Case 1:22-cv-00751-GBW Document 75 Filed 12/14/22 Page 1 of 18 PageID #: 2272
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`TORCHLIGHT TECHNOLOGIES LLC,
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`Plaintiff,
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`V.
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`DAIMLER AG, MERCEDES-BENZ USA,
`LLC, VOLKSWAGEN AG, VOLKSWAGEN
`GROUP OF AMERICA, INC., AUDI AG,
`AUDI OF AMERICA, LLC, PORSCHE AG,
`AND PORSCHE CARS NORTH AMERICA,
`INC.,
`
`Defendants.
`
`Civil Action No. 22-751 (GBW)
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`JURY TRIAL DEMANDED
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`SCHEDULING ORDER
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`This~
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`day of December, 2022, the Court having conducted an initial Rule
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`16(b) scheduling conference pursuant to Local Rule 16.l(b ), and the parties having determined
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`after discussion that the matter cannot be resolved at this juncture by settlement, voluntary
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`mediation, or binding arbitration;
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`IT IS HEREBY ORDERED that:
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`1.
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`Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. Unless
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`otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
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`Federal Rule of Civil Procedure 26(a)(l) within thirty (30) days of the date the Court
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`enters this Order. If they have not already done so, the parties are to review the Court's
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`Default Standard for Discovery, Including Discovery of Electronically Stored Information
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`("ESI"), which is posted at http://www.ded.uscourts.gov (see Other Resources, Default
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`Standard for Discovery) and is incorporated herein by reference.
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`VWGoA EX1051
`U.S. Patent No. 9,955,551
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`Case 1:22-cv-00751-GBW Document 75 Filed 12/14/22 Page 2 of 18 PageID #: 2273
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`2.
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`Joinder of Other Parties and Amendment of Pleadings. All motions to join
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`other parties, and to amend or supplement the pleadings, shall be filed on or before July 10,
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`2023. Unless otherwise ordered by the Court, any motion to join a party or motion to amend
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`the pleadings shall be made pursuant to the procedures set forth in Paragraphs 4(g) and 5.
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`3.
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`Disclosures. Absent agreement among the parties, and approval of the Court:
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`(a)
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`By December 12, 2022, Plaintiff shall identify the accused
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`product(s), including accused methods and systems, and its damages model, as well as the
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`asserted patent(s) that the accused product(s) allegedly infringe(s). Plaintiff shall also
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`produce the file history for each asserted patent.
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`(b)
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`By January 10, 2023, Defendant shall produce core technical
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`documents related to the accused product(s), sufficient to show how the accused
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`product(s) work(s), including but not limited to non-publicly available operation manuals,
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`product literature, schematics, and specifications. Defendant shall also produce sales
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`figures for the accused product(s).
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`( c)
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`By February 10, 2023, Plaintiff shall produce an initial claim chart
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`relating each known accused product to the asserted claims each such product allegedly
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`infringes.
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`( d)
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`By March 10, 2023, Defendant shall produce its initial invalidity
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`contentions for each asserted claim, as well as the known related invalidating
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`references.
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`(e)
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`By 30 days after Court issues Claim Construction Order
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`Plaintiff shall provide final infringement contentions.
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`(f)
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`By 60 days after Court issues Claim Construction Order Defendant
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`shall provide final invalidity contentions.
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`4.
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`Discovery. Unless otherwise ordered by the Court or agreed to by parties,
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`the limitations on discovery set forth in the Federal Rules of Civil Procedure shall be
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`strictly observed.
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`(a)
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`Fact Discovery Cut Off. All fact discovery in this case shall be
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`initiated so that it will be completed on or before 60 days after Court issues Claim
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`Construction Order.
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`(b)
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`Document Production. Document production shall be
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`substantially complete by October 31, 2023.
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`( c) Requests for Admission.
