Case 3:24-cv-02296-JSC Document 73 Filed 05/16/24 Page 1 of 7
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`HAPTIC, INC.,
`Plaintiff,
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`v.
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`APPLE, INC.,
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`Defendant.
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`Case No. 24-cv-02296-JSC
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`PRETRIAL ORDER NO. 1
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`Following the initial Case Management Conference held on May 16, 2024, IT IS
`ORDERED:
`I.
`CASE MANAGEMENT SCHEDULE
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`Deadline
`May 30, 2024
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`May 30, 2024
`June 27, 2024
`July 15, 2024
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`July 29, 2024
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`Task
`Service of Preliminary Infringement Contentions,
`Identification of Priority Dates, and Production of
`Patent Documents and File Histories
`Stipulated Protective Order and ESI Order
`ADR Certification
`Service of Preliminary Invalidity Contentions and
`Production of Prior Art References
`Parties Exchange Lists of Proposed Terms for Claim
`Construction and Why the Construction Matters
`Parties Exchange Proposed Claim Constructions and
`Disclose Extrinsic Evidence
`Deadline to Meet and Confer to Narrow Disputed
`Terms and Exchange Revised List of Terms and
`Constructions
`Joint Claim Construction and Prehearing Statement August 29, 2024
`Damages Contentions
`September 3, 2024
`Close of Claim Construction Discovery
`September 30, 2024
`Responsive Damages Contentions and Final
`October 3, 2024
`Disclosure of Non-Infringing Alternatives
`Opening Claim Construction Brief
`Responsive Claim Construction Brief
`Reply Claim Construction Brief
`Markman Hearing
`Close of Fact Discovery
`Opening Expert Reports
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`August 12, 2024
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`August 19, 2024
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`October 15, 2024
`October 29, 2024
`November 5, 2024
`December 6, 2024
`February 28, 2025
`April 4, 2025
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`HAPTIC EX2024
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`Case 3:24-cv-02296-JSC Document 73 Filed 05/16/24 Page 2 of 7
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`Rebuttal Expert Reports
`Close of Expert Discovery
`Deadline to Move to Amend Pleadings
`Dispositive and Daubert Motion Filing Deadline
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`May 2, 2025
`May 30, 2025
`May 30, 2025
`June 26, 2025
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`A further Case Management Conference is scheduled for August 22, 2024 at 1:30 p.m. via
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`Zoom video. An updated Joint Case Management Conference Statement is due August 15, 2024.
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`The Court will be particularly interested in the progress of claim construction discovery.
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`II.
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`DISCOVERY DEADLINES
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`All depositions must be noticed at least 30 days before the close of fact discovery. Any
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`discovery-related letter briefs or motions are due one week after the close of fact discovery. The
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`same rules apply to expert discovery. See N.D. Cal. Civ. L.R. 37-3. For fact witnesses, each side
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`is limited to a total of 100 hours. Expert depositions shall be limited to seven hours, absent
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`agreement of the parties or court order permitting more time.
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`III. TRIAL DATE
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`A.
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`Jury trial will begin on September 29, 2025, at 8:30 a.m., in Courtroom 8, 19th
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`Floor, U.S. District Court, 450 Golden Gate, San Francisco, California.
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`B.
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`The Court is expecting the length of the trial to not exceed 5 court days. Each side
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`is likely to be limited to 10 hours for direct and cross-examination; additional time is given for
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`openings and closings and potentially for willfulness issues.
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`IV.
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`PRETRIAL CONFERENCE
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`A Final Pretrial Conference shall be held on September 3, 2025, at 2:00 p.m., in
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`Courtroom 8, 19th Floor. Lead trial counsel for each party shall attend.
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`A.
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`At least seven days prior to date of the Final Pretrial Conference the parties shall do
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`the following:
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`1.
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`In lieu of preparing a Joint Pretrial Conference Statement, the parties shall
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`meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order
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`that contains: (a) a brief description of the substance of claims and defenses which remain to be
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`decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in
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`numerical order, including a brief description of the exhibit and Bates numbers, a blank column
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`Case 3:24-cv-02296-JSC Document 73 Filed 05/16/24 Page 3 of 7
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`for when it will be offered into evidence, a blank column for when it may be received into
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`evidence, and a blank column for any limitations on its use; and (e) each party’s separate witness
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`list for its case-in-chief witnesses (including those appearing by deposition), including, for all such
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`witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her
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`testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each
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`witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e)
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`should be submitted as appendices to the proposed order. The proposed order should also state
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`which issues, if any, are for the Court to decide, rather than the jury.
