Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 1 of 27 PagelD #: 223
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 1 of 27 PageID #: 223
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ANCORA TECHNOLOGIES,INC.,
`
`Plaintiff,
`
`v.
`
`SONY MOBILE COMMUNICATIONS
`AB, SONY MOBILE
`COMMUNICATIONS(USA) INC.,
`AND SONY MOBILE
`COMMUNICATIONS,INC.,
`
`Defendants.
`
`C.A. No. 19-1703-CFC
`
`JURY TRIAL DEMANDED
`
`JOINT REPOSED/SCHEDULING ORDER
`This {(stdayof dStatenbd2020,a<a
`
`
`
`
`
`
`
`
`
`16(6}-schedulingconferencete-LeealRulet6-16b},the parties havingpursuant
`
`determined after discussion that the matter cannot be resolved at this juncture by
`settlement, voluntary mediation, or binding arbitration:
`|
`
`IT IS ORDEREDthat:
`
`1.
`
`Relevant Deadlines and Dates. All relevant deadlines and dates
`
`established by this Order are set forth in the chart attached as Exhibit A.
`
`2.
`
`Rule 26(a)(1) and Default Standard Paragraph 3 Initial Disclosures:
`
`The parties shall serve their Rule 26(a)(1) Initial Disclosures on or before
`
`September 30, 2020. The parties shall serve their initial disclosures pursuant to
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 1 of 27 PageID #: 223
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ANCORA TECHNOLOGIES,INC.,
`
`Plaintiff,
`
`v.
`
`SONY MOBILE COMMUNICATIONS
`AB, SONY MOBILE
`COMMUNICATIONS(USA) INC.,
`AND SONY MOBILE
`COMMUNICATIONS,INC.,
`
`Defendants.
`
`C.A. No. 19-1703-CFC
`
`JURY TRIAL DEMANDED
`
`JOINT REPOSED/SCHEDULING ORDER
`This {(stdayof dStatenbd2020,a<a
`
`
`
`
`
`
`
`
`
`16(6}-schedulingconferencete-LeealRulet6-16b},the parties havingpursuant
`
`determined after discussion that the matter cannot be resolved at this juncture by
`settlement, voluntary mediation, or binding arbitration:
`|
`
`IT IS ORDEREDthat:
`
`1.
`
`Relevant Deadlines and Dates. All relevant deadlines and dates
`
`established by this Order are set forth in the chart attached as Exhibit A.
`
`2.
`
`Rule 26(a)(1) and Default Standard Paragraph 3 Initial Disclosures:
`
`The parties shall serve their Rule 26(a)(1) Initial Disclosures on or before
`
`September 30, 2020. The parties shall serve their initial disclosures pursuant to
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 2 of 27 PagelD #: 224
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 2 of 27 PageID #: 224
`
`Paragraph 3 of the Default Standard for Discovery,
`
`including Discovery of
`
`Electronically Stored Information (“ESI”) (“Default Standard”) on or before
`
`October 30, 2020.
`
`3.
