Case 1:19-cv-11586-IT Document 54 Filed 03/25/20 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`FITBIT, INC.,
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`Defendant.
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`Civil Action No. 19-cv-11586-IT
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`SCHEDULING ORDER
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`March 25, 2020
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`TALWANI, D.J.
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`This Scheduling Order is intended to provide a reasonable timetable for discovery and
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`claim construction in order to help ensure a fair and just resolution of this matter without undue
`expense or delay.
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`Timetable for Discovery and Claim Construction
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`Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure and Local Rules 16.1(f) and
`16.6, it is hereby ORDERED that:
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`I.
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`Preliminary Disclosures
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`A.
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`B.
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`Initial Disclosures. Initial disclosures required by Federal Rules of Civil Procedure
`26(a) shall be completed by April 15, 2020. Supplemental disclosures under Rule
`26(e) shall be made promptly after the receipt of information by the party or counsel
`and, in any event, no later than the completion of fact discovery, unless good reason
`can be shown for why such information was not available.
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`Automatic Patent-Related Disclosures. In addition to the automatic required
`disclosures required by Federal Rule of Civil Procedure 26(a), the parties shall
`complete all patent-related disclosures contemplated by Local Rule 16.6(d)(1) and
`(4) by April 15, 2020.
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`II.
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`Claim-Construction Proceedings
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`A.
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`Joint Statement
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`1.
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`Not later than April 30, 2020, the parties shall simultaneously exchange a list of
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`Case 1:19-cv-11586-IT Document 54 Filed 03/25/20 Page 2 of 4
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`claim terms to be construed and their proposed constructions.
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`Not later than May 7, 2020, the parties shall confer to see if agreement can be
`reached on the construction of claim terms and the number of claims to be
`considered.
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`The parties may jointly present to the court no more than 10 claim terms for
`construction; provided, however, that, for good cause, either party, after
`conferring with the other parties, may petition the court to increase the number of
`claim terms for construction. Factors supporting good cause include, without
`limitation, the complexity of the patented technology, the number of asserted
`claims and patents, the lack of relation among the asserted patents, the number
`and complexity of invalidity defenses, and the number and diversity of accused
`products or methods.
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`Not later than May 14, 2020, the parties shall prepare and file a joint statement of
`the number of claims and terms to be construed. The joint statement shall include
`a joint claim-construction chart listing the claim terms noting each party’s
`proposed construction of each term. The parties may use the form shown below.
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`PATENT
`OWNER’S
`CONSTRUCTION
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`ACCUSED
`INFRINGER’S
`CONSUTRCTION
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`COURT’S
`CONSTRUCTION
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`The joint statement shall note the anticipated length of time necessary for the
`claim-construction hearing and whether any party proposes to call witnesses,
`including a statement that such extrinsic evidence does not conflict with intrinsic
`evidence.
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`The joint statement shall include a proposed order in which parties will present
`their arguments at the claim-construction hearing, which may be term-by-term or
`party-by-party, depending on the issues in the case.
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`The joint statement shall prioritize the disputed terms in order of importance.
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`Opening Claim-Construction Briefs. Not later than May 28, 2020, the parties shall
`simultaneously exchange and file opening claim-construction briefs.
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`Expert Testimony. Any party seeking to rely on expert testimony to support claim
`construction must include with its opening brief an expert declaration. The offering
`party must make the expert available for deposition not later than June 18, 2020.
`Either party may cite to the expert deposition testimony in its responsive brief. Other
`than the initial declaration and deposition testimony, no further expert testimony
`shall be permitted unless the court requests further testimony or for good cause
`shown.
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`2
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`2.
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`3.
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`4.
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`TERM
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`5.
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`6.
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`7.
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`B.
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`C.
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`Case 1:19-cv-11586-IT Document 54 Filed 03/25/20 Page 3 of 4
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`D.
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`E.
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`F.
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`G.
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`Responsive Briefs. Not later than July 8, 2020, the parties shall simultaneously
`exchange and file responsive briefs. This response period is intended to allow for
`depositions of opposing experts.
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`Page Limits. Absent leave of court, the page limits of L.R. 7.1(b)(4) shall apply to
`all briefs.
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`Tutorials. At the court’s request, the parties may exchange and file tutorials,
`preferably in the form of a short video or slide presentation, at least 14 days before
`the claim-construction hearing. The court may also, at its own election, seek an
`independent third party to educate the court on the disputed technology.
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`Hearing. The claim-construction hearing will be held on August 6, 2020, at 10:00
`a.m. Unless the court orders otherwise, the claim-construction hearing shall proceed
`by attorney argument only. Any party seeking to present live witness testimony
`(expert or otherwise) at the hearing must obtain the court’s approval, which it may
`grant in its discretion. The court may also order an evidentiary hearing sua sponte.
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`III.
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`Status Conference. Per Local Rule 16.6(c)(3), a status conference is set for September
`9, 2020, at 3:00 p.m.
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`IV. Other Discovery Deadlines.
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`A. Amendments to Pleadings. Except for good cause shown, no motions seeking leave
`to add new parties or to amend the pleadings to assert new claims or defenses may
`be filed after March 24, 2020.
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`Fact Discovery.
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`B.
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`1. All written fact discovery shall be served by September 2, 2020.
`2. All fact discovery shall be completed by October 14, 2020.
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`Expert Discovery.
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`C.
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`1. Opening expert reports regarding issues as to which a party bears the burden
`shall be filed no later than November 18, 2020.
`2. Rebuttal expert reports shall be filed no later than January 6, 2021.
`3. All expert discovery, including expert depositions, must be completed by
`February 18, 2021. The parties shall meet and confer regarding the timing of
`the depositions.
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`D. Dispositive Motions. Dispositive motions, such as motions for summary judgment
`or partial summary judgment and motions for judgment on the pleadings must be
`filed no later March 19, 2021.
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`Initial Pretrial Conference. An initial pretrial conference is set for June 23, 2021,
`at 2:30 P.M.
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`E.
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`Case 1:19-cv-11586-IT Document 54 Filed 03/25/20 Page 4 of 4
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`Procedural Provisions
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`Extension of Deadlines. Motions to extend or modify deadlines will be granted only for good
`cause shown. All motions to extend shall contain a brief statement of the reasons for the
`request; a summary of the discovery, if any, that remains to be taken; and a specific date when
`the requesting party expects to complete the additional discovery, join other parties, amend the
`pleadings, or file a motion.
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`Motions to Compel or Prevent Discovery. Except for good cause shown, motions to compel
`discovery, motions for protective orders, motions to quash, motions to strike discovery
`responses, and similar motions must be filed no later than seven days after the close of fact
`discovery or the close of expert discovery, whichever deadline is relevant. If additional
`discovery is compelled by the court after the relevant deadline has passed, the court may enter
`such additional orders relating to discovery as may be appropriate.
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`Status Conferences. Any party who reasonably believes that a status conference will assist in
`the management or resolution of the case may request one from the court upon reasonable
`notice to opposing counsel.
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`Early Resolution of Issues. The court recognizes that, in some cases, resolution of one or more
`preliminary issues may remove a significant impediment to settlement or otherwise expedite
`resolution of the case. Counsel are encouraged to confer and jointly advise the court of any such
`issues.
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`Pretrial Conference. Lead trial counsel are required to attend any pretrial conference.
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`Discovery Disputes. In the event counsel encounter a discovery dispute, they are encouraged to
`request a hearing or telephone conference with the court before filing a discovery motion.
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`IT IS SO ORDERED.
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`Date: March 25, 2020
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` /s/ Indira Talwani
` United States District Judge
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