Case 1:21-cv-00064-MN Document 21 Filed 04/16/21 Page 1 of 14 PageID #: 232
`Case 1:21-cv-00064-MN Document 21 Filed 04/16/21 Page 1 of 14 PagelD #: 232
`
`IN THE UNITED STATES DISTRICT COURT
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`FOR THE DISTRICT OF DELAWARE
`
`SAFE DRIVING TECHNOLOGIES LLC,
`SAFE DRWING TECHNOLOGIES LLC,
`Plaintiff,
`Plaintiff,
`
`v.
`v.
`
`FORD MOTOR COMPANY,
`FORD MOTOR COMPANY,
`
`Defendant.
`Defendant.
`
`Civil Action No. 21-cv-64-MN
`Civil Action No. 21-cv-64-MN
`
`JURY TRIAL DEMANDED
`JURY TRIAL DEMANDED
`
`SCHEDULING ORDER
`SCHEDULING ORDER
`
`This
`(cid:20)(cid:25)(cid:87)(cid:75)(cid:3)
`This 16th
`
`day of
`(cid:3)
`(cid:3)(cid:36)(cid:83)(cid:85)(cid:76)(cid:79)
`day of April
`
`, 2021, the parties having determined after discussion that
` , 2021, the parties having determined after discussion that
`
`the matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding
`the matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding
`
`arbitration;
`arbitration;
`
`IT IS HEREBY ORDERED that:
`IT IS HEREBY ORDERED that:
`
`1.
`1.
`
`Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. Unless
`Rule 26(a)(1) Initial Disclosures and E-Discovery Default Standard. Unless
`
`otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
`otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
`
`Federal Rule of Civil Procedure 26(a)(l) within five (5) days of the date the Court enters this
`Federal Rule of Civil Procedure 26(a)(1) within five (5) days of the date the Court enters this
`
`Order. If they have not already done so, the parties are to review the Court’s Default Standard
`Order. If they have not already done so, the parties are to review the Court's Default Standard
`
`for Discovery, Including Discovery of Electronically Stored Information (‘‘ESI”), which is
`for Discovery, Including Discovery of Electronically Stored Information ("ESI"), which is
`
`posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery)
`posted at http://www.ded.uscourts.gov (see Other Resources, Default Standard for Discovery)
`
`and is incorporated herein by reference.
`and is incorporated herein by reference.
`
`2.
`2.
`
`Joinder of Other Parties and Amendment of Pleadings. All motions to join other
`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 December 15, 2021.
`parties, and to amend or supplement the pleadings, shall be filed on or before December 15, 2021.
`
`Unless otherwise ordered by the Court, any motion to join a party or motion to amend the
`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.
`pleadings shall be made pursuant to the procedures set forth in Paragraphs 8(g) and 9.
`
`3.
`3.
`
`Application to Court for Protective Order. Should counsel find it will be
`Application to Court for Protective Order. Should counsel find it will be
`
`1 1
`
`FORD EX. 1028, p. 1
`
`