`
`Disclosure ofAsserted Claims and Infringement Contentions. Plaintiff
`
`shall serve its disclosure of Asserted Claims and Infringement Contentions on or
`
`before October 16, 2020. Such disclosure shall include:
`
`(a)
`
`Each claim ofeach asserted patentthatis allegedly infringed by
`
`each opposing party, including for each claim the applicable statutory
`
`subsections of 35 U.S.C. § 271 asserted;
`
`(b)
`
`Separately for each asserted claim, each accused apparatus,
`
`product, device, process, method, act, or other
`
`instrumentality
`
`(“Accused Instrumentality”) of each opposing party of which the party
`
`is aware. This identification shall be as specific as possible. Each
`
`- product, device, and apparatus shall be identified by name or model
`
`number, ifknown. Each methodorprocessshall be identified by name,
`
`if known, or by any product, device, or apparatus which, when used,
`
`allegedly results in the practice of the claimed methodor process;
`
`(c)
`
`A chart identifying specifically where and how each limitation
`
`of each asserted claim is found within each Accused Instrumentality,
`
`including for each limitation that such party contends is governed by
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 3 of 27 PagelD #: 225
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 3 of 27 PageID #: 225
`
`35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s)
`
`in the Accused Instrumentality that performs the claimed function;
`
`(d)
`
`For each claim alleged to have been indirectly infringed, an
`
`identification of any direct infringement and a description of the acts of
`
`the alleged indirect infringer that contribute to or are inducing that
`
`direct infringement. Insofar as alleged direct infringementis based on
`
`joint acts of multiple parties, the role of each such party in the direct
`
`infringement must be described;
`
`(e) Whether each limitation of each asserted claim is alleged to be
`
`present literally or under the doctrine of equivalents in the Accused
`
`Instrumentality;
`
`(f)
`
`For any patent that claims priority to an earlier application, the
`
`priority date to which each asserted claim is alleged to be entitled; and
`
`(g)
`
`Ifa party claiming patent infringement wishes to preserve the
`
`right to rely, for any purpose, on the assertion that its own orits
`
`licensee’s apparatus, product, device, process, method, act, or other
`
`instrumentality practices the claimed invention,the party shall identify,
`
`separately for each asserted claim, each such apparatus, product,
`
`device, process, method, act, or other instrumentality that incorporates
`
`or reflects that particular claim;
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 4 of 27 PagelD #: 226
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 4 of 27 PageID #: 226
`
`(h)
`
`The timing ofthe point offirst infringement, the start of claimed
`
`damages, and the end of claimed damages; and
`
`(i)
`
`If a party claiming patent
`
`infringement
`
`alleges willful
`
`infringement, the basis for such allegation.
`
`4,
`
`Document Production Accompanying Disclosure of Asserted Claims
`
`and Infringement Contentions. Accompanyingtheir disclosure of asserted claims
`
`and infringement contentions on or before October 16, 2020,Plaintiff shall produce
`
`or make available for inspection and copying a copyofthe file history for each
`
`Patent. On or before October 16, 2020, Plaintiff shall produce or make available
`
`for inspection and copying the following:
`
`(a)
`
`Documents
`
`(e.g.,
`
`contracts,
`
`purchase
`
`orders,
`
`invoices,
`
`advertisements, marketing materials, offer letters, beta site testing
`
`agreements,and third party orjoint development agreements)sufficient
`
`to evidence each discussion with, disclosure to, or other manner of
`
`providing to a third party, or sale ofor offer to sell, or any public use
`
`of, the claimed invention prior to the date of application for the Patent-
`
`in-Suit;
`
`(b) All documents evidencing the conception, reduction to practice,
`
`design, and development of each claimed invention, which were
`
`created on or before the date of application for the Patent-in-Suit or the
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 5 of 27 PagelD #: 227
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 5 of 27 PageID #: 227
`
`priority date identified pursuant
`
`to paragraph 3(f) of this Order,
`
`whicheveris earlier;
`
`(c)
`
`(d)
`
`Acopyofthe file history for the Patent-In-Suit;
`
`All documents evidencing ownership of the patent rights by the
`
`party asserting patent infringement;
`
`(e)
`
`Ifa party identifies instrumentalities pursuant to paragraph 3(g)
`
`ofthis Order, documents sufficient to show the operation of any aspects
`
`or elements of such instrumentalities the patent claimant relies upon as
`
`embodying any asserted claims;
`
`(f)
`
`All agreements, includinglicenses, transferring an interest in the
`
`Patent-in-Suit;
`
`(g) All agreements that the party asserting infringement contendsare
`
`comparable to a license that would result
`
`from a hypothetical
`
`reasonable royalty negotiation;
`
`(h) All agreements that otherwise may be used to support the party
`
`asserting infringement’s damagescase;
`
`(i)
`
`Ifa party identifies instrumentalities pursuant to paragraph 3(g)
`
`ofthis Order, documents sufficient to show marking of such embodying
`
`accused instrumentalities; and ifthe party wants to preservethe right to
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 6 of 27 PagelD #: 228
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 6 of 27 PageID #: 228
`
`recover lost profits based on such products,the sales, revenues, costs,
`
`and profits of such embodying accused instrumentalities; and
`
`Gj)
`
`All documents comprising or reflecting a FFRAND commitment
`
`or agreement with respectto the asserted patent(s). The producing party
`
`shall separately identify by production number the documents that
`
`correspond to each category set forth in this paragraph. A party's
`
`production of a document as required by this paragraph shall not
`
`constitute an admission that such document evidences oris prior art
`
`under 35 U.S.C. § 102.
