Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 1 of 17 PageID #: 426
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`SISVEL INTERNATIONAL S.A.,
`3G LICENSING S.A., and SISVEL S.p.A.,
`
`Plaintiffs,
`
`v.
`
`CRADLEPOINT, INC.,
`
`Defendant.
`
`SISVEL INTERNATIONAL S.A.,
`3G LICENSING S.A., and SISVEL S.p.A.,
`
`v.
`
`DELL, INC.,
`
`Plaintiffs,
`
`Defendant.
`
`SISVEL INTERNATIONAL S.A.,
`3G LICENSING S.A., and SISVEL S.p.A.,
`
`Plaintiffs,
`
`v.
`HONEYWELL INTERNATIONAL, INC.,
`
`Defendant.
`SISVEL INTERNATIONAL S.A.,
`3G LICENSING S.A., and SISVEL S.p.A.,
`
`Plaintiff,
`
`v.
`
`TCL COMMUNICATION TECHNOLOGY
`HOLDINGS LIMITED, TCT MOBILE
`INTERNATIONAL LIMITED, TCT
`MOBILE, INC., TCT MOBILE (US) INC.,
`and TCT MOBILE (US) HOLDINGS INC.
`
`1
`
`Civil Action No. 1:20-cv-00649-MN
`
`Civil Action No. 1:20-cv-00651-MN
`
`Civil Action No. 1:20-cv-00652-MN
`
`Civil Action No. 1:20-CV-00654-MN
`
`IPR2021-00908 Honeywell Exh. 1012 - Page 1 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 2 of 17 PageID #: 427
`
`Defendants.
`
`SISVEL INTERNATIONAL S.A.,
`3G LICENSING S.A., and SISVEL S.p.A.,
`
`v.
`
`VERIFONE, INC.,
`
`Plaintiffs,
`
`Defendant.
`
`SISVEL INTERNATIONAL S.A.,
`3G LICENSING S.A., and SISVEL S.p.A.,
`
`Plaintiffs,
`
`v.
`
`WIKO SAS and WIKO USA, INC.
`
`Defendants.
`
`Civil Action No. 1:20-cv-00656-MN
`
`Civil Action No. 1:20-cv-00658-MN
`
`SCHEDULING ORDER
`
`This
`
`(cid:27)(cid:87)(cid:75)(cid:3)
`
`(cid:3)
`
`(cid:3)
`day of
`
`(cid:39)(cid:72)(cid:70)(cid:72)(cid:80)(cid:69)(cid:72)(cid:85)
`
`, 2020, the Court having conducted an
`
`initial Rule 16(b) scheduling conference pursuant to Local Rule 16.1(b), 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. Unless
`
`otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
`
`Federal Rule of Civil Procedure 26(a)(l) within thirty (30) days of the date the Court enters this
`
`Order. Additionally, the parties are currently conferring regarding an ESI Order and will submit
`
`2
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`IPR2021-00908 Honeywell Exh. 1012 - Page 2 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 3 of 17 PageID #: 428
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`either an agreed order or a report as to any differences on or before the date on which the parties
`
`submit a proposed Protective Order.
`
`2.
`
`Joinder of Other Parties and Amendment of Pleadings. Unless otherwise
`
`permitted by the Federal Rules of Civil Procedure or permitted by the Court, all motions to join
`
`other parties, and to amend or supplement the pleadings, shall be filed on or before August 5, 2021
`
`for all issues except inequitable conduct; February 4, 2022 for inequitable conduct. Unless
`
`otherwise ordered by the Court, any motion to join a party or motion to amend the pleadings shall
`
`be made pursuant to the procedures set forth in Paragraphs 8(g) and 9.
`
`3.
`
`Application to Court for Protective Order. Should counsel find it will be necessary
`
`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 within thirty (30) days from the date the Court enters this
`
`Order. 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.
`
`4.
`
`Papers Filed Under Seal.
`
`In accordance with section G of the Revised
`
`Administrative 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
`
`3
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`IPR2021-00908 Honeywell Exh. 1012 - Page 3 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 4 of 17 PageID #: 429
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`document.
`
`5.
`
`Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies of
`
`all briefs and 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. All courtesy
`
`copies shall be double-sided.