`

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`necessary to apply to the Court for a protective order specifying terms and conditions for the
`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
`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 ten (10) days from the date the
`on a proposed form of order and submit it to the Court within ten (10) days from the date the
`
`Court enters this Order. Should counsel be unable to reach an agreement on a proposed form of
`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.
`order, counsel must follow the provisions of Paragraph 8(g) below.
`
`Any proposed protective order must include the following paragraph:
`Any proposed protective order must include the following paragraph:
`
`Other Proceedings. By entering this order and limiting the
`Other Proceedings. By entering this order and limiting the
`disclosure of information in this case, the Court does not intend to
`disclosure of information in this case, the Court does not intend to
`preclude another court from finding that information may be
`preclude another court from finding that information may be
`relevant and subject to disclosure in another case. Any person or
`relevant and subject to disclosure in another case. Any person or
`party subject to this order who becomes subject to a motion to
`party subject to this order who becomes subject to a motion to
`disclose another party’s information designated “confidential” [the
`disclose another party's information designated "confidential" [the
`parties should list any other level of designation, such as “highly
`parties should list any other level of designation, such as "highly
`confidential,” which may be provided for in the protective order]
`confidential," which may be provided for in the protective order]
`pursuant to this order shall promptly notify that party of the motion
`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
`so that the party may have an opportunity to appear and be heard
`on whether that information should be disclosed.
`on whether that information should be disclosed.
`
`4.
`4.
`
`Papers Filed Under Seal. In accordance with section G of the Revised
`Papers Filed Under Seal.
`In accordance with section G of the Revised
`
`Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version
`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
`of any sealed document shall be filed electronically within seven (7) days of the filing of the
`
`sealed document.
`sealed document.
`
`5.
`5.
`
`Courtesy Copies. The parties shall provide to the Court two (2) courtesy copies
`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,
`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
`declarations, affidavits etc.). This provision also applies to papers filed under seal. All courtesy
`
`copies shall be double-sided.
`copies shall be double-sided.
`
`6.
`6.
`
`ADR Process. This matter is referred to a magistrate judge to explore the
`ADR Process. This matter is referred to a magistrate judge to explore the
`
`possibility of alternative dispute resolution.
`possibility of alternative dispute resolution.
`
`7.
`7.
`
`Disclosures. Absent agreement among the parties, and approval of the Court:
`Disclosures. Absent agreement among the parties, and approval of the Court:
`
`(a)
`(a)
`
`By April 16, 2021, Plaintiff shall identify the accused product(s),
`By April 16, 2021, Plaintiff shall identify the accused product(s),
`
` 2
`
`
`2
`
`FORD EX. 1028, p. 2
`
`

`

`Case 1:21-cv-00064-MN Document 21 Filed 04/16/21 Page 3 of 14 PageID #: 234
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`including accused methods and systems, and its damages model, as well as the asserted
`including accused methods and systems, and its damages model, as well as the asserted
`
`patents that the accused products allegedly infringe. Plaintiff shall also produce the file
`patents that the accused products allegedly infringe. Plaintiff shall also produce the file
`
`history for each asserted patent.
`history for each asserted patent.
`
`(b)
`(b)
`
`By June 7, 2021, Defendant shall produce core technical
`By June 7, 2021, Defendant shall produce core technical
`
`documents related to the accused product(s), sufficient to show how the accused product(s)
`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
`work(s), including but not limited to non-publicly available operation manuals, product
`
`literature, schematics, and specifications. Defendant shall also produce sales volumes and
`literature, schematics, and specifications. Defendant shall also produce sales volumes and
`
`related financial information for the accused products.
`related financial information for the accused products.
`
`(c)
`(c)
`
`By July 28, 2021, Plaintiff shall produce an initial claim chart
`By July 28, 2021, Plaintiff shall produce an initial claim chart
`
`relating each known accused product to the asserted claims each such product allegedly
`relating each known accused product to the asserted claims each such product allegedly
`
`infringes. Plaintiff shall not assert more than 50 claims in the initial claim chart.
`infringes. Plaintiff shall not assert more than 50 claims in the initial claim chart.
`
`(d)
`(d)
`
`By September 14, 2021, Defendant shall produce its initial invalidity
`By September 14, 2021, Defendant shall produce its initial invalidity
`
`contentions for each asserted claim, as well as the known related invalidating references.
`contentions for each asserted claim, as well as the known related invalidating references.
`
`(e)
`(e)
`
`By April 1, 2022, Plaintiff shall provide final infringement
`By April 1, 2022, Plaintiff shall provide final infringement
`
`contentions.
`contentions.
`
`contentions.
`contentions.
`
`(f)
`(f)
`
`By April 14, 2022, Defendant shall provide final invalidity
`By April 14, 2022, Defendant shall provide final invalidity
`
`8.
`8.
`
`Discovery. Unless otherwise ordered by the Court or agreed to by parties, the
`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.
`limitations on discovery set forth in the Federal Rules shall be strictly observed.
`
`(a)
`(a)
`
`Fact Discovery Cut Off. All fact discovery in this case shall be
`Fact Discovery Cut Off. All fact discovery in this case shall be
`
`initiated so that it will be completed on or before April 29, 2022.
`initiated so that it will be completed on or before April 29, 2022.
`
`(b)
`(b)
`
`Document Production. Document production shall be substantially
`Document Production. Document production shall be substantially
`
`complete by November 17, 2021.
`complete by November 17, 2021.
`
`(c)
`(c)
`
`Requests for Admission. A maximum of 30 requests for admission are
`Requests for Admission. A maximum of 30 requests for admission are
`
` 3
`
`
`3
`
`FORD EX. 1028, p. 3
`
`

