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`Case 1:21-cv-01578-VEC Document 25-1 Filed 04/22/21 Page 1 of 8Case 1:21-cv-01578-VEC Document 27 Filed 04/22/21 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
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`4/22/2021
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`MOLO DESIGN, LTD.,
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`Plaintiff,
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`v.
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`CHANEL, INC.,
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`Defendant.
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`21-CV-01578 (VEC)
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`[PROPOSED] CIVIL CASE
`MANAGEMENT PLAN AND
`SCHEDULING ORDER
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`This Civil Case Management Plan is submitted by the parties in accordance with Fed. R.
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`Civ. P. 26(f)(3).
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`1.
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`All parties do not consent to conducting all further proceedings before a United
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`States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c).
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`2.
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`Except for amendments permitted by Fed. R. Civ. P. 15(a)(1) and this Court’s
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`Individual Practices in Civil Cases (“Individual Practices”), amended pleadings may not be filed
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`and additional parties may not be joined except with leave of the Court. Except by further Order
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`of the Court for good cause shown, any motion to amend or to join additional parties shall be filed
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`within 30 days from the date of this Order.
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`3.
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`Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be completed no later
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`than 14 days from the date of this Order.
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`4.
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`Discovery
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`USDC SDNY
`DOCUMENT
`ELECTRONICALLY FILED
`DOC #:
`DATE FILED:
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 1
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`a. All fact discovery shall be completed no later than March 11, 2022, or 60
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`days after the Court’s Claim Construction Order, whichever is later.1
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`b. All expert discovery,
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`including reports, production of underlying
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`documents, and depositions shall be completed no later than June 10, 2022,
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`or 150 days after the Court’s Claim Construction Order, whichever is later.
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`c. Within two weeks of the date of entry of this Scheduling Order, the parties
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`shall meet and confer by teleconference to agree upon a joint plan for
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`meeting the discovery deadlines.
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`d. In the case of discovery disputes, the parties should follow Local Civil Rule
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`37.2 with the following modifications: Any party wishing to raise a
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`discovery dispute with the Court must first meet and confer in good faith
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`with the opposing party, in person, or by telephone, in an effort to resolve
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`the dispute. If this process fails and the Court’s intervention is required, the
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`parties must jointly call Chambers to schedule a joint teleconference with
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`the Court for prompt resolution of the dispute. The Court will determine
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`during the teleconference whether additional submissions will be required.
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`5.
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`Counsel for the parties believe the following alternative dispute resolution
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`mechanisms may be helpful in resolving this case:
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`a. _____ Immediate referral to the District’s Mediation Program
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`b. _____ Immediate referral to a Magistrate Judge
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`1 The Parties respectfully propose that the close of fact and expert discovery should be after the
`Court issues its claim construction order, as is common practice in patent cases. The Parties’
`proposed schedule in Paragraph 9 below includes dates for claim construction briefing as
`required under Local Patent Rule 12.
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`-2-
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 2
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`c. _____ Referral to the District’s Mediation Program after the close of fact
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`discovery
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`d. _____ Referral to a Magistrate Judge after the close of fact discovery
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`e. X Other
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`This case is to be tried to a jury.
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`Other issues to be addressed at the Initial Pretrial Conference, including those set
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`6.
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`7.
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`forth in Fed. R. Civ. P. 26(f)(3), are set forth below.
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`a. The Parties do not propose any changes to the disclosures required under
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`Fed. R. Civ. P. 26(a).
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`b. The Parties anticipate submitting a joint proposed protective order to the
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`Court, which would govern the production and disclosure of highly
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`sensitive and confidential information.
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`c. Plaintiff’s Disclosure of Asserted Claims and Infringement Contentions
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`required under Local Patent Rule 6 shall be served no later than June 14,
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`2021, and shall contain the following information:
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`i. Each claim of each asserted patent that is allegedly infringed by
`Defendant, including for each claim the applicable statutory
`subsections of 35 U.S.C. §271 asserted;
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`ii. Separately for each asserted claim, each accused apparatus, product,
`device, process, method, act, or other instrumentality (“Accused
`Instrumentality”) of Defendant of which Plaintiff is aware. This
`identification shall be as specific as possible. Each product, device,
`and apparatus shall be identified by name or model number, if
`known. Each method or process shall be identified by name, if
`known, or by any product, device, or apparatus which, when used,
`allegedly results in the practice of the claimed method or process;
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`iii. A chart identifying specifically where and how each limitation of
`each asserted claim is found within each Accused Instrumentality,
`including for each limitation that Plaintiff contends is governed by
`35 U.S.C. § 112(f), the identity of the structure(s), act(s), or
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`-3-
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 3
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`material(s) in the Accused Instrumentality that performs the claimed
`function;
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`iv. For each claim alleged to have been indirectly infringed, an
`identification of any direct infringement and a description of the acts
`of the alleged indirect infringer that contribute to or are inducing
`that direct infringement. Insofar as alleged direct infringement is
`based on joint acts of multiple parties, the role of each such party in
`the direct infringement must be described;
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`v. Whether each limitation of each asserted claim is alleged to be
`present literally or under the doctrine of equivalents in the Accused
`Instrumentality;
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`vi. For any patent that claims priority to an earlier application, the
`priority date to which each asserted claim is alleged to be entitled;
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`vii. If Plaintiff wishes to preserve the right to rely, for any purpose, on
`the assertion that its own or its licensee’s apparatus, product, device,
`process, method, act, or other instrumentality practices the claimed
`invention, Plaintiff shall identify, separately for each asserted claim,
`each such apparatus, product, device, process, method, act, or other
`instrumentality that incorporates or reflects that particular claim;
`and
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`viii. If Plaintiff alleges willful infringement, the basis for such allegation.