`
`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 February 26, 2021, Plaintiffs 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). Plaintiffs shall also produce the file history for
`
`each asserted patent.
`
`(b)
`
`By April 15, 2021, Defendants shall, to the extent that they have them in
`
`their possession, 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. Defendants shall also
`
`produce sales figures for the accused product(s).
`
`(c)
`
`By May 13, 2021, Plaintiffs shall produce an initial claim chart relating
`
`each known accused product to the asserted claims each such product allegedly infringes.
`
`(d)
`
`By July 1, 2021, Defendants shall produce their
`
`initial invalidity
`
`contentions for each asserted claim, as well as the known related invalidating references.
`
`Preliminary Elections of Asserted Claims and Prior Art:
`
`(e)
`
`By 30 days prior to Identification of Claim Terms/Constructions,
`
`4
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`IPR2021-00908 Honeywell Exh. 1012 - Page 4 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 5 of 17 PageID #: 430
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`Plaintiffs shall serve a Preliminary Election of asserted claims, which shall assert: no more than
`
`ten claims from each patent and not more than a total of 32 claims.
`
`(f)
`
`By 28 days after the Preliminary Election of Asserted Claims:
`
`Defendants shall serve a Preliminary Election of prior art, which shall assert no more than twelve
`
`prior art references against each patent and no more than a total of 75 references. For purposes of
`
`the Preliminary Election of Prior Art, a prior art instrumentality (such as a device or process) and
`
`associated references that describe that instrumentality shall count as one reference, as shall the
`
`closely related work of a single prior artist. For example, all 3GPP specifications in the same
`
`release count as a single reference.
`
`(g)
`
`(h)
`
`(i)
`
`By March 17, 2022, Plaintiffs shall provide final infringement contentions.
`
`By April 14, 2022, Defendants shall provide final invalidity contentions.
`
`By May 12, 2022, Plaintiffs shall serve a Final Election of asserted claims,
`
`which shall assert: no more than five claims from each patent and not more than a total of 16
`
`claims.
`
`(j)
`
`By June 21, 2022, Defendants shall serve a Final Election of prior art,
`
`which shall assert no more than six prior art references against each patent and no more than a
`
`total of 45 references. For purposes of the Final Election of prior art, each obviousness
`
`combination counts as a separate prior art reference.
`
`8.
`
`Discovery. Unless otherwise ordered by the Court or agreed to by parties, the
`
`limitations on discovery set forth in the Federal Rules shall be strictly observed. The parties
`
`recognize, however, that there are many patents in dispute and that there may be appropriate
`
`circumstances in which limits greater than those set forth here should be followed. If any party
`
`believes that such a situation has arisen, the parties shall confer in good faith regarding any requests
`
`5
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`IPR2021-00908 Honeywell Exh. 1012 - Page 5 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 6 of 17 PageID #: 431
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`to exceed the limits set forth below.
`
`(a)
`
`Discovery Cut-Off. All discovery in this case shall be initiated so that it
`
`will be completed on or before May 24, 2022.
`
`(b)
`
`Document Production. Document production shall be
`
`substantially
`
`complete by January 20, 2022.
`
`(c)
`
`Requests for Admission. A maximum of sixty (60) requests for admission
`
`are permitted for each side in each of the above-captioned cases. Defendants may additionally
`
`serve up to twenty (20) requests collectively on behalf of all Defendants. The above limits do not
`
`apply to requests for admission regarding (1) the authenticity of a particular document or thing,
`
`(2) the admissibility of a particular document or thing, and/or (3) whether a system was “known
`
`or used by others” or a document qualifies as a “printed publication” as of a certain date under 35
`
`U.S.C. § 102.
`
`(d)
`
`Interrogatories.
`
`i.
`
`A
`
`maximum
`
`of
`
`thirty (30) interrogatories, including
`
`contention interrogatories, are permitted for each side in each of the above-captioned cases.
`
`Defendants may additionally serve up to ten (10) interrogatories collectively on behalf of all
`
`Defendants.
`
`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.
`
`6
`
`IPR2021-00908 Honeywell Exh. 1012 - Page 6 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
`
`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 7 of 17 PageID #: 432
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`i.
