Nuance Communications, Inc. v. Abbyy Software House et al

Filing 667

ORDER GRANTING 666 STIPULATION REGARDING PRETRIAL CASE SCHEDULE. Signed by Judge Jeffrey S. White on 5/10/13. (jjoS, COURT STAFF) (Filed on 5/10/2013)

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M. CRAIG TYLER, Pro Hac Vice
[e-mail]
ABRAHAM DELAO, Pro Hac Vice
[e-mail]
HENRY PAN, Pro Hac Vice
[e-mail]
WILSON SONSINI GOODRICH &
ROSATI
Professional Corporation
900 South Capital of Texas Highway
Las Cimas IV, Fifth Floor
Austin, Texas 78746-5546
Telephone: [phone]
Facsimile: 512.338.5499

JAMES P. BENNETT (CA SBN 65179)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
BROOKS M. BEARD (CA SBN 181271)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522

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JAMES C. YOON (CA SBN 177155)
[e-mail]
CHRISTOPHER P. GREWE (CA SBN
245938)
[e-mail]
WILSON SONSINI GOODRICH &
ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304-1050
Telephone: [phone]
Facsimile: 650.565.5100
Attorneys for Plaintiff
Nuance Communications, Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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NUANCE COMMUNICATIONS, INC.,

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Plaintiff,
v.

Case No.

C 08-02912 JSW MEJ

STIPULATION AND
[PROPOSED] ORDER
REGARDING PRETRIAL CASE
SCHEDULE

ABBYY USA SOFTWARE HOUSE, INC., a
California corporation, ABBYY SOFTWARE,
LTD., a Cyprus corporation, ABBYY
PRODUCTION, LLC, a Russian corporation, and
LEXMARK INTERNATIONAL, INC., a
Delaware corporation,
Defendants.

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE SCHEDULE
3:08-cv-02912 JSW (MEJ)
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Pursuant to Civil L.R. 6-2, Plaintiff Nuance Communications, Inc. (“Nuance”), and

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Defendants ABBYY Software House, Inc., ABBYY Software, Ltd., ABBY Production, LLC, and

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Lexmark International, Inc. (collectively, “Defendants”) file this joint stipulation regarding the

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schedule for certain pretrial exchanges, filings, and evidentiary motions.

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WHEREAS, the Court’s April 2, 2013 Order Setting Schedule (“Scheduling Order”) (Dkt.

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No. 649) set the Pretrial Conference for July 22, 2013, at 2:00 p.m., Jury Selection for August 7,

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2013, at 8:00 a.m., and Trial for August 12, 2013, at 8:00 a.m;

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WHEREAS, the Court’s Guidelines for Trial and Final Pretrial Conference in Civil Jury
Cases, paragraphs 1-3 (“Guidelines”), set forth deadlines and requirements for certain pretrial
filings and evidentiary motions;

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WHEREAS, to aid efficient and cooperative trial preparation, the parties wish to propose

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additional and adjusted dates consistent with the Court’s Scheduling Order and Guidelines; and

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WHEREAS, the adjusted dates do not extend any deadline beyond those dates currently

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set by the Court.

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NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed to by and between the
parties, through their respective counsel, that the following pretrial schedule shall be adopted:

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Task

Due Date

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Last day for Nuance to serve (but not file) draft proposals for the joint
filings set forth in the Court’s Guidelines, including:

June 4, 2013

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(1) proposed Joint Final Pretrial Order (only items required by
paragraph 1(i)-(iv));

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(2) proposed jury instructions on substantive issues of law
(paragraph 2(a));

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(3) proposed statement of the case (paragraph 2(c));

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(4) proposed voir dire questions (paragraph 2(d)); and

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(5) proposed special verdict forms (paragraph 2(j)).

