Case 1:19-cv-11586-IT Document 60-4 Filed 04/03/20 Page 1 of 4
`Case 1:19-cv-11586—IT Document 60-4 Filed 04/03/20 Page 1 of 4
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`EXHIBIT D
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`EXHIBIT D
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`Case 1:19-cv-11586-IT Document 60-4 Filed 04/03/20 Page 2 of 4
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`Case Management Checklist
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`Case Name and Number
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`Counsel
`Lead Counsel for
`Delaware Counsel for
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`Lead Counsel for
`Delaware Counsel for _________ _
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`Meet and Confer
`Counsel have met and conferred and have made good faith efforts to discuss, in person
`and/ or by telephone, each of the topics listed in the Checklist below, and will be prepared to
`address these topics at the Case Management Conference ("CMC").
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`Discovery
`What are the core technical documents?
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`Does any party intend to request production of electronic mail? If so, why? How many
`custodians should be searched? What methods will be used to search for electronic
`documents (e.g., key word searches, predictive coding)?
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`How can the Court best assist the parties to provide meaningful interrogatory responses to
`avoid discovery disputes over the adequacy of such responses?
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`If sourcecode is going to be produced, when, where, and how will it be made available?
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`Claim Construction
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`What are the 1 or 2 most important claim terms requiring construction?
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`Should the Court consider a "super-early" limited claim construction hearing on those most
`important terms?
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`What is the maximum number of claim terms the parties will ask the Court to construe?
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`How can the parties help the Court achieve its goal of ruling on claim construction disputes
`within 60 days of the claim construction hearing?
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`1
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`Case 1:19-cv-11586-IT Document 60-4 Filed 04/03/20 Page 3 of 4
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`Narrowing the Case
`At what point(s) in the case will it be appropriate to limit/reduce the number of accused
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`devices/functionalities, asserted patents, asserted claims, invalidity defenses (including
`obviousness combinations), and prior art references?
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`Are there products that are not colorably different than the currently-accused products that
`Plaintiff expects or Defendant should expect will be added to the case?
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`Should damages or any other portion of the case be bifurcated?
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`Related Cases
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`What related cases are pending, in any Court, and what is their filing date and current status?
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`Does Plaintiff plan to file additional related cases and, if so, on what schedule and how
`should that plan affect how this case will proceed?
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`Has any patent-in-suit been litigated before and how soon is Plaintiff willing to produce the
`results of any such litigation, including settlement agreements?
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`Remedies
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`What initial revenue/ sales information does Plaintiff need to assess the value of the case and
`how soon is Defendant willing to produce such information?
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`What type of relief is Plaintiff seeking: lost profits, reasonable royalties, injunction, and/ or
`any other form of relief?
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`What does Plaintiff contend is the "smallest saleable unit"?
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`Has the patent been licensed or offered for any license and how soon is Plaintiff willing to
`produce licensing information?
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`Amendments
`What will be the deadline for proposed amendments to the pleadings, including adding
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`allegations of indirect and/ or willful infringement as well as inequitable conduct?
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`What will be the deadline for adding or altering the accused devices/functionalities, asserted
`claims, and prior art?
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`Supplementation
`Will expert declarations/ affidavits be permitted to be filed with case-dispositive and other
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`motions, without other parties' agreement or leave of the Court?
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`What will be the deadline for supplementing infringement, invalidity, damages, and other
`contentions?
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`Case 1:19-cv-11586-IT Document 60-4 Filed 04/03/20 Page 4 of 4
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`Protective Order
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`Are there any reasons this case requires provisions that are not typical of the protective order
`generally entered in this Court's patent cases?
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`Motions to Dismiss/Transfer/Stay
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`Have any of these motions been filed and/ or does any party anticipate filing such a motion?
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`Will the parties consent to magistrate judge jurisdiction at least for the limited purpose of
`resolving these motions?1
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`Should discovery and other exchanges of information (e.g., Default Standards~ 4
`disclosures) be stayed during pendency of these motions?
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`Motions for Summary Judgment
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`Are there any motions that are potentially fully case dispositive - or that would be
`dispositive of such a significant portion of the case that its resolution would greatly enhance
`the likelihood of a cost-effective pre-trial disposition- and that the parties agree the Court
`should hear early?
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`If the Court is to hear any early summary judgment motion, which, if any, other parts of the
`case should be stayed?
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`If the Court is to hear any early summary judgment motion, what is the moving party going
`to give up (e.g., the opportunity to file a motion on the same subject matter later in the
`case)?
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`Other Matters
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`Are any post-grant review procedures underway or planned that might affect the manner in
`which this case should proceed?
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`Would the Plaintiff be willing to stipulate to a maximum damages figure in exchange for
`restrictive discovery and an accelerated trial date?
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`How soon can this case be ready for alternative dispute resolution?
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`Scheduling
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`Address each matter listed in the Revised Patent Form Scheduling Order and submit, along
`with this Checklist, a joint proposed scheduling order, clearly identifying points of
`disagreement.
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`1The identity of any party or parties declining to consent should not be disclosed to the
`Court at any point, only the fact that there is not unanimous consent.
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