Case 2:23-cv-00089-gwc Document 32 Filed 04/15/24 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF VERMONT
`
`J>.s. 61'.s+rt1cr couR r
`OISTRICT OF YERHONT
`FILED
`7112q APR 15 PH 3: 02
`CLERK
`BV_......;~~,.,-,,,~.,.,,...-(cid:173)
`EUTY CLERK
`
`VERMONT SAFETY DEVELOPMENTS
`LLC,
`
`Plaintiff
`
`V.
`
`HEAD SPORT GmbH,
`
`Defendant.
`
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`)
`)
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`Case No. 2:23-cv-00089-GWC
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`REVISED STIPULATED DISCOVERY SCHEDULE/ORDER
`
`Plaintiff Vermont Safety Developments LLC and Defendant Head Sport GmbH submit
`
`the following Revised Discovery Schedule pursuant to Local Rule 26(a)(2). Due to the nature
`
`and complexity of this case as a patent infringement action and the likely need for a claim
`
`construction process that impacts expert discovery, the parties respectfully request a slightly
`
`longer discovery schedule than the default requirement under the Local Rules.
`
`INTRODUCTION
`
`1.
`
`In this case, discovery may be needed on the following subjects: facts and
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`opinions bearing upon alleged infringement and non-infringement of the patent in suit, such as
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`research, development, manufacturing, marketing, offering for sale, and sale of the accused
`
`bindings; facts and opinions bearing upon the validity and enforceability of the patent in suit;
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`facts and opinions bearing upon alleged willfulness of infringement; facts and opinions bearing
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`upon damages from alleged infringement; and facts and opinions bearing upon any other claims
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`or defenses raised by either party. Unless noted here to the contrary and in more detail,
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`discovery in this matter shall not be conducted in phases or limited to particular, enumerated
`
`issues.
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`I
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`Page 1 of 7
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`HEAD EXHIBIT 1012
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF VERMONT
`
`J>.s. 61'.s+rt1cr couR r
`OISTRICT OF YERHONT
`FILED
`7112q APR 15 PH 3: 02
`CLERK
`BV_......;~~,.,-,,,~.,.,,...-(cid:173)
`EUTY CLERK
`
`VERMONT SAFETY DEVELOPMENTS
`LLC,
`
`Plaintiff
`
`V.
`
`HEAD SPORT GmbH,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 2:23-cv-00089-GWC
`
`REVISED STIPULATED DISCOVERY SCHEDULE/ORDER
`
`Plaintiff Vermont Safety Developments LLC and Defendant Head Sport GmbH submit
`
`the following Revised Discovery Schedule pursuant to Local Rule 26(a)(2). Due to the nature
`
`and complexity of this case as a patent infringement action and the likely need for a claim
`
`construction process that impacts expert discovery, the parties respectfully request a slightly
`
`longer discovery schedule than the default requirement under the Local Rules.
`
`INTRODUCTION
`
`1.
`
`In this case, discovery may be needed on the following subjects: facts and
`
`opinions bearing upon alleged infringement and non-infringement of the patent in suit, such as
`
`research, development, manufacturing, marketing, offering for sale, and sale of the accused
`
`bindings; facts and opinions bearing upon the validity and enforceability of the patent in suit;
`
`facts and opinions bearing upon alleged willfulness of infringement; facts and opinions bearing
`
`upon damages from alleged infringement; and facts and opinions bearing upon any other claims
`
`or defenses raised by either party. Unless noted here to the contrary and in more detail,
`
`discovery in this matter shall not be conducted in phases or limited to particular, enumerated
`
`issues.
`
`I
`
`Page 1 of 7
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`HEAD EXHIBIT 1012
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`
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`Case 2:23-cv-00089-gwc Document 32 Filed 04/15/24 Page 2 of 7
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`2.
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`The parties have conferred about disclosure, discovery, and preservation of
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`electronically stored information ("ESI"). Unless noted otherwise, ESI shall be produced in the
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`following format(s): searchable PDFs and, where searchable PDF format is not reasonably
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`feasible, native format.
`
`3.