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`A maximum of 25 common requests for admission are permitted for each side. The
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`Mercedes Defendants, Volkswagen Defendants and Porsche Defendants may each
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`individually serve up to 15 additional requests for admission on Plaintiff. 1 Plaintiff
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`may serve up to 15 additional requests for admission on each of the Mercedes
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`Defendants, Volkswagen Defendants and Porsche Defendants. These limits do not
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`apply to requests for admission that seek an admission as to the authenticity and/or
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`admissibility of a particular document or thing. Such requests for admission as to
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`authenticity and/or admissibility will be unlimited, clearly denoted as such, and served
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`separately from other requests for admission.
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`( d)
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`Interrogatories.
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`1 "Mercedes Defendants" means Daimler AG and Mercedes-Benz USA, LLC, collectively.
`"Volkswagen Defendants" means Volkswagen AG, Audi AG, and Audi of America, LLC,
`collectively. "Porsche Defendants" means Porsche AG, and Porsche Cars North America, Inc.,
`collectively. Among these Defendants, the non-U.S. defendants located in Germany, i.e., Audi
`AG, Volkswagen AG, Daimler AG, and Porsche AG, have not been served.
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`1.
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`A maximum of 15 common interrogatories, including
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`contention interrogatories, are permitted for each side. The Mercedes Defendants,
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`Volkswagen Defendants and Porsche Defendants may each individually serve up to 10
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`additional interrogatories on Plaintiff. Plaintiff may serve up to 10 additional interrogatories
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`on each of the Mercedes Defendants, Volkswagen Defendants and Porsche Defendants.
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`11.
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`The Court encourages the parties to serve and respond to
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`contention interrogatories early in the case. In the absence of agreement among the parties,
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`contention interrogatories, if filed, shall first be addressed by the party with the burden of
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`proof. The adequacy of all interrogatory answers shall be judged by the level of detail each
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`party provides ( i.e., the more detail a party provides, the more detail a party shall receive).
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`( e)
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`Depositions.
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`1.
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`Limitation on Hours for Deposition Discovery.
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`Plaintiff may take no more than 40 hours of total 30(b)(l) or 30(b)(6) depositions of
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`each of the Mercedes Defendants, Volkswagen Defendants and Porsche Defendants. Each
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`deposition will last no more than 7 hours. Defendants may collectively take no more than a
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`total of70 hours of 30(b)(6) and 30(b)(l) depositions of Plaintiff. Each side may take no
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`more than 80 hours of third-party depositions. The foregoing limitations do not apply to
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`deposition of experts. For each case-contributing expert, Plaintiff is limited to no more than
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`9 hours of deposition time. For each case-contributing expert, Defendants are limited to no
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`more than 15 hours of total deposition time, with an additional 2 hours per side. Each
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`deposition day is capped at no more than 7 hours.
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`11.
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`Location of Depositions. Any party or representative
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`( officer, director, or managing agent) of a party filing a civil action in this district court
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`must ordinarily be required, upon request, to submit to a deposition at a place designated
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`within this district. Exceptions to this general rule may be made by order of the Court. A
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`defendant who becomes a counterclaimant, cross-claimant, or third-party plaintiff shall be
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`considered as having filed an action in this Court for the purpose of this provision.
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`(f)
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`Disclosure of Expert Testimony.
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`1.
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`Expert Reports. For the party who has the initial burden of
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`proof on the subject matter, the initial Federal Rule of Civil Procedure 26(a)(2) disclosure
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`of expert testimony is due on or before February 15, 2024. The supplemental disclosure
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`to contradict or rebut evidence on the same matter identified by another party is due on or
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`before April 1, 2024. Reply expert reports from the party with the initial burden of proof
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`are due on or before April 22, 2024. No other expert reports will be permitted without
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`either the consent of all parties or leave of the Court. Along with the submissions of the
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`expert reports, the parties shall advise of the dates and times of their experts' availability
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`for deposition.
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`ii.
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`Objections to Expert Testimony. To the extent any
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`objection to expert testimony is made pursuant to the principles announced in Daubert v.
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`Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993), as incorporated in Federal Rule
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`of Evidence 702, it shall be made by motion no later than the deadline for dispositive
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`motions set forth herein, unless otherwise ordered by the Court. Briefing on such motions
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`is subject to the page limits set out in connection with briefing of case dispositive
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`motions.