`
`5.
`
`Invalidity Contentions.
`
`Defendants
`
`shall serve their
`
`invalidity
`
`contentions for the Patent-in-Suit on or before December 18, 2020. Such disclosure
`
`shall include:
`
`(a)
`
`The identity of each item of prior art that the party alleges
`
`anticipates each asserted claim orrenders the claim obvious. Each prior
`
`art patent shall be identified by its number, country oforigin, and date
`
`of issue. Each prior art publication shall be identified by its title, date
`
`ofpublication, and, where feasible, author and publisher. Each alleged
`
`sale or public use shall be identified by specifying the item offered for
`
`sale or publicly used or known,the date the offer or use took place or
`
`the information became known,andthe identity of the personor entity
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 7 of 27 PagelD #: 229
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 7 of 27 PageID #: 229
`
`which madethe use or which made and received the offer, or the person
`
`or entity which made the information known or to whom it was made
`
`known. For pre-AJA claims, prior art under 35 U.S.C. § 102(f) shall be
`
`identified by providing the name of the person(s) from whom and the
`
`circumstances under which the invention or any part of it was derived.
`
`For pre-AJA claims, prior art under 35 U.S.C. § 102(g) shall be
`
`identified by providing the identities of the person(s) or entities
`
`involved in and the circumstances surrounding the making of the
`
`invention before the patent applicant(s);
`
`(b) Whether each item of prior art anticipates each asserted claim or
`
`renders it obvious. If obviousnessis alleged, an explanation ofwhy the
`
`prior art renders the asserted claim obvious, including an identification
`
`of any combinationsof prior art showing obviousness;
`
`(c)<Achart identifying specifically where and how in each alleged
`
`item of prior art each limitation of each asserted claim is found,
`
`including for each limitation that such party contends is governed by
`
`35 U.S.C. § 112(f), the identity of the structure(s), act(s), or material(s)
`
`in each item ofprior art that performs the claimed function; and
`
`(d) Any grounds of invalidity based on 35 U.S.C.
`
`§
`
`101,
`
`indefiniteness under 35 U.S.C. § 112(b), or lack of enablement or
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 8 of 27 PagelD #: 230
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 8 of 27 PageID #: 230
`
`insufficient written description under 35 U.S.C. § 112(a) of any ofthe
`
`asserted claims.
`
`6.
`
`Document
`
`Production Accompanying
`
`Invalidity Contentions.
