Filed: Jun. 22, 2017
Latest Update: Jun. 22, 2017
Summary: JOINT STIPULATION TO AMEND CASE SCHEDULE (DKT. 104) AND ORDER VINCE CHHABRIA , District Judge . Plaintiff Vir2us, Inc. ("Vir2us") and Defendants Cisco Systems, Inc. and Sourcefire LLC ("Defendants"), after consultation with the Court, hereby stipulate and agree that—with the exception of Defendants' supplemental response to Plaintiff's Interrogatory No. 4, Defendants' agreed 1 supplemental production and identification of documents required by Patent Local Rule 3-4(d), and the parties' exc
Summary: JOINT STIPULATION TO AMEND CASE SCHEDULE (DKT. 104) AND ORDER VINCE CHHABRIA , District Judge . Plaintiff Vir2us, Inc. ("Vir2us") and Defendants Cisco Systems, Inc. and Sourcefire LLC ("Defendants"), after consultation with the Court, hereby stipulate and agree that—with the exception of Defendants' supplemental response to Plaintiff's Interrogatory No. 4, Defendants' agreed 1 supplemental production and identification of documents required by Patent Local Rule 3-4(d), and the parties' exch..
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JOINT STIPULATION TO AMEND CASE SCHEDULE (DKT. 104) AND ORDER
VINCE CHHABRIA, District Judge.
Plaintiff Vir2us, Inc. ("Vir2us") and Defendants Cisco Systems, Inc. and Sourcefire LLC ("Defendants"), after consultation with the Court, hereby stipulate and agree that—with the exception of Defendants' supplemental response to Plaintiff's Interrogatory No. 4, Defendants' agreed1 supplemental production and identification of documents required by Patent Local Rule 3-4(d), and the parties' exchange of damages contentions pursuant to Patent Local Rule 3-8 and 3-9 (collectively, the "Initial Damages Discovery Items")—all other damages-related discovery shall be rescheduled to commence after the Court issues its claim construction and dispositive motion ruling(s) (collectively, "Dispositive Rulings"). Defendants' supplemental response to Plaintiff's Interrogatory No. 4 and agreed supplemental production of documents required by Patent Local Rule 3-4(d) shall include (to the extent not already produced, but maintained in the ordinary course of business) units sold, sales, revenue, cost, and profit information for each Accused Product2 identified in Plaintiff's Patent Local Rule 3-1(b) disclosure and shall cover the time-period of 2010 to present.
The parties stipulate and agree that the following deadlines shall apply to the Initial Damages Discovery Items:
Event Deadline
Defendants' supplemental response to June 21, 2017
Plaintiff's Interrogatory No. 4 and
Defendants' agreed supplemental
production of documents required by Patent
Local Rule 3-4(d)
Vir2us's amended disclosure of damages July 14, 2017
contentions (P.L.R. 3-8)
Defendants' disclosure of responsive August 4, 2017
damages contentions (P.L.R. 3-9)
The parties further stipulate and agree that following the issuance of the last of the Court's Dispositive Rulings related to claim construction and/or dispositive motions heard at the currently scheduled March 7, 2018 hearing, fact discovery relating only to damages issues shall recommence and last 60 days, to be followed by a 73-day period for expert discovery relating only to damages issues and then a 14-day period to file any Daubert motions related to damages issues. Accordingly, the following deadlines shall apply to the damages-related discovery period:
Event Deadline
Damages-related fact discovery ends 60 days after the Court issues its final
Dispositive Ruling
Vir2us's opening expert report on damages 10 days after damages-related fact discovery
ends
Defendants' rebuttal expert report on 28 days after Vir2us's opening expert report on
damages damages
Vir2us's reply expert report on damages 21 days after Defendants' rebuttal expert report
on damages
Damages expert discovery ends 14 days after Vir2us's reply expert report on
damages
Daubert motions on damages-related issues 14 days after close of damages expert
discovery
The foregoing has been stipulated and agreed to by and among the parties, this 20th day of June, 2017.
IT IS SO ORDERED:
ATTESTATION
Pursuant to Civil Local Rule 5-1, I hereby attest that I have obtained concurrence of the above noted signatories as indicated by a "conformed" signature (/s/) within this e-filed document. Dated: June 20, 2017.