`
`Limitation on Hours for Deposition Discovery. Defendants are
`
`collectively limited to a total of one hundred (100) hours of testimony by deposition upon oral
`
`examination of Plaintiffs. Plaintiffs are limited to a total of seventy (70) hours of testimony by
`
`deposition upon oral examination of each Defendant. These limitations shall not apply to non-
`
`party depositions, which shall be governed by Federal Rule of Civil Procedure 45.
`
`ii.
`
`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. All parties here agree that all depositions
`
`shall be held at whatever location is most convenient for the witness being deposed.
`
`(f)
`
`Disclosure of Expert Testimony.
`
`i.
`
`Expert Reports. For the party who has the initial burden of proofon
`
`the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of expert
`
`testimony is due on or before July 21, 2022. The supplemental disclosure to contradict or rebut
`
`evidence on the same matter identified by another party is due on or before September 22, 2022.
`
`No other expert reports will be permitted without either the consent of all parties or leave of the
`
`Court. Along with the submissions of the expert reports, the parties shall advise of the dates and
`
`times of their experts’ availability for deposition.
`
`ii.
`
`Expert Report Supplementation. The parties agree they will permit
`
`expert declarations to be filed in connection with motions briefing (including case- dispositive
`
`motions).
`
`7
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`IPR2021-00908 Honeywell Exh. 1012 - Page 7 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 8 of 17 PageID #: 433
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`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
`
`Pharmaceuticals, 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 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 a reasonable effort pursuant to Local
`
`Rule 7.1.1, 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 contact the
`
`Court’s Judicial Administrator to schedule an argument.
`
`iii.
`
`On a date to be set by separate order, generally not less than seven
`
`(7) days 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 generally not less than three (3) days 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.
`
`The parties shall provide to the Court two (2) courtesy copies of
`
`its discovery letter and any other document filed in support of any letter (i.e., appendices, exhibits,
`
`declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy
`
`copies shall be double-sided.
`
`8
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`IPR2021-00908 Honeywell Exh. 1012 - Page 8 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 9 of 17 PageID #: 434
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`v.
`
`Should the Court find further briefing necessary upon conclusion
`
`of the conference, the Court will order it. Alternatively, the Court may choose to resolve the
`
`dispute prior to the conference and will, in that event, cancel the conference.
`
`9.
`
`Avoiding Duplicative Discovery. Many of the issues in this litigation overlap with
`
`those in prior suits brought by Sisvel against Cradlepoint, Dell, Honeywell, and Verifone (D. Del.
`
`Case Nos. 1:19-cv-1142, -1143, -1144, -1247) (“Sisvel I”). The parties agree that, wherever
`
`possible, they will work in good faith to ensure that discovery that could be conducted in both the
`
`present cases and Sisvel I are conducted simultaneously, without unnecessary repetition. Written
`
`discovery responses and document productions made in these cases may be used in Sisvel I, and
`
`vice versa, and common witnesses shall not be deposed more than once, absent a showing of good
`
`cause (meaning a showing that all issues relating to both cases could not be covered in a single
`
`deposition). Nothing in this paragraph shall preclude the defendants that are not parties to the
`
`Sisvel I actions from taking and obtaining discovery relevant to issues in these cases, including
`
`from depositions of witnesses who may have been deposed previously in connection with the
`
`Sisvel I cases.
`
`10.
`
`Motions to Amend / Motions to Strike.
`
`(a)
`
`Any motion to amend (including a motion for leave to amend) a pleading
`
`or any motion to strike any pleading or other document shall be made pursuant to the discovery
`
`dispute procedure set forth in Paragraph 8(g) above.
`
`(b)
`
`Any such motion shall attach the proposed amended pleading as well as
`
`a “redline” comparison to the prior pleading or attach the document to be stricken.
`
`11.
`
`Technology Tutorials. Although technology tutorials are not required by the Court,
`
`they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or
`
`9
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`IPR2021-00908 Honeywell Exh. 1012 - Page 9 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 10 of 17 PageID #: 435
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`before the date that the Joint Claim Construction Brief is filed.
`
`12.
