`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`In re EXPRESS MOBILE CASES
`
`Case Nos. 3:19-cv-06559-RS
`3:20-cv-06152-RS
`3:20-cv-08297-RS
`3:20-cv-08321-RS
`3:20-cv-08335-RS
`3:20-cv-08339-RS
`3:20-cv-08461-RS
`3:20-cv-08491-RS
`3:20-cv-08492-RS
`3:21-cv-01145-RS
`
`ORDER RE CLAIM CONSTRUCTION
`SCHEDULE
`
`The parties have presented competing proposals for the claim construction schedule in
`these actions with respect to the RCB patents. Plaintiff’s proposed deadlines effectively follow the
`timing of the local rules as calculated from the filing dates of the newest cases. Defendants request
`dates approximately 30 days later. While plaintiff’s desire not to further delay older cases is
`understandable, the additional time defendants seek is within the range routinely granted as a
`matter of course with respect to the newer cases, and is of marginal effect in the older cases.
`Defendants’ proposed schedule will be adopted, with the claim construction hearing to be held on
`December 8, 2021.
`Defendants also seek clarification as to the scope of the stay previously imposed with
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`Northern District of California
`United States District Court
`
`SAP Exhibit 1025
`SAP v. Express Mobile, Inc.
`IPR2021-01146
`Page 00001
`
`
`
`Case 3:20-cv-08492-RS Document 36 Filed 04/26/21 Page 2 of 2
`
`
`
`respect to the Rempel patents. Plaintiff objects on procedural grounds that the parties’ joint report
`regarding their scheduling negotiations is not an appropriate vehicle for seeking clarification or
`reconsideration of the prior order. Although plaintiff’s procedural point has merit, judicial
`efficiency warrants providing clarification without soliciting further briefing.
`The stay order applied to “any remaining deadlines relating to claim construction as to the
`Rempel patents,” which was intended to refer to those deadlines set out under Local Patent Rule
`4—Claim Construction Proceeding. The deadlines under Rule 3—Patent disclosures, have not
`been stayed. Any potential inefficiencies based on a need to revise contentions or supplement
`document productions in light of future PTO actions do not rise to a level that warrants putting off
`that part of the litigation process.
`
`IT IS SO ORDERED.
`
`Dated: April 26, 2021
`
`
`
`______________________________________
`
`_____ ______________________________________________ ________________________
`RICHARD SEEBORG
`RICHARD SEEBORG
`Chief United States District Judge
`Chief United States District Judge
`
`
`
`2
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`
`CASE NO. 17-cv-02605-RS
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`Northern District of California
`United States District Court
`
`IPR2021-01146 Page 00002
`
`
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