ALTERA CORPORATION v. PACT XPP TECHNOLOGIES, AG, 14-cv-02868-JD. (2014)
Court: District Court, N.D. California
Number: infdco20141106978
Visitors: 9
Filed: Nov. 05, 2014
Latest Update: Nov. 05, 2014
Summary: CASE MANAGEMENT AND SCHEDULING ORDER JAMES DONATO, District Judge. A case management conference was held on November 5, 2014. The Court orders the following pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10: 1. Interrogatories. The parties will each be limited to twenty-five interrogatories. 2. RFAs. The parties will each be limited to thirty requests for admission. 3. Depositions. The parties may depose up to ten party witnesses and eight third-party witnesses
Summary: CASE MANAGEMENT AND SCHEDULING ORDER JAMES DONATO, District Judge. A case management conference was held on November 5, 2014. The Court orders the following pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10: 1. Interrogatories. The parties will each be limited to twenty-five interrogatories. 2. RFAs. The parties will each be limited to thirty requests for admission. 3. Depositions. The parties may depose up to ten party witnesses and eight third-party witnesses...
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CASE MANAGEMENT AND SCHEDULING ORDER
JAMES DONATO, District Judge.
A case management conference was held on November 5, 2014. The Court orders the following pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10:
1. Interrogatories. The parties will each be limited to twenty-five interrogatories.
2. RFAs. The parties will each be limited to thirty requests for admission.
3. Depositions. The parties may depose up to ten party witnesses and eight third-party witnesses.
4. Narrowing issues for trial. As the case progresses, the parties will limit their asserted claims and prior art references or obviousness combinations as follows:
a. Forty days after infringement contentions are due — on December 29, 2014 — PACT will limit the number of asserted claims per patent to ten or less, and the total number of asserted claims to thirty or less. PACT will file a Preliminary Election of Asserted Claims listing the remaining asserted claims.
b. Fifty-four days after infringement contentions are due — on January 12, 2015 — Altera will limit the number of asserted prior art references and obviousness combinations per patent to thirty or less, and the total number of asserted prior art references and obviousness combinations to ninety or less. Altera will file a Preliminary Election of Asserted Prior Art listing the remaining prior art references and obviousness combinations.
c. Twenty-eight days after the claim construction order issues, PACT will limit the number of asserted claims per patent to five or less, and the total number of asserted claims to fifteen or less. PACT will file a Final Election of Asserted Claims listing the remaining asserted claims.
d. Forty-two days after the claim construction order issues, Altera will limit the number of asserted prior art references and obviousness combinations per patent to fifteen or less, and the total number of asserted prior art references and obviousness combinations to forty-five. Altera will file a Final Election of Asserted Prior Art listing the remaining prior art references and obviousness combinations.
e. Further reductions may be ordered as trial approaches. A party may request modification of these limits, but must provide specific reasons and show good cause in order to do so.
5. Case schedule. The Court sets the following case schedule:
Event Date
Last day to serve Disclosure of Asserted Claims and 11/19/14
Infringement Contentions for PACT patents-in-suit and produce
documents (Patent L.R. 3-1, 3-2)
Last day to file and serve amendments to the pleadings 11/25/14
Last day to serve Invalidity Contentions and produce documents 01/05/14
(Patent L.R. 3-3, 3-4)
Last day for parties to exchange proposed terms for construction 01/19/15
(Patent L.R. 4-1)
Last day for parties to exchange preliminary claim constructions 02/09/15
and extrinsic evidence (Patent L.R. 4-2)
Last day for parties to file Joint Claim Construction and 03/06/15
Prehearing Statement (Patent L.R. 4-3)
Last day to complete claim construction discovery (Patent L.R. 04/06/15
4-4)
Last day for PACT to file opening claim construction brief 04/20/15
(Patent L.R. 4-5)
Last day for Altera to file responsive claim construction brief 05/04/15
(Patent L.R. 4-5)
Last day for PACT to file reply claim construction brief (Patent 05/11/15
L.R. 4-5)
Last day to file Final Joint Claim Construction Statement 05/11/15
(Standing Order for Patent Cases ¶ 6)
Technical tutorial (Standing Order for Patent Cases ¶ 7) 05/08/15 2:00 p.m. (45
minutes per side)
Claim construction hearing (Patent L.R. 4-6, Standing Order for 05/21/15 2:00 p.m. (90
Patent Cases ¶ 13) minutes per side)
Last day to disclose advice of counsel (Patent L.R. 3-7) 50 days after claim
construction ruling
Fact discovery cut-off 07/20/15
Last day to disclose experts and exchange opening expert reports 08/10/15
Last day to exchange rebuttal expert reports 08/24/15
Expert discovery cut-off 09/07/15
Last day to file dispositive motions 09/16/15
Pre-trial conference 11/25/15 3 p.m.
Jury Trial 12/14/15 9 a.m.
All dates set by the Court should be regarded as firm. Counsel may not modify these dates by stipulation without leave of court. Requests for continuances are disfavored, and scheduling conflicts that are created subsequent to the date of this order by any party, counsel or party-controlled expert or witness will not be considered good cause for a continuance. Sanctions may issue for a failure to obey a scheduling or other pretrial order. See Fed. R. Civ. P. 16(f)(1)(C). The parties should review and comply with the Court's Standing Order for Civil Cases, Standing Order for Discovery in Civil Cases, and Standing Order for Civil Trials.
IT IS SO ORDERED.
Source: Leagle