`

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`permitted for each side.
`permitted for each side.
`
`(d)
`(d)
`
`Interrogatories.
`Interrogatories.
`
`i.
`i.
`
`A maximum of 28 interrogatories, including contention
`A maximum of 28 interrogatories, including contention
`
`interrogatories, are permitted for each side.
`interrogatories, are permitted for each side.
`
`ii.
`ii.
`
`The Court encourages the parties to serve and respond to
`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 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.
`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
`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).
`provides (i.e., the more detail a party provides, the more detail a party shall receive).
`
`(e)
`(e)
`
`Depositions.
`Depositions.
`
`i.
`i.
`
`Limitation on Hours for Deposition Discovery. Each side is
`Limitation on Hours for Deposition Discovery. Each side is
`
`limited to a total of 52 hours of taking testimony by deposition upon oral examination.
`limited to a total of 52 hours of taking testimony by deposition upon oral examination.
`
`ii.
`ii.
`
`Location of Depositions. Any party or representative (officer,
`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
`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.
`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
`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
`counterclaimant, cross-claimant, or third-party plaintiff shall be considered as having filed an
`
`action in this Court for the purpose of this provision.
`action in this Court for the purpose of this provision.
`
`(f)
`(f)
`
`Disclosure of Expert Testimony.
`Disclosure of Expert Testimony.
`
`i.
`i.
`
`Expert Reports. For the party who has the initial burden of
`Expert Reports. For the party who has the initial burden of
`
`proof on the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of
`proof on the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure of
`
`expert testimony is due on or before May 16, 2022. The supplemental disclosure to contradict
`expert testimony is due on or before May 16, 2022. The supplemental disclosure to contradict
`
`or rebut evidence on the same matter identified by another party is due on or before June 17,
`or rebut evidence on the same matter identified by another party is due on or before June 17,
`
`2022. Reply expert reports from the party with the initial burden of proof are due on or before
`2022. Reply expert reports from the party with the initial burden of proof are due on or before
`
` 4
`
`
`4
`
`FORD EX. 1028, p. 4
`
`

`

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`July 13, 2022. No other expert reports will be permitted without either the consent of all parties
`July 13, 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
`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.
`of the dates and times of their experts' availability for deposition.
`
`ii.
`ii.
`
`Expert Report Supplementation. The parties agree they will
`Expert Report Supplementation. The parties agree they will
`
`permit expert declarations to be filed in connection with motions briefing (including case-
`permit expert declarations to be filed in connection with motions briefing (including case-
`
`dispositive motions).
`dispositive motions).
`
`iii.
`iii.
`
`Objections to Expert Testimony. To the extent any objection to
`Objections to Expert Testimony. To the extent any objection to
`
`expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow
`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,
`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,
`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
`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.
`set out in connection with briefing of case dispositive motions.
`
`iv.
`iv.
`
`Expert Discovery Cut-Off. All expert discovery in this case shall
`Expert Discovery Cut-Off. All expert discovery in this case shall
`
`be initiated so that it will be completed on or before August 12, 2022.
`be initiated so that it will be completed on or before August 12, 2022.
`
`(g)
`(g)
`
`Discovery Matters and Disputes Relating to Protective Orders.
`Discovery Matters and Disputes Relating to Protective Orders.
`
`i.
`i.
`
`Any discovery motion filed without first complying with the
`Any discovery motion filed without first complying with the
`
`following procedures will be denied without prejudice to renew pursuant to these procedures.
`following procedures will be denied without prejudice to renew pursuant to these procedures.
`
`ii.
`ii.
`
`Should counsel find, after a reasonable effort pursuant to Local
`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
`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
`order, the parties involved in the discovery matter or protective order dispute shall contact the
`
`Court’s Judicial Administrator to schedule an argument.
`Court's Judicial Administrator to schedule an argument.
`
`iii.
`iii.
`
`On a date to be set by separate order, generally not less than
`On a date to be set by separate order, generally not less than
`
`four (4) days prior to the conference, the party seeking relief shall file with the Court a letter, not
`four (4) 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
`to exceed three (3) pages, outlining the issues in dispute and its position on those issues. On a
`
` 5
`
`
`5
`
`FORD EX. 1028, p. 5
`
`

