to a total of70 hour)/4if
`
`I
`
`taking testi ony by deposition upon oral examination (ins,fuding
`I
`third-party dep sitions, but excluding expert deposition~/
`
`De osition Limits: Plaintiffs
`
`,
`
`/
`
`Limits: As tl}l Court recentl)1(
`
`I
`
`recognized in denying efendant' s motion t</ dismiss, Plaintiff has
`
`adequately pied induced · fringement. 1Dkt. 35. Defendant has
`
`denied Plaintiffs allegations of direcyinfringement. Dkt. 71 1. In
`
`order to prove induced infrin e19t~t, Plaintiff will need to take
`
`I ,
`
`discovery adequate to show tha~jlinx induces numerous individual
`\
`/
`
`customers of its products 7 directlv' infringe the asserted patents.
`
`Limiting Plaintiff to 70 /urs of de~~~itions, including Xilinx does
`
`,
`
`\
`
`not provide adequatef time for Plaintiff to gather evidence from
`\
`/
`customers sufficient to prove its induced
`
`Xilinx's numero
`
`I
`
`infringement c e. The Federal Rules of ~ivil Procedure provide
`
`mechanisms to protect individual third-pl/.rty customers from
`
`5
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 5
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 6 of 16 PageID #: 1592
`
`unreasoll(1ble burdens and can be asserted by eacJ0ndividual third
`\
`I
`'
`\
`
`party.
`
`Defendant's
`
`Defendant believ
`
`I
`that the default 71iours of deposition is more
`
`than sufficient in this two-patent, fao-party case. Defendant does
`
`not see any reason th \ Pf iff would require 70 hours of
`
`deposition of Defendant an
`
`efendant' s witnesses, and additional
`\
`deposition time for thir party \tnesses. Moreover, failing to set
`
`any sort of limit on hird party \ositions is unreasonable and
`
`untenable, as unli
`
`unlimited cost
`
`ited depositions WQ!Jld also result in essentially
`\
`d burden for both parties and non-parties alike.
`
`ii.
`
`Interpreted Testimony: The parties agree that every 1.5 hours of
`
`deposition testimony for which an interpreter is used will count as
`
`only one hour of deposition time for purposes of this limit.
`
`iii. Location of Depositions. Any party or representative ( officer,
`
`director, or managing agent) of a party filing a civil action in this
`
`district court must ordinarily be required, upon request, to submit to
`
`a deposition at a place designated within this district. Exceptions to
`
`this general rule may be made by order of the Court. A defendant
`
`who becomes a counterclaimant, cross-claimant, or third-party
`
`plaintiff shall be considered as having filed an action in this Court
`
`for the purpose of this provision.
`
`f.
`
`Disclosure of Expert Testimony.
`
`6
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 6
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 7 of 16 PageID #: 1593
`
`i. Expert Reports. For the party who has the initial burden of proof on
`
`the subject matter, the initial Federal Rule 26(a)(2) disclosure of
`
`expert testimony is due on or before July 5, 2022. The supplemental
`
`disclosure to contradict or rebut evidence on the same matter
`
`identified by another party is due on or before August 9, 2022.
`
`Reply expert reports from the party with the initial burden of proof
`
`are due on or before August 30, 2022. No other expert reports will
`
`be permitted without either the consent of all parties or leave of the
`
`Court. Along with the submission of the expert reports, the parties
`
`shall advise of the dates and times of their experts' availability for
`
`deposition. Expert depositions shall be completed by October 4,
`
`2022. Each side is limited to seven hours per report or declaration.
`
`For example, if a single technical expert submits reports on both
`
`infringement and invalidity, he or she may be deposed for up to 14
`
`hours total.
`
`ii. Expert Report Supplementation. The parties agree they will permit
`
`expert declarations to be filed in connection with motions briefing
`
`(including case-dispositive motions).
`
`iii. Objections to Expert Testimony. To the extent any objection to
`
`expert testimony is made pursuant to the principles announced in
`
`Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), as
`
`incorporated in Federal Rule of Evidence 702, it shall be made by
`
`motion no later than the deadline for dispositive motions set forth
`
`7
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 7
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 8 of 16 PageID #: 1594
`
`herein, unless otherwise ordered by the Court. Briefing on such
`
`motions is subject to the page limits set out in connection with
`
`briefing of case dispositive motions.
`
`g.
`
`Discovery Matters and Disputes Relating to Protective Orders.
`
`i. Any discovery motion filed without first complying with the
`
`following procedures will be denied without prejudice to renew
`
`pursuant to these procedures.