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`2.
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`File a joint set of proposed instructions on substantive issues of law
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`arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated
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`Instruction No. ____ Re ___________,” with the blanks filled in as appropriate. If disputed, each
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`version of the instruction shall be inserted together, back to back, in their logical place in the
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`overall sequence. Each such disputed instruction shall be identified as, for example, “Disputed
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`Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled
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`in as appropriate. All disputed versions of the same basic instruction shall bear the same number.
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`Any modifications to a form instruction must be plainly identified. If a party does not have a
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`counter version and simply contends that no such instruction in any version should be given, then
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`that party should so state (and explain why) on a separate page inserted in lieu of an alternate
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`version. With respect to form preliminary instructions, general instructions, or concluding
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`instructions, please simply cite to the numbers of the requested instructions in the current edition
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`of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not
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`include preliminary, general, or concluding instructions in the packet.
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`3.
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`File a separate memorandum of law in support of each party’s disputed
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`instructions, if any, organized by instruction number.
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`4.
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`File a joint set of proposed voir dire questions supplemented as necessary
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`by separate requests.
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`5.
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`6.
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`File trial briefs on any controlling issues of law.
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`File proposed verdict forms, joint or separate.
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`Case 3:24-cv-02296-JSC Document 73 Filed 05/16/24 Page 4 of 7
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`7.
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`8.
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`File and serve any objections to exhibits.
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`File a joint simplified Statement of the Case to be read to the jury during
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`voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this
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`statement should not exceed one page.
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`B.
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`Any motions in limine shall be submitted as follows: at least twenty (20) calendar
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`days before the conference, the moving party shall serve, but not file, the opening brief. At least
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`ten (10) calendar days before the conference, the responding party shall serve the opposition.
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`There will be no reply. When the oppositions are received, the moving party should collate the
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`motion and the opposition together, back-to-back, and then file the paired sets at least seven (7)
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`calendar days before the conference. Each motion should be presented in a separate memorandum
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`and properly identified, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude . . . .” Each
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`party is limited to bringing five motions in limine. The parties are encouraged to stipulate where
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`possible, for example, as to the exclusion of witnesses from the courtroom. Each motion should
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`address a single, separate topic, and contain no more than seven pages of briefing per side.
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`C.
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` Hard-copy courtesy copies of the above documents shall be delivered by NOON
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`the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form
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`shall also be submitted via e-mail as Word attachments to jsc_settlement@cand.uscourts.gov. The
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`Court requests that all hard-copy submissions be three-hole-punched.
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`V.
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`PRETRIAL ARRANGEMENTS
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`A.
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`Should a daily transcript and/or real-time reporting be desired, the parties shall
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`make arrangements with Kristen Melen, Supervisor of the Court Reporting Services, at
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`(415) 522-2079, at least ten (10) calendar days prior to the trial date.
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`B.
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`During trial, counsel may wish to use overhead projectors, laser-disk/computer
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`graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all
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`counsel to the maximum extent possible. The Court provides no equipment other than an easel.
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`The United States Marshal requires a court order to allow equipment into the courthouse. For
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`electronic equipment, parties should be prepared to maintain the equipment or have a technician
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`handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may
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`work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues.
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`SCHEDULING
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`Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the availability
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`of witnesses, Monday through Friday. Counsel must arrive by 8:15 a.m., or earlier as needed, for
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`any matters to be heard out of the presence of the jury. The jury will be called at 8:30 a.m.
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`THE JURY
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`The Jury Office asks prospective jurors to complete an online jury questionnaire in
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`advance of their summons date. The standard questionnaire available on the Northern District’s
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`website at http://www.cand.uscourts.gov/wp-content/uploads/attorneys/Internet-version_Standard-
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`CAND-Trial_SurveyMonkey_3-2022.pdf. The parties are allowed to add 10 case specific
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`questions to the questionnaire. The parties shall meet and confer, and to the extent possible, file a
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`joint list of proposed questions to add to the questionnaire. To the extent that the parties cannot
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`agree, they may submit separate proposed questions from which the Court will choose 10. The
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`parties joint or separate submissions are due 21 days before trial. The Court will provide the
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`parties with the survey responses the Friday before trial.