`
`The parties have conferred about claims of privilege and claims of protection as
`
`trial-preparation materials. For purposes of asserting these claims (including after production),
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`the parties have agreed to follow the procedures set forth in Fed. R. Civ. P. 26(b)(5)(A)-(B) and
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`in a stipulated protective/confidentiality order to be agreed upon and submitted by the parties.
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`Unless specifically requested in a filing with this Court, the parties agreed procedures will not be
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`the subject of a Court order under Federal Rule of Evidence 502.
`
`4.
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`Any changes in the limitations on discovery imposed under the Federal Rules of
`
`Civil Procedure or the Local Rules for this District shall be specifically described below.
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`DEADLINES
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`Initial Disclosures
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`5.
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`The parties shall serve initial disclosures pursuant to Fed. R. Civ. P. 26(a)(l) on or
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`before December 15, 2023.
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`Initial Contentions
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`6.
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`Plaintiff shall serve initial infringement contentions no later than December 22,
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`2023. Plaintiffs initial infringement contentions shall contain the following information:
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`a. Each claim of each patent in suit that is allegedly infringed by Defendant;
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`b. Separately for each asserted claim, each accused apparatus, product, device,
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`process, method, act, or other instrumentality (Accused Instrumentality) of
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`Defendant's of which Plaintiff is aware. This identification shall be as specific
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`2
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`Page 2 of 7
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`Case 2:23-cv-00089-gwc Document 32 Filed 04/15/24 Page 3 of 7
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`as possible. Each product, device, and apparatus must be identified by name
`
`or model number, if known. Each method or process must be identified by
`
`name, if known, or by any product, device, or apparatus which, when used,
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`allegedly results in the practice of the claimed method or process;
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`c. A chart identifying specifically where each element of each asserted claim is
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`found within each Accused Instrumentality; and
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`d. Whether each element of each asserted claim is claimed to be literally present
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`or present under the doctrine of equivalents in the Accused Instrumentality.
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`7.
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`Defendant shall serve initial non-infringement and invalidity contentions no later
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`than February 2, 2024. Defendant's initial invalidity contentions shall contain the following
`
`information:
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`a. The identity of each item of prior art that allegedly anticipates each asserted
`
`claim or renders it obvious. Each prior art patent shall be identified by its
`
`number, country of origin, and date of issue. Each prior art publication must
`
`be identified by its title, date of publication, and where feasible, author and
`
`publisher. Other prior art shall be identified by specifying the item offered for
`
`sale or publicly used or otherwise available;
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`b. Whether each item of prior art anticipates each asserted claim or renders it
`
`obvious. If a combination of items of prior art makes a claim obvious, each
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`such combination, and the motivation to combine such items, must be
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`identified;
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`c. A chart identifying where specifically in each alleged item of prior art each
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`element of each asserted claim is found; and
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`3
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`Page 3 of 7
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`Case 2:23-cv-00089-gwc Document 32 Filed 04/15/24 Page 4 of 7
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`d. Any grounds of invalidity based on 35 U.S.C. § 112 of any of the asserted
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`claims.
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`Claim Construction
`
`8.
`
`The parties shall exchange disclosures of any claim terms, up to a maximum of
`
`fifteen, that they contend require construction by the Court on or before April 2, 2024.
`
`9.
`
`The parties shall exchange their proposed constructions for the disputed claim
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`terms with supporting intrinsic and extrinsic evidence and identification of expert being relied
`
`upon for claim construction opinions, on or before April 23, 2024.
`
`10.
`
`The parties shall meet and confer by phone or in person regarding the proposed
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`terms to be construed and their proposed constructions for the purpose of identifying and
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`narrowing the number of terms that the parties contend require construction, and shall prepare
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`and file a joint claim construction statement on or before May 7, 2024.
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`11.
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`To the extent necessary, the parties shall exchange expert opinions for their
`
`proposed constructions on or before May 21, 2024.
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`12.
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`13.
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`The parties shall complete any claim construction discovery by June 19, 2024.
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`The parties shall contemporaneously file their opening claim construction briefs
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`on or before July 19, 2024.
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`14.
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`The parties shall contemporaneously file their responsive claim construction
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`briefs on or before August 16, 2024.