`
`Defendants shall serve their document production accompanying their invalidity
`
`contentions for the Patent-in-Suit on or before December 18, 2020. Defendants
`
`shall produce or make available for inspection and copying:
`
`(a)
`
`Source code, specifications, schematics, flow charts, artwork,
`
`formulas, or other documentation sufficient to show the operation of
`
`any aspect or element of an Accused Instrumentality identified by the
`
`patent claimantin its chart produced pursuant to paragraph 3(c) ofthis
`
`Order;
`
`(b) Acopy or sample ofthe priorart identified pursuant to paragraph
`
`5(a) that does not appear in the file history of the patent(s) at issue. To
`
`the extent any such item is not in English, an English translation of the
`
`portion(s) relied upon shall be produced;
`
`(c)
`
`All agreements that the party opposing infringement contends
`
`are comparable to a license that would result from a hypothetical
`
`reasonable royalty negotiation;
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 9 of 27 PagelD #: 231
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 9 of 27 PageID #: 231
`
`(d)
`
`Documents sufficient to show the sales, revenue, cost, andprofits
`
`for Accused Instrumentalities identified pursuant paragraph 3(b)ofthis
`
`Order for any period of alleged infringement; and
`
`(e)
`
`All agreements that may be used to support the party denying
`
`infringement’s damages case.
`
`7.
`
`Amendment
`
`to Contentions.
`
`Amendment of the Infringement
`
`Contentionsor the Invalidity Contentions served pursuant to Paragraphs (3) and (5)
`
`above may be madeonly by order ofthe Court upon a timely showing of good cause.
`
`Non-exhaustive examples of circumstances that may, absent undue prejudice to the
`
`non-moving party, support a finding of good cause include (a) recent discovery of
`
`material prior art despite earlier diligent search and(b) recent discovery ofnonpublic
`
`information about the Accused Instrumentality which was not discovered, despite
`
`diligent efforts, before the service of the Infringement Contentions. The duty to
`
`supplement discovery responses does not excuse the need to obtain leave of the
`
`Court to amend contentions.
`
`8.
`
` Joinder of Other Parties and Amendment of Pleadings. All motions to
`
`join other parties, and to amend or supplement the pleadings shall be filed on or
`
`before June 18, 2021.
`
`9.
`
`Discovery. Discovery is permitted as to all aspects of this case in
`
`accordance with the following schedule.
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 10 of 27 PagelD #: 232
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 10 of 27 PageID #: 232
`
`(a)
`
`Discovery Cut Off. All fact discovery shall be initiated so thatit
`
`will be completed on or before October 31, 2021.
`
`(b) Document Production.
`
`Document production shall be
`
`substantially complete on or before July 30, 2021.
`
`(c)
`
`Requests for Admission. A maximum of 25 requests for
`
`admission are permitted for each side.
`
`(d)
`
`Interrogatories. A maximum of 25 interrogatories, including
`
`contention interrogatories, are permitted for eachside.
`
`(e)
`
`Depositions.
`
`i. Limitation on Hours for Deposition Discovery. Each side is
`
`limited to a total of 30 hours of taking testimony by deposition
`
`upon oral examination, with the duration of each deposition
`
`being limited to 1 day of 7 hours.
`
`ii. Location of Depositions. Any party or representative (officer,
`
`director, or managing agent) ofaparty filing a civil action in this
`
`District Court must ordinarily be required, upon request, to
`
`submit to a deposition at a place designated within this District.
`
`Exceptionsto this general rule may be made by order ofthe Court
`
`or by agreement of the parties. A defendant who becomes a
`
`counter-claimant, cross-claimant, or third-party plaintiff shall be
`
`10
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 11 of 27 PagelD #: 233
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 11 of 27 PageID #: 233
`
`considered as havingfiled an action in this Court for the purpose
`
`of this provision.
`
`10.
`
`Pinpoint Citations. Pinpoint citations are required in all briefing,
`
`|
`
`letters, and concise statements of facts. The Court will ignore any assertions of
`
`controverted facts and controverted legal principles not supported by a pinpoint
`
`citation to, as applicable: the record, an attachment or exhibit, and/or case law or
`
`appropriate legal authority. See United States v. Dunkel, 927 F.2d 955, 956 (“Judges
`
`are notlike pigs, hunting for truffles buried in briefs.”).
`
`11. Application to Court for Protective Order. The parties intend to work
`
`on and submit a stipulated Protective Order for the Court’s consideration.