`
`ii. Should counsel find, after good faith efforts - including verbal
`
`communication among Delaware and Lead Counsel for all parties to
`
`the dispute - that they are unable to resolve a discovery matter or a
`
`dispute relating to a protective order, the parties involved in the
`
`discovery matter or protective order dispute shall submit a joint
`
`letter in substantially the following form:
`
`Dear Judge Stark:
`
`The parties in the above-referenced matter write to
`request the scheduling of a discovery teleconference.
`
`The following attorneys, including at least one Delaware
`Counsel and at least one Lead Counsel per party, participated
`in a verbal meet-and-confer (in person and/or by telephone)
`on the following date(s):
`
`Delaware Counsel: _ _ _ _
`
`Lead Counsel: _ _ _ _ _ _
`
`The disputes requiring judicial attention are listed below:
`
`8
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 8
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 9 of 16 PageID #: 1595
`
`[provide here a non-argumentative list of disputes requiring
`judicial attention]
`
`iii. On a date to be set by separate order, but not less than forty-eight
`
`( 48) hours prior to the conference, the party seeking relief shall file
`
`with the Court a letter, not to exceed three (3) pages, outlining the
`
`issues in dispute and its position on those issues. On a date to be set
`
`by separate order, but not less than twenty-four (24) hours prior to
`
`the conference, any party opposing the application for relief may file
`
`a letter, not to exceed three (3) pages, outlining that party's reasons
`
`for its opposition.
`
`iv. Each party shall submit two (2) courtesy copies of its discovery
`
`letter and any attachments.
`
`v. Should the Court find further briefing necessary upon conclusion of
`
`the telephone conference, the Court will order it Alternatively, the
`
`Court may choose to resolve the dispute prior to the telephone
`
`conference and will, in that event, cancel the conference.
`
`9.
`
`Motions to Amend
`
`a.
`
`Any motion to amend (including a motion for leave to amend) a pleading
`
`shall NOT be accompanied by an opening brief but shall, instead, be accompanied by a letter, not
`to exceed three (3) pages, describing the basis for the requested relief, and shall attach the proposed
`
`amended pleading as well as a 'blackline' comparison to the prior pleading.
`
`b.
`
`Within seven (7) days after the filing of a motion in compliance with this
`
`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.
`
`9
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 9
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 10 of 16 PageID #: 1596
`
`c.
`
`Within three (3) days thereafter, the moving party may file a reply letter,
`
`not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a
`
`teleconference to address the motion to amend.
`
`I 0. Motions to Strike.
`
`a.
`
`Any motion to strike any pleading or other document shall NOT be
`
`accompanied by an opening briefbut shall, instead, be accompanied by a letter, not to exceed three
`(3) pages, describing the basis for the requested relief, and shall attach the document to be stricken.
`Within seven (7) days after the filing of a motion in compliance with this
`
`b.
`
`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5) pages.
`Within three (3) days thereafter, the moving party may file a reply letter,
`
`c.
`
`not to exceed two (2) pages, and, by this same date, the parties shall file a letter requesting a
`
`teleconference to address the motion to strike.
`Tutorial Describing the Technology and Matters in Issue. Unless otherwise ordered
`
`11.
`by the Court, the parties shall provide the Court, no later than the date on which their opening
`claim construction briefs are due, a tutorial on the technology at issue. In that regard, the parties
`may separately or jointly submit a DVD of not more than thirty (30) minutes. The tutorial should
`focus on the technology in issue and should not be used for argument. The parties may choose to
`file their tutorial(s) under seal, subject to any protective order in effect. Each party may comment,
`in writing (in no more than five (5) pages) on the opposing party's tutorial. Any such comment
`shall be filed no later than the date on which the answering claim construction briefs are due. As
`to the format selected, the parties should confirm the Court's technical abilities to access the
`information contained in the tutorial (currently best are 'mpeg' or 'quicklime').
`
`10
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 10
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 11 of 16 PageID #: 1597
`
`12.
`
`Claim Construction Issue Identification. On August 19, 2021, the parties shall
`
`exchange a list of those claim tenn(s)/phrase(s) that they believe need construction and their
`
`proposed claim construction of those tenn(s)/phrase(s). This document will not be filed with the
`
`Court. Subsequent to exchanging that list, the parties will meet and confer, and, if needed, will
`
`provide rebuttal constructions of those tenn(s)/phrase(s) by September 9, 2021. The parties will
`subsequently prepare a Joint Claim Construction Chart to be submitted on September 23, 2021.
`The parties' Joint Claim Construction Chart should identify for the Court the tenn(s)/phrase(s) of
`
`the claim(s) in issue, and should include each party's proposed construction of the disputed claim
`
`language with citation(s) only to the intrinsic evidence in support of their respective proposed
`
`constructions. A copy of the patent(s) in issue as well as those portions of the intrinsic record
`
`relied upon shall be submitted with this Joint Claim Construction Chart. In this joint submission,
`
`the parties shall not provide argument.