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`15.
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`The Court shall hold a claim construction hearing at an available time on or near
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`September 3, 2024.
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`4
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`Page 4 of 7
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`Case 2:23-cv-00089-gwc Document 32 Filed 04/15/24 Page 5 of 7
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`Early Neutral Evaluation
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`16.
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`The Early Neutral Evaluation session shall be conducted on February 26, 2024 at
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`10:00 a.m. The parties have agreed that Andrew Manitsky will serve as the early neutral
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`evaluator.
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`Discovery
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`17. Motions for joinder of parties and amendments to the pleadings shall be filed on
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`or before March 18, 2024.
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`18.
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`The parties shall serve all interrogatories and requests for production within 3
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`weeks after the Court issues its opinion concerning disputed claim language.
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`19.
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`The parties shall serve all requests for admission within 3 weeks after the Court
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`issues its opinion concerning disputed claim language.
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`20.
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`The parties shall substantially complete document production within 3 weeks after
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`the Court issues its opinion concerning disputed claim language.
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`21.
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`Depositions of all non-expert witnesses shall be completed within 9 weeks after
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`the Court issues its opinion concerning disputed claim language.
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`Final Contentions
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`22.
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`Plaintiffs final infringement contentions shall be served within 5 weeks after the
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`Court issues its opinion construing disputed claim language. Defendant's final non(cid:173)
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`infringement and invalidity contentions shall be served within 7 weeks after the Court issues its
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`opinion construing disputed claim language.
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`5
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`Page 5 of 7
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`Case 2:23-cv-00089-gwc Document 32 Filed 04/15/24 Page 6 of 7
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`Expert Discovery
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`23.
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`The parties shall submit expert witness reports on issues for which they bear the
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`burden of proof within 14 weeks after the Court issues its opinion construing disputed claim
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`language.
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`24.
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`The parties shall submit rebuttal expert witness reports within 18 weeks after the
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`Court issues its opinion construing disputed claim language.
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`25.
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`Depositions of all expert witnesses shall be completed within 22 weeks after the
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`Court issues its opinion construing disputed claim language. Because of the anticipated
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`complexities of this patent infringement lawsuit, expert discovery shall be completed within 22
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`weeks after the Court issues its opinion construing disputed claim language.
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`Dispositive Motions
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`26. Motions, including summary judgment motions but excluding motions relating to
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`the conduct of the trial, shall be filed within 26 weeks after the Court issues its opinion
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`construing disputed claim language.
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`Trial
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`27.
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`Subject to the timing of the Court's orders regarding claim construction and
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`summary judgment, if any, this case shall be ready for trial by August 2025.
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`6
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`Page 6 of 7
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`Case 2:23-cv-00089-gwc Document 32 Filed 04/15/24 Page 7 of 7
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`March 25, 2024
`
`VERMONT SAFETY DEVELOPMENTS LLC
`
`By:
`Isl Matthew S. Barick
`Matthew S. Barick
`Thomas D. Kohler
`DOWNS RACHLIN MARTIN PLLC
`199 Main Street, P.O. Box 190
`Burlington, VT 05402-0190
`(P)
`(802) 863-2375
`(F) (802)862-7512
`mborick@drm.com
`tkohler@drm.com
`
`Attorneys For Plaintiff
`
`March 25, 2004
`
`HEAD SPORT GmbH
`
`Isl David M Pocius
`By:
`David M. Pocius
`PAUL FRANK+ COLLINS P.C.
`P. 0. Box 1307
`Burlington, VT 05402-1307
`(802) 658-2311
`dpocius@pfclaw.com
`
`By:
`Isl Aaron L. Parker
`Aaron L. Parker
`Anthony J. Berlenbach
`FINNEGAN, HENDERSON, FARABOW
`GARRETT & DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: (202) 408-4000
`aaron. parker@finnegan.com
`anthony.berlenbach@finnegan.com
`
`Attorneys For Defendant
`
`SO ORDERED this 15th day of April, 2024.
`
`CHIEF JUDGE, U.S. DISTRICT COURT
`7
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`Page 7 of 7
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