`
`Any proposed protective order must include the following paragraph:
`
`Other Proceedings. By entering this Order and limiting the
`disclosure of information in this case, the Court does not intend to
`preclude another court from finding that
`information may be
`relevant and subject to disclosure in another case. Any person or
`party subject to this Order who becomes subject to a motion to
`disclose another party's information designated as confidential
`pursuant to this Order shall promptly notify that party of the motion
`so that the party may have an opportunity to appear and be heard on
`whetherthat information should be disclosed.
`
`&
`12. Disputes Relating to Discovery Matters and Protective Orders
`
`counsel find they are unable to resolve a dispute
`ig to a discovery matter or
`
`protective order, the parties shall
`act the Court’s Case Manager to schedule an
`
`in-person confere
`
`
`
`.
`
`# pM) cick Arsputes
`
`ove
`
`11
`
`rtend ~> Maprrathe VibkooStedlies
`
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 12 of 27 PagelD #: 234
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 12 of 27 PageID #: 234
`
`(a)
`
`Unless otherwise ordered, by no later than 72 hours
`
`conference/argument, the party seekingrelief shall file
`
`
`
`
`a letter, not to exceed three pages, outlining the issues in dispute and
`
`the party’s position on those issues. The/party shall submit as
`
`attachmentstoits letter (1) an averment oféounselthat the parties made
`
`a reasonable effort to resolve the dispaite and that such effort included
`
`oral communication that involved Delaware counsel for the parties, and
`
`(2) a draft order for the Court’
`
`s/signature that identifies with specificity
`
`
`
`the relief sought by the party. The party shall file concurrently with its
`
`letter a motion that in ng more than one paragraphsets forth the relief
`
`
`
`
`
`
`sought.
`
`(b)
`
`By nolater
`
`an 48 hoursprior to the conference/argument, any
`
`party opposing
`
`the application for relief may file a letter, not to exceed
`
`three pages,
`
`
`
`gftlining that party’s reasonsfor its opposition.
`
`(c)
`
`Two/nard copiesof the parties’ letters and attachments must be
`
`provided/to the Court within one hour ofe-filing the document(s). The
`
`hard cgpies shall comply with paragraphs Error! Reference source
`
`not
`
`found. and 13(a) of this Order.
`
`
`
`
`12
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 13 of 27 PagelD #: 235
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 13 of 27 PageID #: 235
`
`
`
`proceduresset forth in this paragraph, the
`
`metion will be denied without
`
`prejudice to the moving party's-right to bring the dispute to the Court
`
`
`
`
`
`
`through the procedurés set forth in this paragraph.
`
`13.
`
`Papers Filed Under Seal. When filing papers underseal, counsel shall
`
`deliver to the Clerk an original and two copies of the papers. A redacted version of
`
`any sealed documentshall be filed electronically within seven days ofthe filing of
`
`the sealed document.
`
`(a)
`
`Hard Copies. The parties shall provide to the Court two hard
`
`copies ofall letters filed pursuant to paragraph 12 of this Order, all
`
`briefs, and any other documentfiled in support of any such letters and
`
`briefs (i.e., the concise statementof facts filed pursuant to paragraph 20
`
`of this Order, appendices, exhibits, declarations, affidavits, etc.). This
`
`provision also applies to papers filed under seal. Exhibits and
`
`attachments shall be separated by tabs. Each exhibit and attachment
`
`shall have page numbers of somesort such that a particular page of an
`
`exhibit or attachment can be identified by a page number. Theparties
`
`shall take all practical measures to avoid filing multiple copies of the
`
`same exhibit or attachment. The parties should highlight the text of
`
`exhibits and attachments they wish the Court to read. The parties are
`
`encouragedto include in an exhibit or attachment only the pages ofthe
`
`13
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 14 of 27 PagelD #: 236
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 14 of 27 PageID #: 236
`
`documentin question that (1) identify the document(e.g., the first page
`
`of a deposition transcript or the cover page of a request for discovery)
`
`and (2) are relevant to the issue(s) before the Court.