`
`Claim Construction Issue Identification. On August 26, 2021 the parties shall
`
`exchange a list of those claim term(s)/phrase(s) that they believe need construction and their
`
`proposed claim construction of those term(s)/phrase(s). This document will not be filed with the
`
`Court. Subsequent to exchanging that list, no later than September 23, 2021, the parties will meet
`
`and confer to prepare a Joint Claim Construction Chart to be submitted at least two weeks prior to
`
`service of the opening claim construction brief. The parties’ Joint Claim Construction Chart
`
`should identify for the Court the term(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. Plaintiffs shall serve, but not file, their opening
`
`brief on October 28, 2021. Defendants shall collectively serve, but not file, their answering brief
`
`on December 2, 2021. Plaintiffs shall serve, but not file, its reply brief on December 23, 2021.
`
`Defendants shall collectively serve, but not file, their sur-reply brief on January 13, 2022. No
`
`later than January 20, 2022, the parties shall file a Joint Claim Construction Brief. The parties
`
`shall copy and paste their unfiled briefs into one brief, with their positions on each claim term in
`
`sequential order, in substantially the form below.
`
`JOINT CLAIM CONSTRUCTION BRIEF
`
`I.
`
`II.
`
`Agreed-Upon Constructions
`
`Disputed Constructions
`
`[TERM 1]
`
`10
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`IPR2021-00908 Honeywell Exh. 1012 - Page 10 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 11 of 17 PageID #: 436
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`1.
`
`2.
`
`3.
`
`4.
`
`Plaintiff’s Opening Position
`
`Defendant’s Answering Position
`
`Plaintiff’s Reply Position
`
`Defendant’s Sur-Reply Position
`
`[TERM 2]
`
`1.
`
`2.
`
`3.
`
`4.
`
`Plaintiff’s Opening Position
`
`Defendant’s Answering Position
`
`Plaintiff’s Reply Position
`
`Defendant’s Sur-Reply Position
`
`The parties need not include any general summaries of the law relating to claim
`
`construction. If there are any materials that would be submitted in an index, the parties shall
`
`submit them in a Joint Appendix.
`
`Because there are different patents asserted against different groupings of Defendants,
`
`and because it is not currently known which and how many terms will be disputed for each
`
`patent, on September 23, 2021, the parties will submit a joint report regarding page limits for
`
`claim construction briefing.
`
`13.
`
`Hearing on Claim Construction. Beginning at
`
`(cid:21)(cid:29)(cid:19)(cid:19)
`
`on February __, 2022, the
`(cid:20)(cid:19)
`
`Court will hear argument on claim construction. The parties need not include any general
`
`summaries of the law relating to claim construction in their presentations to the Court. The parties
`
`shall notify the Court, by joint letter submission, no later than the date on which their joint claim
`
`construction brief is filed: (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.
`
`Provided that the parties comply with all portions of this Scheduling Order, and any
`
`11
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`IPR2021-00908 Honeywell Exh. 1012 - Page 11 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 12 of 17 PageID #: 437
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`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.
`
`14.
`
`Supplementation. Absent agreement among the parties, and approval of the Court,
`
`no later than March 17, 2022, Plaintiffs must finally supplement, inter alia, the identification of
`
`all accused products, and no later than April 14, 2022, Defendants must finally supplement the
`
`identification of all invalidity references.
`
`15.
`
`Case Dispositive Motions.
`
`(a)
`
`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 3, 2022. Briefing will
`
`be presented pursuant to the Court’s Local Rules. No case-dispositive motion under Rule 56
`
`may be filed more than ten (10) days before the above date without leave of the Court.
`
`(b)
`
`Concise Statement of Facts Requirement. Any motion for summary
`
`judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages,
`
`which details each material fact which the moving party contends is essential for the Court’s
`
`resolution of the summary judgment motion (not the entire case) and as to which the moving
`
`party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate
`
`numbered paragraph and shall be supported by specific citation(s) to the record.