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`d. Defendant’s Invalidity Contentions required under Local Patent Rule 7 shall
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`be served no later than July 29, 2021, and shall contain the following
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`information:
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`i. The identity of each item of prior art that Defendant alleges
`anticipates each asserted claim or renders the claim obvious. Each
`prior art patent shall be identified by its number, country of origin,
`and date of issue. Each prior art publication shall be identified by its
`title, date of publication, and, where feasible, author and publisher.
`Each alleged sale or public use shall be identified by specifying the
`item offered for sale or publicly used or known, the date the offer or
`use took place or the information became known, and the identity of
`the person or entity which made the use or which made and received
`the offer, or the person or entity which made the information known
`or to whom it was made known. For pre-AIA claims, prior art under
`35 U.S.C. § 102(f) shall be identified by providing the name of the
`person(s) from whom and the circumstances under which the
`invention or any part of it was derived. For pre-AIA claims, prior art
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`-4-
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 4
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`under 35 U.S.C. § 102(g) shall be identified by providing the
`identities of the person(s) or entities involved in and the
`circumstances surrounding the making of the invention before the
`patent applicant(s);
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`ii. Whether each item of prior art anticipates each asserted claim or
`renders it obvious. If obviousness is alleged, an explanation of why
`the prior art renders the asserted claim obvious, including an
`identification of any combinations of prior art showing obviousness;
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`iii. A chart identifying specifically where and how in each alleged item
`of prior art each limitation of each asserted claim is found, including
`for each limitation that Defendant contends is governed by 35 U.S.C.
`§ 112(f), the identity of the structure(s), act(s), or material(s) in each
`item of prior art that performs the claimed function; and
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`iv. Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness
`under 35 U.S.C. § 112(b), or lack of enablement or insufficient
`written description under 35 U.S.C. § 112(a) of any of the asserted
`claims.
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`e. Amendment of the Infringement Contentions or the Invalidity Contentions
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`may be made only by order of the Court upon a timely showing of good
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`cause. Non-exhausting examples of circumstances that may, absent undue
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`prejudice to the non-moving party, support a finding of good cause include:
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`i. A claim construction by the Court different from that proposed by
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`the party seeking amendment;
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`ii. Recent discovery of material, prior art despite earlier diligent search;
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`and
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`iii. Recent discovery of nonpublic information about the Accused
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`Instrumentality which was not discovered, despite diligent efforts,
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`before the service of the Infringement Contentions.
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`8.
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`This Order may not be modified or the dates herein extended except by further
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`Order of the Court for good cause shown. Unless the Court orders otherwise, parties engaged in
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`-5-
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 5
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`settlement negotiations must pursue settlement and conduct discovery simultaneously. Parties
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`should not assume that they will receive an extension of an existing deadline if settlement
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`negotiations fail. Any application to modify or extend the dates herein shall be made by written
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`application no later than two business dates before the date sought to be extended in accordance
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`with the Court’s Individual Practices.
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`9.
