Case 2:21-cv-00283-TS-DAO Document 99 Filed 07/26/22 PageID.1728 Page 1 of 4
`
`
`UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
`CENTRAL DIVISION
`
`
`
`EAGLE VIEW TECHNOLOGIES, INC., and
`PICTOMETRY INTERNATIONAL CORP.,
`
`
`Plaintiffs,
`
`
`
`AMENDED PATENT CASE
`SCHEDULING ORDER
`
`
`Case No. 2:21-cv-00283
`
`District Judge Ted Stewart
`
`Magistrate Judge Daphne A. Oberg
`
`
`v.
`
`NEARMAP US, INC.,
`
`
`Defendant.
`
`
`
`Before the court is the parties’ Stipulated Motion to Amend Patent Case Scheduling
`
`Order, (Doc. No. 98). For good cause shown, the court GRANTS the motion and enters this
`
`amended scheduling order.
`
`
`(1) PRELIMINARY MATTERS/DISCLOSURES
`
`
`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]
`
`Defendant’s Rule 26(a)(1) initial disclosure due [LPR 2.2]
`Plaintiff serves Initial Infringement Contentions [LPR 2.3]
`
`Defendant serves Initial Non-Infringement, Unenforceability, and
`Invalidity Contentions [LPR 2.4]
`Final Infringement Contentions [LPR 3.1]
`
`
`
`1
`
`Date
`December 6, 2021
`January 3, 2022
`
`January 7, 2022
`
`January 10, 2022
`
`January 14, 2022
`February 10, 2022
`
`February 14, 2022
`
`August 29, 2022
`
`
`
`
`UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
`CENTRAL DIVISION
`
`
`
`EAGLE VIEW TECHNOLOGIES, INC., and
`PICTOMETRY INTERNATIONAL CORP.,
`
`
`Plaintiffs,
`
`
`
`AMENDED PATENT CASE
`SCHEDULING ORDER
`
`
`Case No. 2:21-cv-00283
`
`District Judge Ted Stewart
`
`Magistrate Judge Daphne A. Oberg
`
`
`v.
`
`NEARMAP US, INC.,
`
`
`Defendant.
`
`
`
`Before the court is the parties’ Stipulated Motion to Amend Patent Case Scheduling
`
`Order, (Doc. No. 98). For good cause shown, the court GRANTS the motion and enters this
`
`amended scheduling order.
`
`
`(1) PRELIMINARY MATTERS/DISCLOSURES
`
`
`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]
`
`Defendant’s Rule 26(a)(1) initial disclosure due [LPR 2.2]
`Plaintiff serves Initial Infringement Contentions [LPR 2.3]
`
`Defendant serves Initial Non-Infringement, Unenforceability, and
`Invalidity Contentions [LPR 2.4]
`Final Infringement Contentions [LPR 3.1]
`
`
`
`1
`
`Date
`December 6, 2021
`January 3, 2022
`
`January 7, 2022
`
`January 10, 2022
`
`January 14, 2022
`February 10, 2022
`
`February 14, 2022
`
`August 29, 2022
`
`
`
`Case 2:21-cv-00283-TS-DAO Document 99 Filed 07/26/22 PageID.1729 Page 2 of 4
`
`Event
`Final Unenforceability and Invalidity Contentions [LPR 3.1]
`Final Non-Infringement Contentions [LPR 3.2]
`
`
`(2) DISCOVERY LIMITATIONS
`
`
`Event
`Maximum number of depositions1 by Plaintiff(s)
`Maximum number of depositions2 by Defendant(s)
`Maximum number of hours for each deposition (unless extended by
`agreement of parties)
`Maximum interrogatories3 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
`
`
`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.
`
`
`Date
`September 16, 2022
`September 30, 2022
`
`Limitation
`10
`10
`7
`
`25
`200
`100
`
`Date
`September 30, 2022
`November 11, 2022
`7 days after claim
`construction ruling
`14 days after claim
`construction ruling
`
`Date
`November 18, 2022
`November 18, 2022
`
`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)]
`
`
`(3) AMENDMENT OF PLEADINGS/ADDING PARTIES
`
`
`Event
`Last day to file motion to amend pleadings
`Last day to file motion to add parties
`
`
`
`
`1 Excluding depositions of experts.
`2 Excluding depositions of experts.
`3 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.
`2
`
`
`
`
`
`Case 2:21-cv-00283-TS-DAO Document 99 Filed 07/26/22 PageID.1730 Page 3 of 4
`
`(4) CLAIM CONSTRUCTION PROCESS
`
`
`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)]
`Joint Claim Construction Chart & Joint Status Report Due [LPR
`4.2(f)]
`Tutorial for Court [LPR 4.4]
`Parties exchange exhibits [LPR 4.3]
`
`Claim Construction Hearing4 [LPR 4.3]
`
`
`(5) EXPERT DISCOVERY
`
`Date
`October 18, 2022
`
`October 25, 2022
`
`November 22, 2022
`
`December 13, 2022
`
`December 20, 2022
`
`January 13, 2023
`7 days before claim
`construction hearing
`
`TBD
`
`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
`
`
`
`(6) DISPOSITIVE MOTIONS
`
`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]
`
`Extended Date
`November 22, 2022
`
`December 23, 2022
`
`January 6, 2023
`
`105 days after claim
`construction ruling
`119 days after claim
`construction ruling
`
`
`Parties should contact the Court to set the date for the Claim Construction Hearing
`
`3
`
`4
`
`
`
`
`
`Case 2:21-cv-00283-TS-DAO Document 99 Filed 07/26/22 PageID.1731 Page 4 of 4
`
`
`
`(7) SETTLEMENT/ALTERNATIVE DISPUTE RESOLUTION/OTHER PROCEEDINGS
`
`
`Yes/No
`
`Yes
`
`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]
`The parties will complete private mediation/arbitration by:
`The parties will evaluate case for Settlement/ADR on:
`Settlement probability:
`
`No
`Yes
`August 11, 2022
`TBD
`TBD
`Likely
`
`
`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.
`
`(8) OTHER MATTERS
`
`All Motions in Limine should be filed well in advance of the Final Pretrial Conference.
`
`
`DATED this 26th day of July, 2022.
`
`BY THE COURT:
`
`____________________________
`Daphne A. Oberg
`United States Magistrate Judge
`
`
`
`4
`
`
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