`
`13. Claim Construction Briefing. The parties shall contemporaneously submit initial
`
`briefs on claim construction issues on October 26, 2021. The parties' answering/responsive briefs
`
`shall be contemporaneously submitted on December 7, 2021. No reply briefs or supplemental
`
`papers on claim construction shall be submitted without leave of the Court. Local Rule 7 .1.3( 4)
`
`shall control the page limitations for initial ( opening) and responsive ( answering) briefs.
`Hearing on Claim Construction. Beginning at 11 a.m. on February 4, 2022, the
`
`14.
`
`Court will hear argument on claim construction. The parties shall notify the Court, by joint letter
`submission, no later than the date on which their answering claim construction briefs are due: (i)
`
`whether they request leave to present testimony at the hearing; and (ii) the amount of time they are
`
`requesting be allocated to them for the hearing.
`
`II
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 11
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 12 of 16 PageID #: 1598
`
`Provided that the parties comply with all portions of this Scheduling Order, and any other
`
`orders of the Court, the parties should anticipate that the Court will issue its claim construction
`
`order within sixty (60) days of the conclusion of the claim construction hearing. If the Court is
`
`unable to meet this goal, it will advise the parties no later than sixty (60) days after the conclusion
`
`of the claim construction hearing.
`
`15.
`
`Interim Status Report. On July 29, 2021, counsel shall submit a joint letter to the
`
`Court with an interim report on the nature of the matters in issue and the progress of discovery to
`
`date. Thereafter, if the Court deems it necessary, it will schedule a status conference.
`
`16.
`
`Supplementation. Absent agreement among the parties, and approval of the Court,
`
`no later than May 2, 2022, the parties must finally supplement, inter alia, the identification of all
`
`accused products and of all invalidity references.
`
`17.
`
`Case Dispositive Motions. All case dispositive motions, an opening brief, and
`
`affidavits, if any, in support of the motion shall be served and filed on or before November 1,
`
`2022. Briefing will be presented pursuant to the Court's Local Rules, as modified by this Order.
`
`Case dispositive answering briefs shall be due on or before November 22, 2022. Case dispositive
`
`reply briefs shall be due on or by December 8, 2022.
`
`a.
`
`No early motions without leave. No case dispositive motion under Rule 56
`
`may be filed more than ten (10) days before the above date without leave of the Court. A party
`
`seeking leave to file a case dispositive motion prior to ten (10) days before the deadline set forth
`
`above shall do so by filing a letter brief with the Court ofno more than four (4) pages, explaining
`
`the reasons why an earlier-filed motion should be permitted. If any party wishes to contest this
`
`request, it may do so by filing a responsive letter brief ofno more than four (4) pages, within seven
`
`(7) days from the date the requesting party filed its brief. No reply briefs shall be filed.
`
`12
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 12
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 13 of 16 PageID #: 1599
`
`b.
`
`Page limits combined with Daubert motion page limits. Each party is
`
`permitted to file as many case dispositive motions as desired; provided, however, that each SIDE
`
`will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages
`
`for all answering briefs, and a combined total of 20 pages for all reply briefs regardless of the
`
`number of case dispositive motions that are filed. In the event that a party files, in addition to a
`
`case dispositive motion, a Daubert motion to exclude or preclude all or any portion of an expert's
`
`testimony, the total amount of pages permitted for all case dispositive and Daubert motions shall
`
`be increased to 50 pages for all opening briefs, 50 pages for all answering briefs, and 25 pages for
`
`all reply briefs for each SIDE. 1
`
`c.
`
`Hearing. The Court will hear argument on all pending case dispositive and
`
`Daubert motions on Jan nary 5, 2023, beginning at 11:00 a.m. Subject to further order of the
`
`Court, each side will be allocated a total of forty-five (45) minutes to present its argument on all
`
`pending motions.
`
`18.
`
`Applications by Motion. Except as otherwise specified herein, any application to
`
`the Court shall be by written motion filed with the Clerk. Any non-dispositive motion should
`
`contain the statement required by Local Rule 7 .1.1.
`
`19.
`
`Pretrial Conference. On February 23, 2023, the Court will hold a pretrial
`
`conference in Court with counsel beginning at 11 :00 a.m. Unless otherwise ordered by the Court,
`
`the parties should assume that filing the pretrial order satisfies the pretrial disclosure requirement
`
`of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the joint proposed
`
`' The parties must work together to ensure that the Court receives no more than a total of 250
`pages (i.e., 50 + 50 + 25 regarding one side's motions, and 50 + 50 + 25 regarding the other side's
`motions) of briefing on all case dispositive motions and Daubert motions that are covered by this
`scheduling order and any other scheduling order entered in any related case that is proceeding on
`a consolidated or coordinated pretrial schedule.