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`Pursuant to the Federal Rules of Civil Procedure and the Local Patent Rules, the
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`parties propose the following schedule:
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`Event
`Initial Disclosures
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`Meet and Confer to Agree
`Upon a Joint Plan for
`Meeting the Discovery
`Deadlines
`Motion to Amend or Join
`Parties
`Parties submit joint proposed
`protective order
`Disclosure of Asserted
`Claims and Infringement
`Contentions
`Invalidity Contentions
`Exchange Proposed Claim
`Terms for Construction
`Exchange Preliminary Claim
`Constructions and Extrinsic
`Evidence
`Joint Disputed Claim Terms
`Chart
`Plaintiff’s Opening Claim
`Construction Brief
`Defendant’s Responsive
`Claim Construction Brief
`Plaintiff’s Reply Claim
`Construction Brief
`Claim Construction Hearing
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`Proposed Date
`14 days after Case Management
`Scheduling Order
`14 days after Case Management
`Scheduling Order
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`Relevant Rule
`Rule 26(a)
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`
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`Rule 15(a)
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`
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`Local Patent Rule 6
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`Local Patent Rule 7
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`
`
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`Local Patent Rule 11
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`Local Patent Rule
`12(a)
`Local Patent Rule
`12(b)
`Local Patent Rule
`12(c)
`Local Patent Rule 2
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`30 days after Case Management
`Scheduling Order
`30 days after Case Management
`Scheduling Order
`June 14, 2021
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`July 29, 2021
`August 12, 2021
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`September 2, 2021
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`September 24, 2021
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`October 25, 2021
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`November 30, 2021
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`December 9, 2021
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`At the Court’s convenience,
`preferably in December 2021 or
`January 2022
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`-6-
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 6
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`Opinion of Counsel
`Production
`Deadline to amend
`Infringement Contentions or
`Invalidity Contentions
`Close of Fact Discovery
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`Opening Expert Reports
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`Responsive Expert Reports
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`Close of Expert Discovery
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`
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`30 days after the Court’s Claim
`Construction Order
`30 days after the Court’s Claim
`Construction Order
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`Local Patent Rule 10
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`Local Patent Rule
`2(iii)
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`March 11, 2022, or 60 days after the
`Court’s Claim Construction Order,
`whichever is later
`April 11, 2022, or 90 days after the
`Court’s Claim Construction Order,
`whichever is later
`May 11, 2022, or 120 days after the
`Court’s Claim Construction Order,
`whichever is later
`June 10, 2022, or 150 days after the
`Court’s Claim Construction Order,
`whichever is later
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`10.
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`The next pretrial conference will be scheduled at a later date after the Court’s Claim
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`Construction Order.
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`By Thursday of the week prior to that conference, the parties shall submit a joint letter
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`regarding the status of the case. The letter should include the following information in
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`separate paragraphs:
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`a. a statement of all existing deadlines, due dates, and/or cut-off dates;
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`b. a brief description of any outstanding motions;
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`c. a brief description of the status of discovery and of any additional discovery that needs
`to be completed;
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`d. a statement describing the status of any settlement discussions and whether the parties
`would like a settlement conference;
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`e. a statement of the anticipated length of trial and whether the case is to be tried to a jury;
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`f. a statement of whether any party anticipates filing a motion for summary judgment or a
`motion to exclude expert testimony;
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`g. any other issue that the parties would like to address at the pretrial conference; and
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`-7-
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 7
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`h. any other information that the parties believe may assist the Court in advancing the case
`to settlement or trial.
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`Dated: April 22, 2021
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`BRACEWELL LLP
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`/s/ Conor Civins
`Conor Civins (pro hac vice)
`111 Congress Avenue, Suite 2300
`Austin, TX 78701
`Telephone: (512) 472-7800
`Fax: (800) 404-3970
`conor.civins@bracewell.com
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`Jared Schuettenhelm (pro hac vice)
`701 Fifth Avenue, Suite 6200
`Seattle, WA 98104
`Telephone: (206) 204-6200
`Fax: (800) 404-3970
`jared.schuettenhelm@bracewell.com
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`Grace Condro
`1251 Avenue of the Americas, 49th Floor
`New York, NY 10020
`Telephone: 212-508-6100
`Fax: 800-404-3970
`grace.condro@bracewell.com
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` Respectfully submitted,
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`DORSEY & WHITNEY LLP
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`/s/ Geoffrey M. Godfrey
`Bruce R. Ewing
`51 West 52nd Street
`New York, New York 10019
`Telephone: (212) 415-9206
`Fax: (212) 953-7201
`ewing.bruce@dorsey.com
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`Geoffrey M. Godfrey (pro hac vice)
`701 Fifth Avenue, Suite 6100
`Seattle, WA 98104
`Telephone: (206) 903-8800
`Fax: (206) 299-3849
`godfrey.geoff@dorsey.com
`
`Shannon L. Bjorklund (pro hac vice)
`50 South Sixth Street, Suite 1500
`Minneapolis, MN 55402
`Telephone: (612) 492-6636
`Fax: (612) 677-3086
`bjorklund.shannon@dorsey.com
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`Attorneys for Plaintiff
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` Attorneys for Defendant
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`SO ORDERED.
`4/22/2021
`Date: ________________________
`New York, New York
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`__________________________________
`VALERIE CAPRONI
`United States District Judge
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`-8-
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`Petitioner Chanel, Inc. Exhibit 1029
`Page 8
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