Filed: Mar. 02, 2016
Latest Update: Mar. 02, 2016
Summary: [PROPOSED] STIPULATED CASE MANAGEMENT ORDER GEORGE FOLEY, Jr. , Magistrate Judge . Plaintiff/Counterclaim Defendant IGT ("IGT"), Defendant/Counterclaim Plaintiff Aristocrat Technologies, Inc. ("ATI"), and Counterclaim Plaintiffs Aristocrat Technologies Australia Pty Ltd. and Aristocrat International Pty Ltd. (together with ATI, "Aristocrat") submit this proposed case management order pursuant to the Court's Order of February 9, 2016, Dkt. No. 98. I. NUMBER OF PATENTS PER SIDE The p
Summary: [PROPOSED] STIPULATED CASE MANAGEMENT ORDER GEORGE FOLEY, Jr. , Magistrate Judge . Plaintiff/Counterclaim Defendant IGT ("IGT"), Defendant/Counterclaim Plaintiff Aristocrat Technologies, Inc. ("ATI"), and Counterclaim Plaintiffs Aristocrat Technologies Australia Pty Ltd. and Aristocrat International Pty Ltd. (together with ATI, "Aristocrat") submit this proposed case management order pursuant to the Court's Order of February 9, 2016, Dkt. No. 98. I. NUMBER OF PATENTS PER SIDE The pa..
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[PROPOSED] STIPULATED CASE MANAGEMENT ORDER
GEORGE FOLEY, Jr., Magistrate Judge.
Plaintiff/Counterclaim Defendant IGT ("IGT"), Defendant/Counterclaim Plaintiff Aristocrat Technologies, Inc. ("ATI"), and Counterclaim Plaintiffs Aristocrat Technologies Australia Pty Ltd. and Aristocrat International Pty Ltd. (together with ATI, "Aristocrat") submit this proposed case management order pursuant to the Court's Order of February 9, 2016, Dkt. No. 98.
I. NUMBER OF PATENTS PER SIDE
The parties agree that IGT may assert five patents and Aristocrat may assert four patents in the first phase.
II. IGT'S COUNTERCLAIMS
The parties agree that IGT may pursue its counterclaims for breach of contract and conversion as part of the first phase (subject to Aristocrat's pending motion to dismiss (Dkt. No. 101)).
III. STAY PENDING IPR
The parties agree that, in the event IGT chooses to include one or more of the four Kaminkow patents in the first phase, Aristocrat may move to stay IGT's claims concerning infringement of those patents pending the outcome of IPR proceedings. IGT can oppose the motion in due course. In the event that the Court grants Aristocrat's motion to stay and the PTO institutes IPR on the Kaminkow patent(s) that IGT selects for the first phase,1 IGT will be permitted to substitute up to two of those Kaminkow patents with either (i) Kaminkow patents for which the PTO does not institute IPR (and which IGT does not initially select for the first phase), or (ii) non-Kaminkow patents. If IGT wishes to substitute different Kaminkow patents, IGT will wait until after the PTO issues its institution decision on those patents before making the substitution.
The parties further agree that, with the exception of the motion to stay the Kaminkow patents noted above, neither party will move to stay any other patent chosen for the first phase pending the outcome of IPR proceedings.
IV. SUBSTITUTION OF PATENTS
The parties agree that, aside from the substitution mechanism for the Kaminkow patents outlined above, either party may move to substitute a first-phase patent upon a showing of good cause.
V. PROPOSED SCHEDULE
The parties propose the following schedule for the first phase of the case:
Event Proposed Deadline
Court enters this case management Order 3/1/16
Parties identify the patents they will assert in first 7 days after filing of case
phase management order:
3/4/16
Initial infringement contentions pursuant to L.R. 16.1-6 7 days after identification of first-phase
for any patent included in the first wave for which patents:
initial infringement contentions have not yet been 3/11/16
completed (not including the items required by L.R.
