Case 2:21-cv-00283-TS-DAO Document 152 Filed 11/07/22 PageID.2969 Page 1 of 5
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`EAGLE VIEW TECHNOLOGIES, INC., and
`PICTOMETRY INTERNATIONAL CORP.,
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`Plaintiffs,
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`SECOND AMENDED PATENT CASE
`SCHEDULING ORDER
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`Case No. 2:21-cv-00283
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`District Judge Ted Stewart
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`Magistrate Judge Daphne A. Oberg
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`UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
`CENTRAL DIVISION
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`v.
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`NEARMAP US, INC.,
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`Defendant.
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`Plaintiffs Eagle View Technologies, Inc. and Pictometry International Corp. (collectively,
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`“EagleView”) move to extend the close of fact discovery and subsequent deadlines by two
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`months.1 Defendant Nearmap US, Inc. opposes the requested extensions.2 In the alternative,
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`Nearmap proposes a one-month extension of fact discovery and subsequent deadlines but
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`opposes any extension of the deadline to file motions to amend pleadings and add parties.3
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`Having reviewed the motion and opposition, the court finds good cause to extend the deadlines at
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`issue for the reasons stated in EagleView’s motion. Further, EagleView’s proposed two-month
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`extension provides a more realistic timeframe to complete fact discovery and file subsequent
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`motions and briefs than Nearmap’s proposed one-month extension, particularly in light of the
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`1 (Pls.’ Mot. to Am. Patent Case Scheduling Order, Doc. No. 141.)
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`2 (Def.’s Opp’n to Pls.’ Mot. to Am. Patent Scheduling Order, Doc. No. 147.)
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`3 (Id.)
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`1
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`Case 2:21-cv-00283-TS-DAO Document 152 Filed 11/07/22 PageID.2970 Page 2 of 5
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`upcoming holidays. Additionally, EagleView’s proposal sets the deadline to file motions to
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`amend shortly after the close of fact discovery, consistent with the current scheduling order.4
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`For these reasons, EagleView’s motion5 is GRANTED and the case schedule is amended
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`as follows.
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`(1) PRELIMINARY MATTERS/DISCLOSURES
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`Event
`Plaintiff’s Accused Instrumentalities disclosure due [LPR 2.1]
`Last day to hold Rule 26(f)(1) Conference and begin discovery [LPR
`1.2, 1.3]
`Plaintiff’s Rule 26(a)(1) initial disclosure due
`[LPR 2.2]
`Attorney Planning Meeting Report and Proposed Scheduling Order
`submitted [LPR 1.2]
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`Defendant’s Rule 26(a)(1) initial disclosure due [LPR 2.2]
`Plaintiff serves Initial Infringement Contentions [LPR 2.3]
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`Defendant serves Initial Non-Infringement, Unenforceability, and
`Invalidity Contentions [LPR 2.4]
`Final Infringement Contentions [LPR 3.1]
`Final Unenforceability and Invalidity Contentions [LPR 3.1]
`Final Non-Infringement Contentions [LPR 3.2]
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`(2) DISCOVERY LIMITATIONS
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`Event
`Maximum number of depositions6 by Plaintiff(s)
`Maximum number of depositions7 by Defendant(s)
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`Date
`December 6, 2021
`January 3, 2022
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`January 7, 2022
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`January 10, 2022
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`January 14, 2022
`February 10, 2022
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`February 14, 2022
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`August 29, 2022
`September 16, 2022
`September 30, 2022
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`Limitation
`10
`10
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`4 (See Am. Patent Case Scheduling Order 2, Doc. No. 99.)
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`5 (Doc. No. 141.)
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`6 Excluding depositions of experts.
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`7 Excluding depositions of experts.
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`2
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`Case 2:21-cv-00283-TS-DAO Document 152 Filed 11/07/22 PageID.2971 Page 3 of 5
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`Maximum number of hours for each deposition (unless extended by
`agreement of parties)
`Maximum interrogatories8 by any party to any party
`Maximum requests for admissions by any party to any party
`Maximum requests for production by any party to any party
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`7
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`25
`200
`100
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`The parties shall handle a claim of privilege or protection as trial preparation material asserted
`after production as set forth in the Standard Protective Order for the United States District Court
`for the District of Utah.