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`111.
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`Expert Discovery Cut-Off. All expert discovery in this case
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`shall be initiated so that it will be completed on or before April 30, 2024.
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`(g)
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`Discovery Matters and Disputes Relating to Protective Orders.
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`1.
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`Any discovery motion filed without first complying with the
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`following procedures will be denied without prejudice to renew pursuant to these procedures.
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`11.
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`Should counsel find, after good faith efforts - including verbal
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`communications among Delaware and Lead Counsel for all parties to the dispute -that they
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`are unable to resolve a discovery matter or a dispute relating to a protective order, the parties
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`involved in the discovery matter or protective order dispute shall submit a joint letter in
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`substantially the following form:
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`Dear Judge Williams:
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`The parties in the above-referenced matter
`write to request the scheduling of a discovery
`teleconference.
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`The following attorneys, including at least one
`Delaware Counsel and at least one Lead Counsel per
`party, participated in a verbal meet- and-confer (in
`person and/or by telephone) on the following date(s):
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`Delaware Counsel:
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`Lead Counsel:
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`The disputes requiring judicial attention are listed
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`below:
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`[provide here a non-argumentative list of disputes
`requiring judicial attention]
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`111.
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`On a date to be set by separate order, generally not less than
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`forty-eight ( 48) hours prior to the conference, the party seeking relief shall file with the Court
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`a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those
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`issues. On a date to be set by separate order, but generally not less than twenty-four (24)
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`hours prior to the conference, any party opposing the application for relief may file a letter,
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`not to exceed three (3) pages, outlining that party's reasons for its opposition.
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`1v.
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`Each party shall submit two (2) courtesy copies of its
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`discovery letter and any attachments.
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`v.
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`Should the Court find further briefing necessary upon
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`conclusion of the telephone conference, the Court will order it. Alternatively, the Court may
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`choose to resolve the dispute prior to the telephone conference and will, in that event, cancel
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`the conference.
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`5.
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`Motions to Amend.
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`(a)
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`Any motion to amend (including a motion for leave to amend) a
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`pleading shall NOT be accompanied by an opening brief but shall, instead, be accompanied by
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`a letter, not to exceed three (3) pages, describing the basis for the requested relief, and shall
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`attach the proposed amended pleading as well as a "blackline" comparison to the prior
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`pleading.
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`(b)
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`Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
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`pages.
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`(c)
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`Within three (3) days thereafter, the moving party may file a reply
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`letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter
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`requesting a teleconference to address the motion to amend.
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`6.
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`Motions to Strike.
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`(a)
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`Any motion to strike any pleading or other document shall NOT be
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`accompanied by an opening brief but shall, instead, be accompanied by a letter, not to
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`exceed three (3) pages, describing the basis for the requested relief, and shall attach the
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`document to be stricken.
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`(b) Within seven (7) days after the filing of a motion in compliance with this
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`Order, any party opposing such a motion shall file a responsive letter, not to exceed five (5)
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`pages.
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`( c) Within three (3) days thereafter, the moving party may file a reply
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`letter, not to exceed two (2) pages, and, by this same date, the parties shall file a letter
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`requesting a teleconference to address the motion to strike.
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`7.
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`Technology Tutorials. Unless otherwise ordered by the Court, the parties
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`jointly shall provide the Court, no later than the date on which the Joint Claim Construction
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`Chart is due, a tutorial on the technology at issue. In that regard, the parties shall jointly
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`submit to the Court an electronic tutorial of not more than thirty (30) minutes. The tutorial
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`should focus on the technology in issue and educate the Court about the same and should not
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`be used for argument. As to the format selected, the parties should confirm the Court's
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`technical abilities to access the information contained in the tutorial ("mpeg", "quicktime",
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`etc.). The parties may choose to file their tutorial under seal, subject to any protective order
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`in effect.
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`8.