`
`13
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 13
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 14 of 16 PageID #: 1600
`
`final pretrial order with the infonnation required by the fonn of Revised Final Pretrial Order -
`Patent, which can be found on the Court's website (www.ded.uscourts.gov), on or before
`February 16, 2023. Unless otherwise ordered by the Court, the parties shall comply with the
`timeframes set forth in Local Rule 16.3( d)(l)-(3) for the preparation of the joint proposed final
`
`pretrial order.
`
`The parties shall provide the Court two (2) courtesy copies of the joint proposed final
`
`pretrial order and all attachments.
`As noted in the Revised Final Pretrial Order - Patent, the parties shall include in their joint
`
`proposed final pretrial order, among other things:
`
`a.
`
`a request for a specific number of hours for their trial presentations, as well
`
`as a requested number of days, based on the assumption that in a typical jury trial day (in which
`there is not jury selection, jury instruction, or deliberations), there will be 5 ½ to 6 ½ hours of trial
`
`time, and in a typical bench trial day there will be 6 to 7 hours of trial time;
`
`b.
`
`their position as to whether the Court should allow objections to efforts to
`
`impeach a witness with prior testimony, including objections based on lack of completeness and/or
`
`lack of inconsistency;
`
`c.
`
`their position as to whether the Court should rule at trial on objections to
`
`expert testimony as beyond the scope of prior expert disclosures, taking time from the parties' trial
`presentation to argue and decide such objections, or defer ruling on all such objections unless
`
`renewed in writing following trial, subject to the proviso that a party prevailing on such a post(cid:173)
`trial objection will be entitled to have all of its costs associated with a new trial paid for by the
`
`party that elicited the improper expert testimony at the earlier trial; and
`
`14
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 14
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 15 of 16 PageID #: 1601
`
`d.
`
`their position as to how to make motions for judgment as a matter of law,
`
`whether it be immediately at the appropriate point during trial or at a subsequent break, whether
`the jury should be in or out of the courtroom, and whether such motions may be supplemented in
`
`writing.
`
`20. Motions in Limine. Motions in limine shall not be separately filed. All in limine
`
`requests and responses thereto shall be set forth in the proposed pretrial order. Each SIDE shall
`be limited to three (3) in limine requests, unless otherwise permitted by the Court. The in limine
`request and any response shall contain the authorities relied upon; each in limine request may be
`supported by a maximum of three (3) pages of argument and may be opposed by a maximum of
`three (3) pages of argument, and the side making the in limine request may add a maximum of one
`(1) additional page in reply in support of its request. If more than one party is supporting or
`opposing an in limine request, such support or opposition shall be combined in a single three (3)
`page submission (and, if the moving party, a single one (1) page reply), unless otherwise ordered
`
`by the Court. No separate briefing shall be submitted on in limine requests, unless otherwise
`
`permitted by the Court.
`
`21.
`
`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried
`
`to a jury, pursuant to Local Rules 47 and 51 the parties should file (i) proposed voir dire, (ii)
`preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three (3)
`business days before the final pretrial conference. This submission shall be accompanied by a
`
`courtesy copy containing electronic files of these documents, in WordPerfect or Microsoft Word
`
`format, which may be submitted by e-mail to Judge Stark's staff.
`Trial. This matter is scheduled for a 5-day trial beginning at 8:30 a.m. on March
`
`22.
`
`20, 2023, with the subsequent trial days beginning at 9:00 a.m. Until the case is submitted to the
`
`15
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 15
`
`
`
`Case 1:20-cv-00601-LPS Document 38 Filed 02/25/21 Page 16 of 16 PageID #: 1602
`
`jury for deliberations, the jury will be excused each day at 4:30 p.m. The trial will be timed, as
`
`counsel will be allocated a total number of hours in which to present their respective cases.
`
`23.
`
`Judgment on Verdict and Post-Trial Status Report. Within seven (7) days after a
`
`jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order
`
`to enter judgment on the verdict. At the same time, the parties shall submit a joint status report,
`
`indicating among other things how the case should proceed and listing any post-trial motions each
`
`party intends to file.
`
`24.
`
`Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES are limited
`
`to a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and IO pages of reply
`briefs relating to any post-trial motions filed by that side, no matter how many such motions are
`
`filed.
`
`UNITEO STATES DISTRICT JUDGE
`
`16
`
`Patent Owner FG SRC LLC
`IPR2021-00633, Ex. 2016, p. 16
`
`