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`In civil cases, there are no alternate jurors and the jury is selected as follows: Eighteen to
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`twenty jurors are called to fill the jury box and the row in front of the bar, and are given numbers
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`(1 through 20). The remaining potential jurors will be seated in the public benches. Hardship
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`excuses will usually be considered at this point. Counsel may conduct a limited voir dire.
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`Challenges for cause will then be addressed out of the presence of the potential jurors. The Court
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`will consider whether to fill in the seats of the stricken jurors. If so, questions will be asked of the
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`additional jurors and cause motions as to them will be considered. After a short recess, each side
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`may exercise its allotment of peremptory challenges out of the presence of the potential jurors.
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`The eight (or such other size as will constitute the jury) surviving the challenge process with the
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`lowest numbers become the final jury. If more (or fewer) than eight jurors are to be seated, then
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`the starting number will be adjusted. So too if more than a total of six peremptories are allowed.
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`Once the jury selection is completed, the jurors’ names will be read again and they will be seated
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`in the jury box and sworn. The Court may alter this procedure in its discretion and after
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`Case 3:24-cv-02296-JSC Document 73 Filed 05/16/24 Page 6 of 7
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`consultation with the parties.
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`WITNESSES
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`At the close of each trial day, all counsel shall exchange a list of witnesses for the
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`next two full court days and the exhibits that will be used during direct examination (other than
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`for impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall
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`provide any objections to such exhibits and shall provide a list of all exhibits to be used with the
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`same witness on cross-examination (other than for impeachment). The first notice shall be
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`exchanged prior to the first day of trial. All such notices shall be provided in writing.
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`EXHIBITS
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`A.
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`Prior to the Final Pretrial Conference, counsel must meet and confer in person to
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`consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over
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`the precise exhibit.
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`B.
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`Use numbers only, not letters, for exhibits, preferably the same numbers as were
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`used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g.,
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`Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single
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`exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant
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`should not re-mark the exact document with another number. Different versions of the same
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`document, e.g., a copy with additional handwriting, must be treated as different exhibits with
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`different numbers. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be
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`marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s
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`Exhibit.”
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`C.
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`Exhibits tags: Exhibits must be labeled in the lower right-hand corner with the
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`exhibit number in a prominent, bold typeface.
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`D.
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`Counsel must consult with each other and with the deputy clerk at the end of each
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`trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If
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`there are any differences, counsel should bring them promptly to the Court’s attention.
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`E.
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`The parties shall provide the Court with one official set of the record exhibits seven
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`(7) days before the Pretrial Conference. Each exhibit must be separated with a label divider
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`identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in
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`the binders. At trial, the parties shall provide individual witness exhibit binders which contain all
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`the exhibits the parties expect to use with the witness. The parties shall provide two copies of each
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`witness binder: one for the witness and one for the Court.
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`F.
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`Before the closing arguments, counsel must confer with the deputy clerk to make
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`sure the exhibits in evidence are in good order.
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`G.
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`Exhibit notebooks for the jury will not be permitted without prior permission from
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`the Court. Publication must be by poster blow-up, overhead projection, or such other method as is
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`allowed in the circumstances. It is permissible to highlight, circle or underscore in the
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`enlargements as long as it is clear that it was not on the original.
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`CHARGING CONFERENCE
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`As the trial progresses and the evidence is heard, the Court will fashion a comprehensive
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`set of jury instructions to cover all issues actually being tried. Prior to the close of the evidence,
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`the Court will provide a draft final charge to the parties. After a reasonable period for review, one
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`or more charging conferences will be held at which each party may object to any passage, ask for
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`modifications, or ask for additions. Any instruction request must be renewed specifically at the
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`conference or it will be deemed waived, whether or not it was requested prior to trial. If, however,
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`a party still wishes to request an omitted instruction after reviewing the Court’s draft, then it must
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`affirmatively re-request it at the charging conference in order to give the Court a fair opportunity
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`to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived.
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`IT IS SO ORDERED.
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`Dated: May 16, 2024
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`______________________________________
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`JACQUELINE SCOTT CORLEY
`United States District Judge
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