`
`Any party opposing the motion shall include with its opposing papers a response to the
`
`moving party’s concise statement, not to exceed six (6) pages, which admits or disputes the facts
`
`set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the
`
`extent a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the
`
`12
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`IPR2021-00908 Honeywell Exh. 1012 - Page 12 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
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`

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`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 13 of 17 PageID #: 438
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`record. Failure to respond to a fact presented in the moving party’s concise statement of facts
`
`shall indicate that fact is not in dispute for purposes of summary judgment. The party opposing
`
`the motion may also include with its opposing papers a separate concise statement, not to exceed
`
`four (4) pages, which sets forth material facts as to which the opposing party contends there is a
`
`genuine issue to be tried. Each fact asserted by the opposing party shall also be set forth in a
`
`separate numbered paragraph and shall be supported by specific citation(s) to the record.
`
`The moving party shall include with its reply papers a response to the opposing party’s
`
`concise statement of facts, not to exceed four (4) pages, on a paragraph-by-paragraph basis.
`
`Failure to respond to a fact presented in the opposing party’s concise statement of facts shall
`
`indicate that fact remains in dispute for purposes of summary judgment.
`
`(c)
`
`Page limits combined with Daubert motion page limits. Given the
`
`number of Defendants, the varying groupings of patents asserted against different Defendants, the
`
`pendency of IPR petitions for all asserted patents, uncertainty about the number of experts to be
`
`used and the extent to which Defendants will share experts, and other uncertainties, the parties
`
`suggest that they should confer and submit a joint letter to the Court stating their agreed or disputed
`
`proposals as to the number of pages to be permitted for case-dispositive motions and Daubert
`
`motions no later than October 13, 2022.
`
`16.
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`Applications by Motion. Except as otherwise specified herein, any application to
`
`the Court shall be by written motion. Any non-dispositive motion should contain the statement
`
`required by Local Rule 7.1.1.
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`17.
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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 applicable to each
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`separate trial for each of the above-captioned cases. Each SIDE in each of the above-captioned
`
`13
`
`IPR2021-00908 Honeywell Exh. 1012 - Page 13 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
`
`

`

`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 14 of 17 PageID #: 439
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`cases shall be limited to three (3) in limine requests, unless otherwise permitted by the Court. The
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`in limine request and any response shall contain the authorities relied upon; each in limine request
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`may be supported by a maximum of three (3) pages of argument, 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 (l) additional page in reply in support of its request. If more than one party is supporting or
`
`opposing an in limine request in connection with a trial other than their own, 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
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`submitted on in limine requests, unless otherwise permitted by the Court.
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`18.
`
`(cid:22)
`Pretrial Conference. On April __, 2023, the Court will hold a pretrial conference for
`
`the first of these related cases to be tried, in Court with counsel beginning at
`
`(cid:20)(cid:29)(cid:19)(cid:19)(cid:3)
`__. Unless otherwise
`
`ordered by the Court, the relevant parties should assume that filing the pretrial order satisfies the
`
`pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3). The relevant parties
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`for the case to be tried shall file with the Court the joint proposed final pretrial order in compliance
`
`with Local Rule 16.3(c) and the Court’s Preferences and Procedures for Civil Cases not later than
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`seven (7) days before the pretrial conference. Unless otherwise ordered by the Court, the relevant
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`parties shall comply with the timeframes set forth in Local Rule 16.3(d)(1)-(3) for the preparation
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`of the joint proposed final pretrial order.
`
`The parties shall provide the Court two (2) double-sided courtesy copies of the joint
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`proposed final pretrial order and all attachments. The proposed final pretrial order shall contain a
`
`table of contents(cid:3)(cid:68)(cid:81)(cid:71)(cid:3)(cid:87)(cid:75)(cid:72)(cid:3)(cid:83)(cid:68)(cid:85)(cid:68)(cid:74)(cid:85)(cid:68)(cid:83)(cid:75)(cid:86)(cid:3)(cid:86)(cid:75)(cid:68)(cid:79)(cid:79)(cid:3)(cid:69)(cid:72)(cid:3)(cid:81)(cid:88)(cid:80)(cid:69)(cid:72)(cid:85)(cid:72)(cid:71).
`
`19.
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`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried
`
`to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1 the parties should file (i) proposed voir dire,
`
`14
`
`IPR2021-00908 Honeywell Exh. 1012 - Page 14 of 17
`(Honeywell International, Inc., et al. v. 3G Licensing S.A.)