`

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`date to be set by separate order, but generally not less than three (3) days prior to the conference,
`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,
`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.
`outlining that party's reasons for its opposition.
`
`iv.
`iv.
`
`The parties shall provide to the Court two (2) courtesy copies
`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,
`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
`exhibits, declarations, affidavits etc.). This provision also applies to papers filed under seal. All
`
`courtesy copies shall be double-sided.
`courtesy copies shall be double-sided.
`
`v.
`v.
`
`Should the Court find further briefing necessary upon
`Should the Court find further briefing necessary upon
`
`conclusion of the conference, the Court will order it. Alternatively, the Court may choose to
`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.
`resolve the dispute prior to the conference and will, in that event, cancel the conference.
`
`9.
`9.
`
`Motions to Amend / Motions to Strike.
`Motions to Amend / Motions to Strike.
`
`(a)
`(a)
`
`Any motion to amend (including a motion for leave to amend) a pleading
`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
`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.
`dispute procedure set forth in Paragraph 8(g) above.
`
`(b)
`(b)
`
`Any such motion shall attach the proposed amended pleading as well as a
`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.
`"redline" comparison to the prior pleading or attach the document to be stricken.
`
`10.
`10.
`
`Technology Tutorials. Although technology tutorials are not required by the
`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
`Court, they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted
`
`on or before the date that the Joint Claim Construction Brief is filed.
`on or before the date that the Joint Claim Construction Brief is filed.
`
`11.
`11.
`
`Claim Construction Issue Identification. On September 21, 2021, the parties shall
`Claim Construction Issue Identification. On September 21, 2021, the parties shall
`
`exchange a list of those claim term(s)/phrase(s) that they believe need construction and their
`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
`proposed claim construction of those term(s)/phrase(s). This document will not be filed with the
`
`Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint
`Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint
`
`Claim Construction Chart to be submitted two weeks prior to service of the opening claim
`Claim Construction Chart to be submitted two weeks prior to service of the opening claim
`
` 6
`
`
`6
`
`FORD EX. 1028, p. 6
`
`

`

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`construction brief. The parties’ Joint Claim Construction Chart should identify for the Court the
`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
`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
`of the disputed claim language with citation(s) only to the intrinsic evidence in support of their
`
`respective proposed constructions. Intrinsic evidence (including copies of the patent(s) at issue)
`respective proposed constructions. Intrinsic evidence (including copies of the patent(s) at issue)
`
`shall NOT be attached to the joint claim construction chart and, instead, the parties shall include
`shall NOT be attached to the joint claim construction chart and, instead, the parties shall include
`
`a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy
`a joint appendix with the joint claim construction brief, and the joint appendix shall include a copy
`
`of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise
`of the patent(s) at issue and portions of all relevant intrinsic evidence that would have otherwise
`
`been included with the joint claim construction chart, as well as any additional evidence cited in
`been included with the joint claim construction chart, as well as any additional evidence cited in
`
`the parties’ briefing.
`the parties' briefing.
`
`12.
`12.
`
`Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening
`Claim Construction Briefmg. The Plaintiff shall serve, but not file, its opening
`
`brief, not to exceed 20 pages, on October 15, 2021. The Defendant shall serve, but not file, its
`brief, not to exceed 20 pages, on October 15, 2021. The Defendant shall serve, but not file, its
`
`answering brief, not to exceed 30 pages, on November 12, 2021. The Plaintiff shall serve, but
`answering brief, not to exceed 30 pages, on November 12, 2021. The Plaintiff shall serve, but
`
`not file, its reply brief, not to exceed 20 pages, on December 3, 2021. The Defendant shall serve,
`not file, its reply brief, not to exceed 20 pages, on December 3, 2021. The Defendant shall serve,
`
`but not file, its sur-reply brief, not to exceed 10 pages, on December 20, 2021. No later than
`but not file, its sur-reply brief, not to exceed 10 pages, on December 20, 2021. No later than
`
`January 6, 2022, the parties shall file a Joint Claim Construction Brief. The parties shall copy
`January 6, 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
`and paste their unfiled briefs into one brief, with their positions on each claim term in sequential
`
`order, in substantially the form below. If the joint brief as submitted is more than 80 pages, the
`order, in substantially the form below. If the joint brief as submitted is more than 80 pages, the
`
`parties must certify that the page limits (or equivalent word counts) in the Scheduling Order have
`parties must certify that the page limits (or equivalent word counts) in the Scheduling Order have
`
`been complied with and provide a brief explanation (e.g., formatting issues, listing of agreed-
`been complied with and provide a brief explanation (e.g., formatting issues, listing of agreed-
`
`upon terms) as to why the brief is longer than 80 pages.
`upon terms) as to why the brief is longer than 80 pages.
`
`
`
`JOINT CLAIM CONSTRUCTION BRIEF
`JOINT CLAIM CONSTRUCTION BRIEF
`
` 7
`
`
`7
`
`I.
`I.
`
`II.
`II.
`
`Agreed-Upon Constructions
`Agreed-Upon Constructions
`
`Disputed Constructions
`Disputed Constructions
`
`FORD EX. 1028, p. 7
`
`