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`Claim Construction Issue Identification. On or before March 24, 2023, the
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`parties shall exchange a list of those claim term(s)/phrase(s) that they believe need
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`construction and their proposed claim construction of those term(s)/phrase(s). On or before
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`April 7, 2023, the parties shall respond to and provide their proposed construction for any
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`term(s)/phrase(s) presented by the other side for which the party did not initially provide a
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`Case 1:22-cv-00751-GBW Document 75 Filed 12/14/22 Page 9 of 18 PageID #: 2280
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`construction. These documents will not be filed with the Court. Subsequent to exchanging
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`that list, the parties will meet and confer to prepare a Joint Claim Construction Chart to be
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`filed no later than April 24, 2023. The Joint Claim Construction Chart, in Word format,
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`shall be e-mailed simultaneously with filing to gbw_civil@ded.uscourts.gov.The parties'
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`Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of the
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`claim(s) in issue, and should include each party's proposed construction of the disputed
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`claim language with citation(s) only to the intrinsic evidence in support of their respective
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`proposed constructions. A copy of the patent(s) in issue as well as those portions of the
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`intrinsic record relied upon shall be submitted with this Joint Claim Construction Chart. In
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`this joint submission, the parties shall not provide argument.
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`9.
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`Claim Construction Briefing. Plaintiff shall serve, but not file, its opening
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`brief, not to exceed 5,000 words, on April 24, 2023,. Defendant shall serve, but not file, its
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`answering brief not to exceed 7,500 words, on May 8, 2023. Plaintiff shall serve, but not file,
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`its reply brief, not to exceed 5,000 words, on May 22, 2023. Defendant shall serve, but not
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`file its sur-reply brief, not to exceed 2,500 words, on June 6, 2023. No later than June 23,
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`2023, the parties shall file a Joint Claim Construction Brief. The parties shall copy and paste
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`their untiled briefs into one brief, with their positions on each claim term in sequential order,
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`in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
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`I.
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`Agreed-Upon Constructions
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`II.
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`Disputed Constructions
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`[TERM l]
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`1.
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`Plaintiffs Opening Position
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`2.
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`3.
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`4.
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`Defendant's Answering Position
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`Plaintiffs Reply Position
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`Defendant's Sur-Reply Position
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`[TERM2]
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`1.
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`2.
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`3.
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`Plaintiffs Opening Position
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`Defendant's Answering Position
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`Plaintiffs Reply Position
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`Defendant's Sur-Reply Position
`4.
`If there are any materials that would be submitted in an index, the parties shall submit them
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`in a Joint Appendix.
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`10. Hearing on Claim Construction. Beginning at 10:00 am. on September 7,
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`2023, the Court will hear argument on claim construction. The parties shall notify the Court,
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`by joint letter submission, no later than the date on which their answering claim construction
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`briefs are due: (i) whether they request leave to present testimony at the hearing; and (ii) the
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`amount of time they are requesting be allocated to them for the hearing.
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`Provided that the parties comply with all portions of this Scheduling Order, and any
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`other orders of the Court, the parties should anticipate that the Court will issue its claim
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`construction order within sixty (60) days of the conclusion of the claim construction hearing.
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`If the Court is unable to meet this goal, it will advise the parties no later than sixty (60) days
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`after the conclusion of the claim construction hearing.
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`11.
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`Interim Status Report. On September 19, 2023, counsel shall submit a joint
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`letter to the Court with an interim report of the matters in issue and the progress of discovery
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`to date. Thereafter, if the Court deems it necessary, it will schedule a status conference.
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`12.
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`Supplementation. Absent agreement among the parties, and approval of the
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`Court,
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`(a)
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`no later than 30 days after claim construction opinion the
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`patentee must finally supplement the identification of all accused products and
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`serve final infringement contentions; and
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`(b)
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`no later than 30 days after Plaintiff serves final infringement
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`contentions, the accused infringers must finally supplement the identification of
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`all invalidity references and serve final invalidity contentions.
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`13.
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`Case Dispositive Motions.