`
`14.
`
`Claim Construction Issue Identification. On or before March 16, 2021,
`
`the parties shall exchange a list of those claim term(s)/phrase(s) of those claim
`
`term(s)/phrase(s) that they believe need construction and their proposed construction
`
`of those term(s)/phrase(s). This document will not be filed with the Court.
`
`Subsequent to exchanging that list, the parties shall meet and confer to prepare a
`
`Joint Claim Construction Chart to be filed no later than April 6, 2021. The Joint
`
`Claim Construction Chart, in Word format, shall be e-mailed simultaneously with
`
`filing to cfc_civil@ded.uscourts.gov. The text for the Joint Claim Construction
`
`Chart shall be 14-point and in Times New Roman orasimilar typeface. The parties’
`
`Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s)
`
`of the claim(s) in issue and should include each party’s proposed construction of the
`
`disputed claim language with citation(s) only to the intrinsic evidence in support of
`
`their respective proposed constructions. A separate text-searchable PDF of each of
`
`the patent(s) in issue shall be submitted with this Joint Claim Construction Chart. In
`
`this joint submission, the parties shall not provide argument. Each party shall file
`
`concurrently with the Joint Claim Construction Chart a “Motion for Claim
`
`Construction” that requests the Court to adopt the claim construction position(s) of
`
`14
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 15 of 27 PagelD #: 237
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 15 of 27 PageID #: 237
`
`that party set forth in the Joint Claim Construction Chart. The motion shall not
`
`contain any argument and shall simply state that the party “requests that the Court
`
`adopt the claim construction positions] of [the party] set forth in the Joint Claim
`
`Construction Chart (D.I. [ ]).”
`
`15.
`
`Claim Construction Briefing. The Plaintiff shall serve, but notfile,its
`
`openingbrief, not to exceed 5,500 words, on April 27, 2021. The Defendantsshall
`
`serve, but not file, their answering brief, not to exceed 8,250 words, on May25,
`
`2021. The Plaintiff shall serve, but notfile, its reply brief, not to exceed 5,500 words,
`
`on June 8, 2021. The Defendants shall serve, but not file, their sur-reply brief, not
`
`to exceed 2,750 words, on June 22, 2021. The text for each brief shall be 14-point
`
`and in a Times New Roman or similar typeface. Each brief must include a
`
`certification by counselthat the brief complies with the type and number limitations
`
`set forth above. The person who prepares the certification may rely on the word
`
`count of the word-processing system used to prepare the brief.
`
`Nolater than June 29, 2021, the parties shall file a Joint Claim Construction
`
`Brief for the Patent-in-Suit. The parties shall copy and paste their untitled briefs into
`
`onebrief, with their positions on each claim term in sequential order, in substantially
`
`the form below.
`
`JOINT CLAIM CONSTRUCTION BRIEF
`
`I.
`
`Agreed-upon Constructions
`
`15
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 16 of 27 PagelD #: 238
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 16 of 27 PageID #: 238
`
`II.
`
`Disputed Constructions
`
`_ [TERM 1]
`
`1. Plaintiff's Opening Position
`2. Defendants’ Answering Position
`3. Plaintiff's Reply Position
`4. Defendants’ Sur-Reply Position
`
`. [TERM 2]
`
`1. Plaintiff's Opening Position
`2. Defendants’ Answering Position
`3. Plaintiff's Reply Position
`4. Defendants’ Sur-Reply Position
`
`Etc.
`
`The parties need not include any general summaries of the law relating to
`
`claim construction.