`

`Case 1:21-cv-00064-MN Document 21 Filed 04/16/21 Page 8 of 14 PageID #: 239
`Case 1:21-cv-00064-MN Document 21 Filed 04/16/21 Page 8 of 14 PagelD #: 239
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`[TERM 1]
`[TERM 1]
`
`1.
`1.
`
`2.
`2.
`
`3.
`3.
`
`4.
`4.
`
`Plaintiff’s Opening Position
`Plaintiffs Opening Position
`
`Defendant’s Answering Position
`Defendant's Answering Position
`
`Plaintiff’s Reply Position
`Plaintiff's Reply Position
`
`Defendant’s Sur- Reply Position
`Defendant's Sur- Reply Position
`
`[TERM 2]
`[TERM 2]
`
`1.
`1.
`
`2.
`2.
`
`3.
`3.
`
`4.
`4.
`
`Plaintiff’s Opening Position
`Plaintiffs Opening Position
`
`Defendant’s Answering Position
`Defendant's Answering Position
`
`Plaintiff’s Reply Position
`Plaintiff's Reply Position
`
`Defendant’s Sur-Reply Position
`Defendant's Sur-Reply Position
`
`The parties need not include any general summaries of the law relating to claim construction. If
`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
`there are any materials that would be submitted in an index, the parties shall submit them in a
`
`Joint Appendix.
`Joint Appendix.
`
`13.
`13.
`
`Hearing on Claim Construction. Beginning at _____________ on January 28,
`(cid:21)(cid:29)(cid:19)(cid:19)(cid:3)(cid:83)(cid:17)(cid:80)(cid:17)
`Hearing on Claim Construction. Beginning at 2:00 p.m.
` on January 28,
`
`2022, the Court will hear argument on claim construction. The parties need not include any
`2022, the 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.
`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
`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
`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.
`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 other
`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
`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
`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
`unable to meet this goal, it will advise the parties no later than sixty (60) days after the conclusion
`
`8 8
`
`FORD EX. 1028, p. 8
`
`

`

`Case 1:21-cv-00064-MN Document 21 Filed 04/16/21 Page 9 of 14 PageID #: 240
`Case 1:21-cv-00064-MN Document 21 Filed 04/16/21 Page 9 of 14 PagelD #: 240
`
`of the claim construction hearing.
`of the claim construction hearing.
`
`14.
`14.
`
`Supplementation. Absent agreement among the parties, and approval of the
`Supplementation. Absent agreement among the parties, and approval of the
`
`Court, no later than March 4, 2022 the parties must finally supplement, inter alia, the
`Court, no later than March 4, 2022 the parties must finally supplement, inter alia, the
`
`identification of all accused products and of all invalidity references.
`identification of all accused products and of all invalidity references.
`
`15.
`15.
`
`Case Dispositive Motions.
`Case Dispositive Motions.
`
`(a)
`(a)
`
`All case dispositive motions, an opening brief, and affidavits, if any, in
`All case dispositive motions, an opening brief, and affidavits, if any, in
`
`support of the motion shall be served and filed on or before September 2, 2022. Briefing will be
`support of the motion shall be served and filed on or before September 2, 2022. Briefing will be
`
`presented pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 may
`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.
`be filed more than ten (10) days before the above date without leave of the Court.
`
`(b)
`(b)
`
`Concise Statement of Facts Requirement. Any motion for summary
`Concise Statement of Facts Requirement. Any motion for summary
`
`judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages,
`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
`which details each material fact which the moving party contends is essential for the Court's
`
`resolution of the summary ju