Filed: May 15, 2014
Latest Update: May 15, 2014
Summary: CASE MANAGEMENT SCHEDULING ORDER RICHARD SEEBORG, District Judge. Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a Case Management Conference on May 15, 2014. After considering the Joint Case Management Statement submitted by the parties and consulting with the attorneys of record for the parties and good cause appearing, IT IS HEREBY ORDERED THAT: 1. DISCOVERY. The parties' stipulations concerning discovery of electronically stored information and limit
Summary: CASE MANAGEMENT SCHEDULING ORDER RICHARD SEEBORG, District Judge. Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a Case Management Conference on May 15, 2014. After considering the Joint Case Management Statement submitted by the parties and consulting with the attorneys of record for the parties and good cause appearing, IT IS HEREBY ORDERED THAT: 1. DISCOVERY. The parties' stipulations concerning discovery of electronically stored information and limits..
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CASE MANAGEMENT SCHEDULING ORDER
RICHARD SEEBORG, District Judge.
Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a Case Management Conference on May 15, 2014. After considering the Joint Case Management Statement submitted by the parties and consulting with the attorneys of record for the parties and good cause appearing, IT IS HEREBY ORDERED THAT:
1. DISCOVERY.
The parties' stipulations concerning discovery of electronically stored information and limits on discovery set forth in the Joint Case Management Statement filed May 8, 2014 (Dkt. No. 41), are hereby incorporated by reference. As agreed to by the parties, the case will be governed by the Federal Circuit's Model e-Discovery order.
2. DISCOVERY DISPUTES.
Discovery disputes will be referred to a Magistrate Judge. After the parties have met and conferred, the parties shall prepare a joint letter of not more than 8 pages explaining the dispute. Up to 12 pages of attachments may be added. The joint letter must be electronically filed under the Civil Events category of "Motions and Related Filings >Motions—General > Discovery Letter Brief." The Magistrate Judge to whom the matter is assigned will advise the parties of how that Judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal briefing, or set a telephone conference or a hearing. After a Magistrate Judge has been assigned, all further discovery matters shall be filed pursuant to that Judge's procedures.
3. CLAIM CONSTRUCTION AND FURTHER SCHEDULING. A technology tutorial shall be held on November 21, 2014 at 10:00 a.m. A Markman hearing will be held on December 5, 2014 at 10:00 a.m. Both proceedings will be held in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.
The case will proceed through claim construction as follows:
Proposed Date Event
May 6, 2014 Last day for the parties to exchange their Rule 26(a)(1) Initial
Disclosures
May 29, 2014 Last day for Symantec to serve Infringement Contentions and
comply with Patent L.R. 3-1 and 3-2
June 23, 2014 Last day for RPost Holdings and RPost Communications
Limited to answer or otherwise respond to complaint
June 23, 2014 Last day for RPost to serve Infringement Contentions and
comply with Patent L.R. 3-1 and 3-2, if RPost asserts
infringement
July 7, 2014 Last day to amend pleadings as a matter of right
July 7, 2014 Last day for Symantec to serve Invalidity Contentions and
comply with Patent L.R. 3-3 and 3-4
July 11, 2014 Last day for RPost to serve Invalidity Contentions and comply
with Patent L.R. 3-3 and 3-4
July 25, 2014 Last day for simultaneous exchange of proposed terms and
claim elements for construction and comply with Patent L.R.
4-1 for all patents-in-suit
August 1, 2014 Last day for the parties to meet and confer regarding the
proposed terms for all patents-in-suit
August 15, 2014 Last day for parties to exchange Proposed Claim Constructions
and provide preliminary identification of extrinsic evidence
and comply with Patent L.R. 4-2 for all patents-in-suit
September 2, 2014 Last day for parties to meet and confer regarding narrowing
issues and finalizing preparation of Joint Claim Construction
and Prehearing Statement for all patents-in-suit
September 9, 2014 Last day for parties to file Joint Claim Construction and Pre-hearing
Statement and comply with Patent L.R. 4-3 for all
patents-in-suit
October 9, 2014 Last day to take discovery relating to claim construction and
comply with Patent L.R. 4-4 for all patents-in-suit
October 24, 2014 Last day for Symantec to file opening claim construction brief
and supporting evidence and comply with Patent L.R. 4-5(a)
for `686 patent
October 24, 2014 Last day for RPost to file opening claim construction brief and
supporting evidence and comply with Patent L.R. 4-5(a) for
RPost patents-in-suit
November 7, 2014 Last day for Symantec to file response claim construction brief
and supporting evidence and comply with Patent L.R. 4-5(b)
for RPost patents-in-suit
November 7, 2014 Last day for RPost to file response claim construction brief and
supporting evidence and comply with Patent L.R. 4-5(b) for
`686 patent
November 14, 2014 Last day for Symantec to file reply claim construction brief
and rebuttal evidence and comply with Patent L.R. 4-5(c) for
`686 patent
November 14, 2014 Last day for RPost to file reply claim construction brief and
rebuttal evidence and comply with Patent L.R. 4-5(c) for RPost
patents-in-suit
November 21, 2014 Technology Tutorial for the Court and Claim Construction
Prehearing Conference
December 5, 2014 Claim Construction Hearing pursuant to Patent L.R. 4-6
IT IS SO ORDERED.