`
`If there are any materials that would be submitted in an
`
`appendix, the parties shall submit them in a Joint Appendix. Citations to intrinsic
`
`evidence shall be set forth in the Joint Claim Construction Brief. Citations to expert
`
`declarations and other extrinsic evidence may be made in the Joint Claim
`
`Construction Brief as the parties deem necessary, but the Court will review such
`
`extrinsic evidence only if the Court is unable to construe the disputed claim terms
`
`based on the intrinsic evidence. See Vitronics Corp. v. Conceptronic, Inc., 90 F.3d
`
`1576, 1584 (Fed. Cir. 1996). Declarations shall not contain legal argumentor be
`
`used to circumvent the briefing word limitations imposed by this paragraph. The
`
`16
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 17 of 27 PagelD #: 239
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 17 of 27 PageID #: 239
`
`Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs 10
`
`and 14 of this Order.
`
`16. Meet and Confer Confirmation and Amended Claim Chart, On or
`
`before July 6, 2021, local and lead counselfor the parties shall meet and confer and
`
`thereafter file an Amended Joint Claim Construction Chart for the Patent-in-Suit that
`
`sets forth the terms that remain in dispute. During the meet and confer, the parties
`
`shall attempt to reach agreement on any disputed terms where possible and to narrow
`
`the issues related to the remaining disputed terms. The parties shall file with the
`
`Amended Joint Claim Construction Chart a letter that identifies by name each
`
`individual who participated in the meet and confer, when and how(i.e., by telephone
`
`or in person) the meet and confer occurred, and how longit lasted. If no agreements
`
`on constructions have been reachedorif no dispute has been narrowedasaresult of
`
`the meet and confer, the letter shall so state and the parties need not file an Amended
`
`Joint Claim Construction Chart.
`
`17. Hearing on Claim Construction. Beginning at quiran
`
`August (6, 2021, the Court will hear argument on claim construction for the
`
`Patent-in-Suit. Absent prior approval of the Court (which, if it is sought, must be
`
`doneso by joint letter submission no later than the date on which answering claim
`
`construction briefs are due to be served), the parties shall not present testimony at
`
`the argument, and the argumentshall not exceeda total of three hours.
`
`17
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 18 of 27 PagelD #: 240
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 18 of 27 PageID #: 240
`
`18. Disclosure of Expert Testimony.
`
`(a)
`
`Expert Reports. For the party who hastheinitial burden ofproof
`
`on the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert
`
`testimony is due on or before December 21, 2021. The supplemental
`
`disclosure to contradict or rebut evidence on the same matter identified by
`
`another party, including evidence of secondary considerations and objective
`
`indicia of non-obviousness, is due on or before January 21, 2022. Reply
`
`expert reports from the party with the initial burden of proof are due on or
`
`before February 21, 2022. No other expert reports will be permitted without
`
`either the consent of all parties or leave of the Court. Along with the
`
`submissions of the reply expert reports, the parties shall advise of the dates
`
`and timesoftheir experts’ availability for deposition. Depositions of experts
`
`shall be completed on or before April1, 2022.
`
`(b)
`
`Objections to Expert Testimony. To the extent any objection to
`
`expert testimony is made pursuant to the principles announced in Daubert v.
`
`Merrell Dow Pharmaceuticals, Inc., 5309 U.D. 579 (1993), as incorporated in
`
`Federal Rule of Evidence 702, it shall be made by motion no later than the
`
`deadline for dispositive motions set forth herein, unless otherwise ordered by
`
`the Court.
`
`18
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 19 of 27 PagelD #: 241
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 19 of 27 PageID #: 241
`
`19.
`
`Case Dispositive Motions.
`
`(a) No Early Motions Without Leave. All case dispositive motions
`
`and the opening briefs and affidavits supporting such motionsshall be
`
`served andfiled on or before May 20, 2022. No case dispositive motion
`
`under Rule 56 may befiled more than ten days before this date without
`
`leave of the Court.
`
`(b) Motions to be Filed Separately. A party shall not combine into
`
`a single motion multiple motions that rely in whole or in part on
`
`different facts.