16.1-6(g))
(This date will not be included in the schedule if
neither party selects for the first phase a patent for
which initial infringement contentions have not yet
been completed.)
Initial non-infringement and invalidity contentions 45 days after service of initial
pursuant to L.R. 16.1-8 for any patent included in the infringement contentions for any new
first wave for which initial non-infringement and patents:
invalidity contentions have not yet been completed 4/25/16
(This date will not be included in the schedule if
neither party selects for the first phase a patent for
which initial non-infringement and invalidity
contentions have not yet been completed.)
Responses to non-infringement and invalidity 14 days after initial non-infringement
contentions for all patents in first phase (L.R. 16.1-10) and invalidity contentions for any
new patents:
5/9/16
(In the event that neither party selects
for the first phase a patent for which
initial contentions have not yet been
completed, this deadline will be 14
days after identification of the first-phase
patents: 3/18/16)
Pre-claim construction settlement conference (L.R. Within 30 days after completion of
16.1-19) all Contentions (or at the Court's
convenience)
Exchange of proposed terms for claim construction 14 days after response contentions:
for patents in first phase (L.R. 16.1-13) 5/23/16
Or 4/1/16 if neither party selects for
the first phase a patent for which
initial contentions have not yet been
completed.
Exchange of preliminary claim constructions and 35 days after exchange of proposed
extrinsic evidence for patents in first phase (L.R. 16.1-14) terms for claim construction:
14) 6/27/16
Or 5/6/16 if neither party selects for
the first phase a patent for which
initial contentions have not yet been
completed.
Joint claim construction and pre-hearing statement for 28 days after exchange of
patents in first phase (L.R. 16.1-15) preliminary claim constructions and
extrinsic evidence:
7/25/16
Or 6/3/16 if neither party selects for
the first phase a patent for which
initial contentions have not yet been
completed.
Opening claim construction briefs for patents in first 30 days after joint claim construction
phase (L.R. 16.1-16) and pre-hearing statement:
8/24/16
Or 7/5/16 if neither party selects for
the first phase a patent for which
initial contentions have not yet been
completed.
Claim construction response briefs for patents in first 30 days after opening claim
phase (L.R. 16.1-16) construction briefs:
9/23/16
Or 8/4/16 if neither party selects for
the first phase a patent for which
initial contentions have not yet been
completed.
Claim construction reply briefs for patents in first 21 days after claim construction
phase (L.R. 16.1-16) response briefs:
10/14/16
Or 8/25/16 if neither party selects for
the first phase a patent for which
initial contentions have not yet been
completed.
Post-claim construction settlement conference (L.R. Within 30 days after claim
16.1-19) construction ruling (or at the Court's
convenience)
Identification of products that practice the patents and 30 days after Markman ruling
accompanying document production for patents in
first phase (L.R. 16.1-6(g) and 7(e))
Interim status report (L.R. 26-3) 60 days after Markman ruling
Close of fact discovery for patents in first phase (L.R. 120 days after Markman ruling
26-1(e)(1))
Opening expert reports for patents in first phase (L.R. 30 days after close of fact discovery
26-1(e)(3))
Rebuttal expert reports for patents in first phase 30 days after opening expert reports
Reply expert reports for patents in first phase 15 days after rebuttal expert reports
Close of expert discovery for patents in first phase 100 days after close of fact discovery
Filing of dispositive motions for patents in first phase 30 days after close of expert
(L.R. 26-1(e)(4)) discovery
Pretrial Order for first phase (L.R. 26-1(e)(5)) 60 days after ruling on dispositive
motions (or 60 days after close of
expert discovery if no dispositive
motions are filed)
Pretrial Settlement Conference (L.R. 16.1-19) Within 30 days of filing of pretrial
order
In the event that either party is permitted to substitute patents for the first phase, the parties will meet and confer in a good-faith effort to agree on a schedule for the substituted patents. The foregoing does not preclude a party from opposing substitution based on lack of good cause, including that the proposed substitution would delay the existing schedule.
IT IS SO ORDERED.