`
`

`

`Case 1:20-cv-00652-MN Document 18 Filed 12/08/20 Page 15 of 17 PageID #: 440
`
`(cid:86)(cid:72)(cid:89)(cid:72)(cid:81)
`(ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms three
`(cid:11)(cid:26)(cid:12)
`(3) business days before the final pretrial conference. This submission shall be accompanied by a
`
`courtesy copy containing electronic files of these documents, in Microsoft Word format, which
`
`may be submitted by e-mailto mn_civil@ded.uscourts.gov.
`
`20.
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`Trial. On December 15, 2022, the parties shall submit a joint report stating their
`
`views as to the ordering of trials amongst Defendants. The Court shall then issue an order
`
`identifying the first case that will be tried. The first trial in this matter is scheduled for a ten (10)
`
`day* trial beginning at 9:30 a.m. on (cid:36)(cid:83)(cid:85)(cid:76)(cid:79) (cid:20)(cid:19), 2023, with the subsequent trial days beginning
`
`at 9:00 a.m. Until the case is submitted to the 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
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`which to present their respective cases. Subsequent trials for other Defendants will be scheduled
`
`upon completion of the first trial.
`
`21.
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`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 relevant parties to the case to which the jury
`
`verdict applies 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.
`
`22.
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`Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES for each of
`
`the above-captioned cases are limited to a maximum of 20 pages of opening briefs, 20 pages of
`
`answering briefs, and 10 pages of reply briefs relating to any post-trial motions filed by that side,
`
`no matter how many such motions are filed.
`
`ays for
`* Although the Court is setting aside 10-days for
`trialllllllllllllllllllllllllllllllll
` the first jury trial, the actual number of trial
` days will be determined closer to trial.
`
`(cid:55)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:75)(cid:72)(cid:3)(cid:43)(cid:82)(cid:81)(cid:82)(cid:81)(cid:82)(cid:82)(cid:81)(cid:82)(cid:81)(cid:81)(cid:82)(cid:81)(cid:82)(cid:81)(cid:82)(cid:81)(cid:82)(cid:81)(cid:82)(cid:81)(cid:82)(cid:82)(cid:82)(cid:81)(cid:82)(cid:81)(cid:81)(cid:81)(cid:82)(cid:81)(cid:82)(cid:81)(cid:82)(cid:82)(cid:81)(cid:82)(cid:81)(cid:82)(cid:81)(cid:81)(cid:81)(cid:82)(cid:81)(cid:81)(cid:81)(cid:81)(cid:82)(cid:81)(cid:81)(cid:82)(cid:81)(cid:82)(cid:81)(cid:81)(cid:81)(cid:81)(cid:82)(cid:82)(cid:81)(cid:81)(cid:81)(cid:81) (cid:85)(cid:68)(cid:69)(cid:79)(cid:72)(cid:3)(cid:48)(cid:68)(cid:85)(cid:92)(cid:72)(cid:79)(cid:79)(cid:72)(cid:81)(cid:3)(cid:49)(cid:82)(cid:85)(cid:72)(cid:76)(cid:78)(cid:68)
`(cid:55)(cid:75)(cid:72)(cid:3)(cid:43)(cid:82)(cid:81)(cid:82)(cid:85)(cid:68)(cid:69)(cid:79)(cid:72)(cid:3)(cid:48)(cid:68)(cid:85)(cid:92)(cid:72)(cid:79)(cid:79)(cid:72)(cid:81)(cid:3)(cid:49)(cid:82)(cid:85)(cid:72)(cid:76)(cid:78)(cid:68)
`(cid:56)(cid:81)(cid:76)(cid:87)(cid:72)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71)(cid:71) (cid:54)(cid:87)(cid:68)(cid:87)(cid:72)(cid:86) (cid:39)(cid:76)(cid:86)(cid:87)(cid:85)(cid:76)(cid:70)(cid:87) (cid:45)(cid:88)(cid:71)(cid:74)(cid:72)
`(cid:56)(cid:81)(cid:76)(cid:87)(cid:72)(cid:71)(cid:3)(cid:54)(cid:87)(cid:68)(cid:87)(cid:72)(cid:86)(cid:3)(cid:39)(cid:76)(cid:86)(cid:87)(cid:85)(cid:76)(cid:70)(ci