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE SCHEDULE
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Task

Due Date

Last day to serve (but not file):

June 11, 2013

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1) a list of exhibits to be used at trial other than solely for
impeachment or rebuttal;

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2) all summaries, charts, and diagrams to be used as evidence at
trial other than solely for impeachment or rebuttal;

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3) lists of witnesses to be called at trial other than solely for
impeachment or rebuttal;
4) excerpts of deposition testimony and other discovery to be
offered at trial other than solely for impeachment or rebuttal;

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5) excerpts of responses to interrogatories and requests for
admissions to be offered at trial other than solely for
impeachment or rebuttal; and

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6) proposed certified translations.

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Evidence or testimony “other than solely for impeachment or rebuttal”
shall mean evidence or testimony that a party reasonably anticipates
introducing at trial, including any evidence a party reasonably
anticipates relying on in opposing claims of infringement or invalidity,
such as evidence or testimony relating to non-infringement or
secondary indicia of non-obviousness.
“Summaries, charts, and diagrams to be used as evidence at trial” shall
not include demonstratives that will not be introduced into evidence.
Last day to file administrative motion to increase number of motions
in limine under paragraph 2(i) of the Court’s Guidelines.

June 18, 2013

Last day for Defendants to serve (but not file) written responses and
additions to the draft proposals for the joint filings set forth in the
Court’s Guidelines (served by Nuance on June 4, 2013), including:

June 18, 2013

(1) proposed Joint Final Pretrial Order (only items required by
paragraph 1(i)-(iv));
(2) proposed jury instructions on substantive issues of law
(paragraph 2(a));
(3) proposed statement of the case (paragraph 2(c));

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(4) proposed voir dire questions (paragraph 2(d)); and

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(5) proposed special verdict forms (paragraph 2(j)).

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE SCHEDULE
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Task

Due Date

Last day to serve (but not file):

June 25, 2013

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1) motions in limine;

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2) objections to exhibits, deposition designations, and
designations of other discovery;

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3) counter-designations of deposition testimony; and
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4) objections to proposed certified translations and alternative
proposed translations.

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In-person meet and confer.

June 30, 2013

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Last day to serve (but not file) objections to counter-designations of
deposition testimony.

July 1, 2013

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Last day to serve (but not file) oppositions to motions in limine.

July 2, 2013

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Last day to serve (but not file) memoranda of law addressing disputed
jury instructions.

July 2, 2013

Last day to meet requirements under paragraphs 1-3 of the Court’s
Guidelines, which includes filing:

July 3, 2013

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1) proposed Joint Final Pretrial Order (paragraph 1);

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2) proposed jury instructions on substantive issues of law
(paragraph 2(a));

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3) statement of the case (paragraph 2(c));

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4) proposed voir dire questions (paragraph 2(d));

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5) trial brief on controlling issues of law (paragraph 2(e));

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6) excerpts of deposition designations that are to be used
in a party’s case-in-chief as to which there are
objections, including the basis for the objection and
response thereto (paragraph 2(f));

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7) excerpts of responses to interrogatories and requests for
admissions that are to be used in a party’s case-in-chief
as to which there are objections, including the basis for
the objection and response thereto (paragraph 2(g));

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8) list of objections to each exhibit in tabular form
(paragraph 2(h));

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9) proposed special verdict forms (paragraph 2(j)); and

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10) all in limine briefing.

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE SCHEDULE
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Task

Due Date

File joint report regarding unresolved translation issues, including
competing translation and supporting reasons.

July 3, 2013

IT IS SO STIPULATED.

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Dated: May 9, 2013

MORRISON & FOERSTER LLP

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By:

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/s/ Brooks M. Beard
BROOKS M. BEARD
Attorneys for Plaintiff
NUANCE COMMUNICATIONS,
INC.

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Dated: May 9, 2013

FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP

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By:

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/s/ John Williamson
John Williamson
Attorneys for Defendants
ABBYY USA SOFTWARE HOUSE,
INC., ABBYY SOFTWARE, LTD.,
ABBYY PRODUCTION, LLC, and
LEXMARK INTERNATIONAL, INC.

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE SCHEDULE
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ORDER
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Based on the foregoing stipulation, it is so ORDERED.

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Dated:

May 10, 2013

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The Honorable Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE PRETRIAL CASE SCHEDULE
3:08-cv-02912 JSW (MEJ)
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