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`(a)
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`All case dispositive motions, an opening brief, and affidavits, if any, in
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`support of the motion shall be served and filed on or before May 30, 2024. Briefing will be
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`presented pursuant to the Court's Local Rules. No case dispositive motion under Rule 56 may
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`be filed more than ten (10) days before the above date without leave of the Court.
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`(b)
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`Concise Statement of Facts Requirement. Any motion for summary
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`judgment shall be accompanied by a separate concise statement, not to exceed six (6) pages,
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`which details each material fact which the moving party contends is essential for the Court's
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`resolution of the summary judgment motion (not the entire case) and as to which the moving
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`party contends there is no genuine issue to be tried. Each fact shall be set forth in a separate
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`numbered paragraph and shall be supported by specific citation(s) to the record.
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`Any party opposing the motion shall include with its opposing papers a
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`response to the moving party's concise statement, not to exceed six (6) pages, which admits
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`or disputes the facts set forth in the moving party's concise statement on a "paragraph-by
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`paragraph" basis. To the extent a fact is disputed, the basis of the dispute shall be supported
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`by specific citation(s) to the record. Failure to respond to a fact presented in the moving
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`party's concise statement of facts shall indicate that fact is not in dispute for purposes of
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`summary judgment. The party opposing the motion may also include with its opposing
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`papers a separate concise statement, not to exceed four (4) pages, which sets forth material
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`facts as to which the opposing party contends there is a genuine issue to be tried. Each fact
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`asserted by the opposing party shall also be set forth in a separate numbered paragraph and
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`shall be supported by specific citation(s) to the record.
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`The moving party shall include with its reply papers a response to the
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`opposing party's concise statement of facts, not to exceed four (4) pages, on a paragraph-by(cid:173)
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`paragraph basis. Failure to respond to a fact presented in the opposing party's concise
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`statement of facts shall indicate that fact remains in dispute for purposes of summary
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`judgment.
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`(c)
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`Page limits combined with Daubert motion page limits. Each party is
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`permitted to file as many case dispositive motions as desired provided however, that each
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`SIDE will be limited to a combined total of 40 pages for all opening briefs, a combined total
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`of 40 pages for all answering briefs, and a combined total of 20 pages for all reply briefs
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`regardless of the number of case dispositive motions that are filed. In the event that a party
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`files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or
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`any portion of an expert's testimony, the total amount of pages permitted for all case
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`dispositive and Daubert motions shall be increased to 50 pages for all opening briefs, 50
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`pages for all answering briefs, and 25 pages for all reply briefs for each SIDE. The parties
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`must work together to ensure that the Court receives no more than a total of 250 pages (i.e.,
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`50 + 50 + 25 regarding one side's motions, and 50 + 50 + 25 regarding the other side's
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`motions) of briefing on all case dispositive motions and Daubert motions that are covered by
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`this scheduling order and any other scheduling order entered in any related case that is
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`proceeding on a consolidated or coordinated pretrial schedule.
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`( d)
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`Ranking of Summary Judgment Motions. Any party that files
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`more than one summary judgment motion shall number each motion to indicate the order in
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`which the party wishes the Court to review its pending motions. The first motion the party
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`wishes the Court to consider shall be designated # 1, the second motion shall be designated
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`#2, and so on. The Court will review the party's summary judgment motions in the order
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`designated by the party. If the Court decides to deny a motion filed by the party, barring
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`exceptional reasons determined sua sponte by the Court, the Court will not review any lower
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`ranked summary judgment motions filed by the party.
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`14. Applications by Motion. Except as otherwise specified herein, any
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`application to the Court shall be by written motion. Any non-dispositive motion should
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`contain the statement required by Local Rule 7 .1.1 .
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`15.
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`Application to Court for Protective Order. Should counsel find it will be
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`necessary to apply to the Court for a protective order specifying terms and conditions for the
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`disclosure of confidential information, counsel should confer and attempt to reach an
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`agreement on a proposed form of order and submit it to the Court within thirty (30) days
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`from the date the Court enters this Order,. Should counsel be unable to reach an
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`agreement on a proposed form of order, counsel must follow the provisions of Paragraph 4(g)
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`above.
