Pixion, Inc. v. Citrix Systems, Inc.

Filing 63

ORDER Further Case Management Conference set for 5/6/2011 03:00 PM. Markman hearing set for 8/5/2011 03:30 PM. Tutorial Hearing set for 8/4/2011 03:30 PM. (tf, COURT STAFF) (Filed on 12/20/2010)

Pixion, Inc. v. Citrix Systems, Inc.

Doc. 63

1 ROBERT J. YORIO (SBN 93178) [e-mail] 2 COLBY B. SPRINGER (SBN 214868) [e-mail] 3 CHRISTINE S. WATSON (SBN 218006) [e-mail] 4 CARR & FERRELL LLP 120 Constitution Drive 5 Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff and Counterdefendant PIXION, INC. 8 9 10 11 12 13 14 15 16 PIXION, INC., 17 18 v. Plaintiff,

TERRY W. AHEARN (SBN 216543) [e-mail] McDERMOTT WILL & EMERY LLP 275 Middlefield Rd., Suite 100 Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] SARAH CHAPIN COLUMBIA (Pro Hac Vice) [e-mail] LEIGH MARTINSON (Pro Hac Vice) [e-mail] McDERMOTT WILL & EMERY LLP 28 State Street, 34th floor Boston, Massachusetts 02109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and Counterclaimants CITRIX SYSTEMS, INC., and CITRIX ONLINE, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE NO. C09-03496-SI (PVT-CRB) (RELATED CASE NO. C03-02909-SI) [PROPOSED] SCHEDULING ORDER

19 CITRIX SYSTEMS, INC., et al., 20 21 22 23 24 Plaintiff Pixion, Inc. ("Pixion") and Defendants Citrix Systems, Inc. and Citrix Online, LLC Defendants. AND RELATED COUNTERCLAIMS

25 (collectively referred to as "Citrix") hereby submit the following Scheduling Order governing this 26 matter up to and including claim construction. Pixion and Citrix are collectively referred to herein 27 as the "Parties." 28 -1[Proposed] Scheduling Order (Case No. C09-03496 SI)
Dockets.Justia.com

1 Dated: December 13, 2010 2 3 4 5 6 7 8 9 Dated: December 13, 2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Dated: December 13, 2010 27 28

CARR & FERRELL LLP

By: _____/s/ Colby B. Springer____ ROBERT J. YORIO COLBY B. SPRINGER CHRISTINE S. WATSON Attorneys for Plaintiff and Counterdefendant PIXION, INC.

MCDERMOTT WILL & EMERY LLP

By:/s/ Terry Ahearn TERRY W. AHEARN FAY E. MORISSEAU SARAH COLUMBIA LEIGH MARTINSON Attorneys for Defendants and Counterclaimants CITRIX SYSTEMS, INC., and CITRIX ONLINE, LLC

SIGNATURE ATTESTATION Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the concurrence in the filing of this document from all the signatories for whom a signature is indicated by a "conformed" signature (/s/) within this e-filed document and I have on file records to support this concurrence for subsequent production for the court if so ordered or for inspection upon request. ___/s/ Colby B. Springer Colby B. Springer

-2[Proposed] Scheduling Order (Case No. C09-03496 SI)

1 2

[PROPOSED] SCHEDULING ORDER IT IS HEREBY ORDERED that the following SCHEDULING ORDER is adopted by the

3 Court for the case and that the Parties are directed to comply with this Order: 4 Deadline 5 December 17, 2010 6 January 6, 2011 7 January 20, 2011 8 9 March 10, 2011 10 11 March 24, 2011 12 April 14, 2011 13 14 May 6, 2011 15 May 12, 2011 16 June 9, 2011 17 June 30, 2011 18 19 July 14, 2011 20 21 July 21, 2011 22 23 August 4, 2011 24 August 5, 2011 25 TBD 26 TBD 27 28 -3[Proposed] Scheduling Order (Case No. C09-03496 SI) Nature of Discovery/Event Last day for Pixion to file Amended Complaint. Last day for Citrix to respond to Pixion's Amended Complaint. Pixion to serve "Disclosure of Asserted Claims and Infringement Contentions" with Document Production (PLR 3-1 & 3-2). Citrix to serve "Invalidity Contentions" with Document Production (PLR 3-3 & 3-4). Mutual Exchange of Claim Terms for Construction (PLR 4-1(a)). Exchange Proposed Constructions for Each Term identified by the Parties, including Intrinsic and Extrinsic Evidence Supporting each Construction (PLR 4-2). Further Case Management Conference Parties file Joint Claim Construction & Prehearing Statement (PLR 4-3). Claim Construction Discovery Completed (PLR 4-4). Pixion to file and serve Opening Brief with supporting evidence re claim construction (PLR 4-5(a)). Citrix to file and serve Responsive Brief with supporting evidence regarding claim construction (PLR 4-5(b)). Pixion to file and serve Reply Brief with supporting evidence regarding claim construction (PLR 4-5(c)). Claim Construction Tutorial, if requested by the Court. Claim Construction Hearing (PLR 4-6). Fact Discovery on Damages opens. Fact Discovery closes on all issues, including Damages. All fact discovery shall be initiated so as to be complete on or before this date.

1 75 Days after Claim Construction Order: 2 3 105 Days after Claim Construction Order: 4 5 145 Days after Claim Construction Order: 6 7 170 Days after Claim Construction Order: 8 9 45 Days after Expert Discovery Closes: 10 11 TBD 12 TBD 13 14 TBD 15 TBD 16 TBD 17 18 TBD 19 TBD 20 TBD 21 22 IT IS SO ORDERED. 23 24 25 26 27 28

Designation of Experts

Expert Reports Exchanged (on any matter on which a party bears the burden of proof). Responsive Expert Reports Exchanged.

Expert Discovery Completed.

Last Day to File Dispositive Motions.

Pretrial Conference File Joint Pretrial Conference Statement and Pretrial Disclosures (identification of witnesses, deposition designations and proposed trial exhibits) File and Serve Objections to Pretrial Disclosures Deadline to File Motions In Limine Deadline to File and Serve Proposed Voir Dire, Proposed Jury Instructions, Proposed Verdict Forms, Joint Proposed Findings of Fact and Separate Disputed Findings of Fact and Conclusions of Law Deadline to Serve Subpoenas for Attendance at Trial Final Pretrial Conference Proposed Trial Date (expected to last 10-15 court days).

Dated: __________________

____________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

-4[Proposed] Scheduling Order (Case No. C09-03496 SI)