`
`(c) Word Limits Combined with Daubert Motion Word Limits.
`
`Each party is permitted to file as many case dispositive motions as
`
`desired; provided, however,
`
`that each SIDE will be limited to a
`
`combinedtotal of 10,000 wordsfor all opening briefs, a combinedtotal
`
`of 10,000 wordsfor all answering briefs, and a combined total of 5,000
`
`wordsfor all reply briefs regardless of the number of case dispositive
`
`motions that are filed.
`
`In the event that a party files, in addition to a
`
`case dispositive motion, a Daubert motion to exclude or preclude all or
`
`any portion of an expert’s testimony,
`
`the total amount of words
`
`permitted for all case dispositive and Daubert motions shall be
`
`increased for each SIDE to 12,500 wordsfor all opening briefs, 12,500
`
`19
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 20 of 27 PagelD #: 242
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 20 of 27 PageID #: 242
`
`wordsforall answering briefs, and 6,250 wordsforall reply briefs. The
`
`text for each brief shall be 14-point and in Times New Roman or a
`
`similar typeface. Each briefmust includea certification by counsel that
`
`the brief complies with the type and numberlimitations set forth above.
`
`The person who preparesthe certification may rely on the word count
`
`of the word-processing system used to prepare thebrief.
`
`(d)
`
`Concise Statement of Facts Requirement. Any motion for
`
`summary judgment shall be accompanied by a separate concise
`
`statement detailing each material fact as to which the moving party
`
`contends that there are no genuine issues to be tried that are essential
`
`for the Court’s determination ofthe summary judgment motion (not the
`
`entire case).! A party must submit a separate concise statement of facts
`
`for each summary judgment motion. Any party who opposes the
`
`motion shall file and serve with its opposing papers a separate
`
`documentcontaining a single concise statement that admits or disputes
`
`the facts set forth in the moving party’s concise statement, as well as
`
`sets forth all material facts as to which it is contended there exists a
`
`genuine issue necessary to belitigated.
`
`' The party must detail each material fact in its concise statement of facts. The
`concise statements of facts play an important gatekeeping role in the Court’s
`consideration of summary judgment motions.
`
`20
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 21 of 27 PagelD #: 243
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 21 of 27 PageID #: 243
`
`(e)
`
`Focus of the Concise Statement. When preparing the separate
`
`concise statement, a party shall reference only the material facts that
`
`are absolutely necessary for the Court to determine the limited issues
`
`presented in the motion for summary judgment (and no others), and
`
`each reference shall contain a citation to a particular affidavit,
`
`deposition, or other documentthat supports the party’s interpretation of
`
`the material fact. Documents referenced in the concise statement may,
`
`but need not, be filed in their entirety if a party concludesthat the full
`
`context would be helpful to the Court (e.g., a deposition miniscript with
`
`an index stating what pages may contain key words may often be
`
`useful). The concise statement shall particularly identify the page and
`
`portion ofthe page ofthe documentreferenced. The documentreferred
`
`to shall have relevant portions highlighted or otherwise emphasized.
`
`The parties may extract and highlight the relevant portions of each
`
`referenced document, but they shall ensure that enough of a document
`
`is attached to put the matter in context. If a party determines that an
`
`entire deposition transcript should be submitted,
`
`the party should
`
`consider whether a miniscript would be preferable to a full-size
`
`transcript.
`
`If an entire miniscript is submitted, the index of terms
`
`appearing in the transcript must beincluded, if it exists. When multiple
`
`21
`
`IPR2021-00663
`ANCORA EX2001
`
`IPR2021-00663
`ANCORA EX2001
`
`
`
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 22 of 27 PagelD #: 244
`Case 1:19-cv-01703-CFC-SRF Document 24 Filed 09/16/20 Page 22 of 27 PageID #: 244
`
`pages from a single documentare submitted, the pages shall be grouped
`
`in a single exhibit. Concise stateme
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