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`Any proposed protective order must include the following paragraph:
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`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
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`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.
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`16.
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`Papers Filed Under Seal. In accordance with section G of the Revised
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`Administrative Procedures Governing Filing and Service by Electronic Means, a redacted
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`version of any sealed document shall be filed electronically within seven (7) days of the
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`filing of the sealed document.
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`17.
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`Courtesy Copies. The parties shall provide to the Court two (2) courtesy
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`copies of filings (i.e. , briefs, appendices, exhibits, declarations, affidavits etc.). Courtesy
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`copies of appendices and exhibits should include hard tabs. This provision also applies to
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`papers filed under seal.
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`18. Motions in Limine. Motions in limine shall not be separately filed. All in
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`limine requests and responses thereto shall be set forth in the proposed pretrial order. Each
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`SIDE shall be limited to three (3) in limine requests, unless otherwise permitted by the Court.
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`The in limine request and any response shall contain the authorities relied upon; each in
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`limine request may be supported by a maximum of three (3) pages of argument, may be
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`opposed by a maximum of three (3) pages of argument, and the side making the in limine
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`request may add a maximum of one ( 1) additional page in reply in support of its request. If
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`more than one party is supporting or opposing an in limine request, such support or opposition
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`shall be combined in a single three (3) page submission (and, if the moving party, a single one
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`(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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`19.
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`Pretrial Conference. On Friday, November 8, 2024, the Court will hold a
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`pretrial conference in Court with counsel beginning at 3 :30 p.m. Unless otherwise ordered
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`by the Court, the parties should assume that filing the pretrial order satisfies the pretrial
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`disclosure requirement of Federal Rule of Civil Procedure 26( a )(3). The parties shall file
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`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 seven (7)
`
`days before the pretrial conference. Unless otherwise ordered by the Court, the parties
`
`shall comply with the timeframes set forth in Local Rule 16.3( d)(l)-(3) for the preparation
`
`of the joint proposed final pretrial order.
`
`The parties shall provide the Court two (2) courtesy copies of the joint proposed
`
`final pretrial order and all attachments. The proposed final pretrial order shall contain a table
`
`of contents and the paragraphs shall be numbered.
`
`20.
`
`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be
`
`tried to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1 the parties should file (i) proposed
`
`voir dire, (ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict
`
`forms seven (7) days before the 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-mail to gbw_civil@ded.uscourts.gov.
`f2lv'C, ~
`Trial. This matter is scheduled for a t.lt ~ day jury trial beginning at 9:30 a.m.
`
`21.
`
`on Monday, November 18, 2024, the subsequent trial days beginning at 9:30 a.m. Until the
`
`case is submitted to the jury for deliberations, the jury will be excused each day at 5:30 p.m.
`
`15
`
`

`

`Case 1:22-cv-00751-GBW Document 75 Filed 12/14/22 Page 16 of 18 PageID #: 2287
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`The trial will be timed, as counsel will be allocated a total number of hours in which to
`
`present their respective cases.
`
`22.
`
`Judgment on Verdict and Post-Trial Status Report. Within seven (7) days
`
`after a jury returns a verdict in any portion of a jury trial, the parties shall jointly submit a
`
`form of order to enter judgment on the verdict. At the same time, the parties shall submit a
`
`joint status report, indicating among other things how the case should proceed and listing any
`
`post-trial motions each party intends to file .
`
`23 .
`
`Post-Trial Motions. Unless otherwise ordered by the Court, all SIDES
`
`are limited to a maximum of 20 pages of opening briefs, 20 pages of answering briefs,
`
`and 10 pages ofreply briefs relating to any post-trial motions filed by that side, no
`
`matter how many such motions are filed.
`
`24.
`
`ADR Process.
