Case 2:21-cv-00283-TS-DAO Document 322 Filed 07/13/23 PageID.18088 Page 1 of 3
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`UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
`CENTRAL DIVISION
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`EAGLE VIEW TECHNOLOGIES, INC., and
`PICTOMETRY INTERNATIONAL CORP.,
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`Plaintiffs,
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`v.
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`NEARMAP US, INC.; NEARMAP
`AUSTRALIA PTY LTD; and NEARMAP
`LTD,
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`THIRD 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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`Defendants.
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`Plaintiffs Eagle View Technologies, Inc. and Pictometry International Corp. (collectively,
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`“EagleView”) has filed a motion to amend the scheduling order.1 EagleView seeks to reopen
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`discovery based on both parties’ recent filing of amended pleadings adding new claims and
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`defenses. Defendants Nearmap US, Inc., Nearmap Australia Pty Ltd, and Nearmap Ltd
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`(collectively, “Nearmap”) filed a response, 2 indicating they do not oppose reopening discovery
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`but disputing some of the proposed deadlines. Nearmap also proposes a deadline for the parties
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`to submit proposed amendments to the discovery limitations set forth in the prior scheduling
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`order(s).
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`1 (Doc. No. 317.)
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`2 (Doc. No. 321.)
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`1
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`Case 2:21-cv-00283-TS-DAO Document 322 Filed 07/13/23 PageID.18089 Page 2 of 3
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`Having reviewed both parties’ briefing and proposals, the court GRANTS EagleView’s
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`motion3 in part and ORDERS as follows:
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`1. For good cause shown, based on the recent filing of amended pleadings adding new
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`claims and defenses, fact discovery is reopened beginning on the date of this order.
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`2. The case schedule is amended as set forth below.4 All deadlines and limitations not
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`set forth herein remain unchanged.
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`3. The parties shall meet and confer regarding amendments to discovery limitations.
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`Any party seeking to amend discovery limitations based on the recent filing of
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`amended pleadings shall file a motion to amend the scheduling order within ten days
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`of this order.
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`Event
`Deadline for EagleView to serve initial infringement contentions for
`’648 and ’657 Patents and final infringement contentions for ’436,
`’840, and ’376 Patents
`Deadline for Nearmap to serve initial non-infringement,
`unenforceability, and invalidity contentions for ’648 and ’657
`Patents and supplemental final non-infringement, unenforceability,
`and invalidity contentions for ’436, ’840, and ’376 Patents and for
`’960, ’568, ’961, ’737, ’152, and ’149 Patents as to the newly-
`accused CoreLogic SkyMeasure product
`Deadline for EagleView to serve final infringement contentions for
`’648 and ’657 Patents
`Final date to seek stay pending post-grant proceedings in the Patent
`Office as to the new asserted patents
`Deadline for Nearmap to serve final unenforceability and invalidity
`contentions for ’648 and ’657 Patents
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`Deadline
`August 11, 2023
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`August 25, 2023
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`October 4, 2023
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`October 4, 2023
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`October 18, 2023
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`3 (Doc. No. 317.)
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`4 This schedule adopts, in large part, EagleView’s shorter proposed timeline. However, this does
`not prevent any party from later seeking further extensions of these deadlines if warranted, based
`on a showing of good cause.
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`2
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`Case 2:21-cv-00283-TS-DAO Document 322 Filed 07/13/23 PageID.18090 Page 3 of 3
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`Event
`Deadline for Nearmap to serve final non-infringement contentions
`for ’648 and ’657 Patents
`Deadline to serve written discovery before close of fact discovery
`Parties exchange proposed claim terms and claim constructions
`Deadline to reach agreement on submitting no more than ten terms
`for construction
`Close of fact discovery before claim construction
`Deadline to file opening cross-motions for claim construction and
`joint appendix; deadline to file dispositive motions required to be
`filed with claim construction
`Deadline to file simultaneous responsive claim construction briefs;
`deadline to file opposition to dispositive motions filed with claim
`construction
`Deadline to file joint claim construction chart and status report
`Deadline to file reply to dispositive motions filed with claim
`construction
`Deadline to submit technology tutorial to the court
`Disclosure of intent to rely on opinions of counsel and materials in
`support
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`Deadline to file motion for additional discovery; EagleView to file
`new proposed scheduling order for court to set trial deadlines by order
`or through a case management conference
`Parties bearing burden of proof serve opening expert reports
`Parties serve counter expert reports
`Close of expert discovery
`Deadline for filing partial or complete motions to exclude expert
`testimony
`Deadline for filing dispositive or potentially dispositive motions
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`DATED this 13th day of July, 2023.
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`Deadline
`November 1, 2023
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`November 15, 2023
`November 15, 2023
`November 22, 2023
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`December 15, 2023
`December 20, 2023
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`January 17, 2024
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`January 24, 2024
`January 31, 2024
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`January 31, 2024
`7 days after Claim
`Construction Order
`(“CCO”)5
`14 days after CCO
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`28 days after CCO
`56 days after CCO
`91 days after CCO
`105 days after CCO
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`119 days after CCO
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`BY THE COURT:
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`____________________________
`Daphne A. Oberg
`United States Magistrate Judge
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`5 In the event the court issues multiple claim construction orders, deadlines triggered by the
`claim construction order will be computed from the date of the last claim construction order.
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`3
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