`
`Hon. Richard A. Jones
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`ANCORA TECHNOLOGIES, INC.,
`Plaintiff,
`
`v.
`HTC AMERICA, INC., et al.,
`Defendants.
`
`Case No. C16-1919RAJ
`
`ORDER SETTING
`PATENT CASE SCHEDULE
`
`Having considered the parties’ Joint Status Report (Dkt. #52), the Court enters the
`following case schedule:
`
`EVENT
`
`DATE
`
`Deadline to Join Additional Parties
`Plaintiff to serve Preliminary Infringement
`Contentions and Disclosure of Asserted
`Claims
`Defendant to serve Preliminary Non-
`Infringement and Invalidity Contentions and
`accompanying Document Production
`Parties to exchange Proposed Terms and
`Claim Elements for Construction
`
`Parties to exchange Preliminary Claim
`Constructions and Extrinsic Evidence
`
`Parties to file Joint Claim Chart and
`Prehearing Statement
`
`March 26, 2019
`
`March 26, 2019
`
`April 25, 2019
`
`May 15, 2019
`
`June 14, 2019
`
`July 29, 2019
`
`IPR2021-00663
`ANCORA EX2005
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`
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`Case 2:16-cv-01919-RAJ Document 56 Filed 03/11/19 Page 2 of 5
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`EVENT
`
`DATE
`
`Completion of Claim Construction Discovery September 17, 2019
`Parties to file Opening Claim Construction
`Briefs
`Parties to file Responsive Claim Construction
`Briefs
`
`September 23, 2019
`
`October 7, 2019
`
`Tutorial (if necessary)
`
`Claim Construction Hearing
`
`To be set by the Court
`
`To be set by the Court
`
`Reliance on Opinion of Counsel
`
`30 days after Claim Construction Order
`
`Close of Fact Discovery
`
`60 days after Claim Construction Order
`
`Parties to Exchange Initial Expert Reports
`
`90 days after Claim Construction Order
`
`Parties to Exchange Rebuttal Expert Reports
`
`120 days after Claim Construction Order
`
`Close of Expert Discovery
`Parties to File Case Dispositive Motions
`and/or Daubert Motions
`Pretrial Conference
`
`150 days after Claim Construction Order
`
`180 days after Claim Construction Order
`
`To be set by the Court
`
`To be set by the Court
`
`Trial
`
`
`These dates are set at the direction of the Court after reviewing the Joint Status
`
`Report submitted by the parties. All other dates are specified in the Local Civil Rules
`and/or Local Patent Rules. These are firm dates that can be changed only by order of
`the Court, not by agreement of counsel or the parties. The Court will alter these dates
`only upon good cause shown.
`
`
`ALTERATIONS TO ELECTRONIC FILING PROCEDURES
`Counsel are required to electronically file all documents with the Court. Pro se
`litigants may file either electronically or in paper form. Information and procedures for
`electronic filing can be found on the Western District of Washington’s website at
`www.wawd.uscourts.gov/ElectronicFiling/ECFHomepage.htm.
`
`IPR2021-00663
`ANCORA EX2005
`
`
`
`Case 2:16-cv-01919-RAJ Document 56 Filed 03/11/19 Page 3 of 5
`
`The following alterations to the Filing Procedures apply in all cases pending before
`Judge Jones:
`1. Mandatory chambers copies are required for all e-filed motions, responses,
`replies, and surreplies, and all supporting documentation relating to motions,
`regardless of page length.
`The paper copy of the documents (with tabs or other organizing aids as necessary)
`shall be delivered to the Clerk’s Office by 12:00 p.m. on the business day after filing. The
`chambers copy must be clearly marked with the words “Courtesy Copy of Electronic Filing
`for Chambers.” The parties are required to print all courtesy copies from CM/ECF using
`the “Include headers when displaying PDF documents” feature under “Document Options.”
`This requirement applies also to pleadings filed under seal.
`2.
`Searchable PDFs: All documents filed electronically must be submitted in PDF
`format to permit text searches and to facilitate transmission and retrieval. Before these
`documents are electronically filed, the CM/ECF User shall convert the documents to PDF
`format. These documents may not be scanned.
`
`
`EXHIBITS
`The original and one copy of any exhibits to be used at any claim construction
`
`hearing or trial are to be delivered to chambers no later than 4:00 p.m. three days before the
`hearing or trial. Each exhibit shall be clearly marked. Exhibit tags are available in the
`Clerk’s Office. The Court hereby sets forth the following procedure for numbering
`exhibits: Plaintiff’s exhibits shall be numbered consecutively beginning with 1.
`Defendant’s exhibits shall be numbered consecutively after Plaintiff’s exhibits using the
`next number sequence not used by Plaintiff (e.g., if Plaintiff has marked 150 exhibits,
`Defendant shall mark its exhibits beginning with 200) . Duplicate documents shall not be
`listed twice. Once a party has identified an exhibit, any party may use it. Each set of
`exhibits shall be submitted in a three-ring binder with appropriately numbered tabs.
`///
`///
`///
`
`IPR2021-00663
`ANCORA EX2005
`
`
`
`Case 2:16-cv-01919-RAJ Document 56 Filed 03/11/19 Page 4 of 5
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`SETTLEMENT
` Should this case settle, counsel shall notify Victoria Ericksen as soon as possible at
`
`(206) 370-8517. An attorney who fails to give the Court prompt notice of settlement may
`be subject to such discipline as the Court deems appropriate.
`
`
`
`
`DATED this 11th day March, 2019.
`
`A
`
`The Honorable Richard A. Jones
`United States District Judge
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`IPR2021-00663
`ANCORA EX2005
`
`
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`Case 2:16-cv-01919-RAJ Document 56 Filed 03/11/19 Page 5 of 5
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`Sample Joint Claim Chart
`
`
`Plaintiff’s Proposed Construction
`and Evidence in Support
`
`Defendant’s Proposed
`Construction and Evidence in
`Support
`
`Claim Language
`(Disputed Terms
`in Bold)
`‘123 Patent
`1. A method for
`mending fences
`
`[or]
`
`fences
`
`Found in claim
`numbers:
`
`‘123 Patent: y, z
`‘456 Patent: a, b
`
`
`
`fence
`
`Proposed Construction:
`A structure that keeps things out.
`
`Dictionary/Treatise Definitions:
`Merriam-Webster Dictionary (“a
`barrier intended to prevent . . .
`intrusion”).
`
`Intrinsic Evidence:
`‘123 Patent col ___:__ (“keeps stray
`animals out” ); Prosecution History
`at __ (“this method is more effective
`than the prior art in reinforcing the
`fence, and therefore in keeping out
`unwanted intruders”).
`
`Extrinsic Evidence:
`R. Frost Depo. at xx:xx (“Good
`fences make good neighbors”); ‘000
`Patent at col __:__; Vila Decl. at
`¶__.
`
`fence
`
`Proposed Construction:
`A structure that keeps things
`in.
`
`Dictionary/Treatise
`Definitions:
`Random House Dictionary (“a
`barrier enclosing or bordering
`a field, yard, etc.”).
`
`Intrinsic Evidence:
`‘123 Patent col:__ (“keeps
`young children from leaving
`the yard “); Prosecution
`History at __ (“dilapidated
`fences meant to pen in cattle
`are particularly amenable to
`this method”).
`
`Extrinsic Evidence:
`C. Porter Depo. at xx:xx
`(“Don’t fence me in” ); ‘111
`Patent at col __:__; Thomas
`Decl. at ¶__.
`
`
`(or similar format that provides side-by-side comparison)
`
`IPR2021-00663
`ANCORA EX2005
`
`