`
`The Honorable Gregory B. Williams
`United States District Judge
`
`16
`
`

`

`Case 1:22-cv-00751-GBW Document 75 Filed 12/14/22 Page 17 of 18 PageID #: 2288
`
`Counsel Shall Provide a Chart of All Relevant Deadlines
`
`Event
`
`Rule 26 (a)(l) Initial Disclosures Due
`
`Proposed protective order due
`
`Plaintiff shall identify the accused
`product(s), including accused methods
`and systems, and its damages model, as
`well as the asserted patent(s) that the
`accused product(s) allegedly infringe(s).
`Plaintiff shall also produce the file
`history for each asserted patent
`Defendant shall produce core technical
`documents related to the accused
`product(s), sufficient to show how the
`accused product(s) work(s), including but
`not limited to non-publicly available
`operation manuals, product literature,
`schematics, and specifications. Defendant
`shall also produce sales figures for the
`accused product( s)
`Joinder of Other Parties and Amendment
`of Pleadings
`Plaintiff shall produce an initial claim
`chart relating each known accused
`product to the asserted claims each such
`product allegedly infringes
`Defendant shall produce its initial
`invalidity contentions for each asserted
`claim, as well as the known related
`invalidating references
`Parties shall exchange list of
`term(s)/phrase(s) in need of construction
`and their proposed claim construction of
`those term(s)/phrase(s)
`
`Deadline
`
`Within 30 days of the date
`the Court enters order
`Within 30 days of the date
`the Court enters order
`December 12, 2022
`
`January 10, 2023
`
`July 10, 2023
`
`February 10, 2023
`
`March 10, 2023
`
`March 24, 2023
`
`April 7, 2023
`
`Parties to respond to and provide their
`proposed construction for any
`term(s)/phrase(s) presented by the other
`side for which the party did not initially
`provide a construction
`Joint Claim Construction Chart and Joint April 24, 2023
`Technolo£V Tutorial
`Plaintiffs opening claim construction
`brief (serve only)
`Defendants' answering claim
`construction brief (serve only)
`
`April 24, 2023
`
`May 8, 2023
`
`

`

`Case 1:22-cv-00751-GBW Document 75 Filed 12/14/22 Page 18 of 18 PageID #: 2289
`
`June 6, 2023
`
`Plaintiffs reply claim construction brief May 22, 2023
`( serve only)
`Defendants' sur-reply claim construction
`brief (serve only)
`Parties to file Joint Claim Construction
`Brief
`Hearing on Claim Construction
`Plaintiff shall provide final infringement
`contentions
`Defendant shall provide final invalidity
`contentions
`Interim Status report
`Patentee must finally supplement the
`identification of all accused products and
`serve final infringement contentions
`The accused infringers must finally
`supplement the identification of all
`invalidity references and serve final
`invalidity contentions
`Document production shall be complete
`Discovery cut off
`
`June 23, 2023
`
`September 7 2023 at 10 a.m.
`30 days after Court issues
`Claim Construction Order
`60 days after Court issues
`Claim Construction Order
`September 19 2023
`30 days after claim
`construction opinion
`
`30 days after Patentees serve
`final infringement
`contentions
`
`October 31 , 2023
`60 days after Court issues
`Claim Construction Order
`Initial expert reports
`Februarv 15, 2024
`April 1, 2024
`Rebuttal expert reports
`Reply Expert Reports
`April 22 2024
`April 30 2024
`Expert discovery cut off
`Dispositive Motions (briefing to proceed May 30, 2024
`pursuant to the Court's Local Rules)
`Daubert Motions and Opening Briefs
`Motions in Limine
`Joint Proposed Pretrial order
`
`May 30, 2024
`Filed with pretrial order
`7 days before the pretrial
`conference
`7 days before the pretrial
`conference
`
`Deadline for (i) proposed voir dire, (ii)
`preliminary jury instructions, (iii) final
`jury instructions, and (iv) special verdict
`forms
`Pretrial conference
`
`Trial
`
`November 8, 2024 at 3:30
`p.m.
`November 18, 2024 at 9:30
`a.m.
`Joint Proposed Order to Enter Judgment Within 7 days of the jury
`on the Verdict
`verdict
`Joint Status Report
`Within 7 days of the jury
`verdict
`
`