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`Event
`Deadline to serve written discovery before claim construction [R. 34]
`Close of fact discovery before claim construction [LPR 1.3(a)]
`Disclosure of intent to rely on opinions of counsel and materials in
`support [LPR 1.3(b)]
`Deadline to file motion for additional discovery [LPR 1.3(b)]
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`(3) AMENDMENT OF PLEADINGS/ADDING PARTIES9
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`Event
`Last day to file motion to amend pleadings
`Last day to file motion to add parties
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`(4) CLAIM CONSTRUCTION PROCESS
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`Event
`Parties exchange proposed claim terms and claim constructions for
`construction [LPR 4.1(a)]
`Reach agreement to submit no more than 10 terms for construction
`[LPR 4.1(b)]
`Parties file Cross-Motions for Claim Construction and Joint Appendix
`[LPR 4.2(a) & (b)]
`Parties file Simultaneous Responsive Claim Construction Briefs [LPR
`4.2(c)]
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`Date
`September 30, 2022
`January 13, 2023
`7 days after claim
`construction ruling
`14 days after claim
`construction ruling
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`Date
`January 17, 2023
`January 17, 2023
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`Date
`October 18, 2022
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`October 25, 2022
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`January 23, 2023
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`February 10, 2023
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`8 An interrogatory or multiple interrogatories seeking the basis of a party’s affirmative defenses,
`infringement contentions, or invalidity contentions counts as one interrogatory regardless of the
`number of affirmative defenses alleged or the number of infringed or invalid claims alleged. A
`party may object to the time of discovery as set forth in LPR 1.7.
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`9 Counsel must still comply with the requirements of Fed. R. Civ. P. 15(a).
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`3
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`Case 2:21-cv-00283-TS-DAO Document 152 Filed 11/07/22 PageID.2972 Page 4 of 5
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`Event
`Joint Claim Construction Chart & Joint Status Report Due [LPR
`4.2(f)]
`Tutorial for Court [LPR 4.4]
`Parties exchange exhibits [LPR 4.3]
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`Claim Construction Hearing10 [LPR 4.3]
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`(5) EXPERT DISCOVERY
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`Date
`February 17, 2023
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`March 11, 2023
`7 days before claim
`construction hearing
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`TBD
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`Date
`Event
`Parties bearing burden of proof [LPR 5.1(b)] 28 days after claim construction ruling
`Counter reports [LPR 5.1(c)]
`56 days after claim construction ruling
`Close of expert discovery [LPR 5.2]
`91 days after claim construction ruling
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`(6) DISPOSITIVE MOTIONS
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`Event
`Deadline to file dispositive motions required to be filed with claim
`construction [LPR 6.2]
`Deadline to file opposition to dispositive motions filed with claim
`construction [LPR 6.2, DUCivR 56-1, 7-1]
`Deadline to file reply to dispositive motions filed with claim
`construction [LPR 6.2, DUCivR 56-1, 7-1]
`Deadline for filing partial or complete motions to exclude expert
`testimony
`Deadline for filing dispositive or potentially dispositive motions [LPR
`6.1]
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`Extended Date
`January 23, 2023
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`February 21, 2023
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`March 7, 2023
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`105 days after claim
`construction ruling
`119 days after claim
`construction ruling
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`(7) SETTLEMENT/ALTERNATIVE DISPUTE RESOLUTION/OTHER PROCEEDINGS
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`Event
`Likely to request referral to a Magistrate Judge for settlement
`conference
`Likely to request referral to court-annexed arbitration
`Likely to request referral to court-annexed mediation
`Last day to seek stay pending reexamination [LPR 3.5]
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`Yes/No
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`Yes
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`No
`Yes
`August 11, 2022
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`Parties should contact the Court to set the date for the Claim Construction Hearing
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`4
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`10
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`Case 2:21-cv-00283-TS-DAO Document 152 Filed 11/07/22 PageID.2973 Page 5 of 5
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`Event
`The parties will complete private mediation/arbitration by:
`The parties will evaluate case for Settlement/ADR on:
`Settlement probability:
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`Plaintiff is directed to file a new scheduling order within 14 days of ruling on claim
`construction. The Court will set trial deadlines in that order or through a case management
`conference.
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`Yes/No
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`TBD
`TBD
`Likely
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`(8) OTHER MATTERS
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`All Motions in Limine should be filed well in advance of the Final Pretrial Conference.
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`DATED this 7th day of November, 2022.
`BY THE COURT:
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`____________________________
`Daphne A. Oberg
`United States Magistrate Judge
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`5
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