Rambus Inc v. Broadcom Corporation

Filing 65

CASE MANAGEMENT SCHEDULING ORDER. ORDER REFERRING CASE to Special Master. Referring Case to Private ADR. Further Case Management Conference set for 1/12/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Claims Construction Hearing set for 7/18/2012 10:00 AM. Tutorial Hearing set for 7/11/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/19/11. (cl, COURT STAFF) (Filed on 9/19/2011)

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*E-Filed 9/19/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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No. C 10-05437 RS

RAMBUS INC,
For the Northern District of California

United States District Court

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Plaintiff,
CASE MANAGEMENT
SCHEDULING ORDER

v.
BROADCOM CORP,

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Defendant.
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No. C 10-05446 RS

RAMBUS INC,
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Plaintiff,
v.
LSI Corporation,
Defendant.

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/
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No. C 10-05447 RS

RAMBUS INC,
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Plaintiff,

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v.
MEDIATEK INC.,
Defendant.
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RAMBUS INC,

No. C 10-5449 RS

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Plaintiff,
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v.
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STMICROELECTRONICS N.V.;
STMICROELECTRONICS INC.,
Defendants.

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a Case Management
Conference was held on August 4, 2010. This Order refers to management of issues relating to

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For the Northern District of California

United States District Court

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the Farmwald/Horowitz patents. In light of substantial disagreement, the parties were directed

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to meet and confer and submit an updated Joint Statement in the hopes that the parties could

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resolve some of their scheduling disputes. To the extent the parties were able to reach

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agreement on certain details, those are acceptable to the Court and need not be discussed here.

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The key disputes presented in the updated statement are resolved as follows:

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1.

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This matter is referred to private mediation. The parties shall promptly notify the Court

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whether the case is resolved.

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2.

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The Honorable Vaughn R. Walker (Ret.) is hereby designated Special Master for purposes of

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handling discovery disputes pursuant to 28 U.S.C. § 636(b)(2). Rambus shall pay 50% and

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defendants collectively shall pay 50% of the Special Master’s costs. Defendants may decide

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how to apportion their 50% share among themselves. The procedures for objecting to an order

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of the Special Master shall be the same as those that apply to a motion for relief from a

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nondispositive pretrial order of a magistrate judge set forth in Federal Rule of Civil Procedure

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72(a) and Civil Local Rule 72-2.

ALTERNATIVE DISPUTE RESOLUTION.

APPOINTMENT OF SPECIAL MASTER.

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CASE MANAGEMENT SCHEDULING ORDER
No. C 10-5437
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3.

INDEX.

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The parties are directed to meet and confer once again in an attempt to resolve their dispute as

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to whether, and in what form, Rambus should provide defendants with a macro-level index of

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documents it will produce. They shall submit to the Special Master a joint status report within

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three weeks of the date of this Order either detailing a compromise or explaining why one could

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not be reached. In the event a compromise is not reached, the Special Master will in his

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discretion resolve the dispute.

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4.

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Discovery shall be limited as follows: (a) defendants shall have 160 collective hours of fact

DISCOVERY.

depositions and Rambus shall have 60 hours in each case; (b) defendants shall have 15 joint and

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For the Northern District of California

United States District Court

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20 individual interrogatories and Rambus shall have 25 in each case, including all discrete

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subparts; (c) a reasonable number of requests for production of documents or for inspection per

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party; and (d) defendants shall have 20 joint and 50 individual requests for admission, and

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Rambus shall have 50 in each case. As agreed by the parties, the requests for admission shall

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be exclusive of requests directed solely to the authentication, foundation, and/or admissibility of

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documents or other evidence, of which each party may have an unlimited number. Defendants

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shall not be limited to repeating prior or similar lines of questioning from depositions that

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occurred in prior litigation brought by Rambus against other entities.

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5.

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Conference shall be held on January 12, 2012 at 10:00 a.m. in Courtroom 3, 17th Floor,

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United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. The parties

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shall file a Joint Case Management Statement at least one week prior to the Conference. The

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limiting of asserted claims issue will be addressed at that Conference.

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6.

CLAIM CONSTRUCTION SCHEDULING.

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A.

Disclosure of Asserted Claims and Infringement Contentions shall occur no later than
October 4, 2011.

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FURTHER CASE MANAGEMENT CONFERENCE. A Further Case Management

B.

Invalidity contentions shall be due no later than February 17, 2012.

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CASE MANAGEMENT SCHEDULING ORDER
No. C 10-5437
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The parties shall exchange proposed terms for construction no later than March 9, 2012.

D.

Disclosure of expert witnesses for claim construction shall occur no later than March 9,

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2012.

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E.

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later than March 30, 2012.

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F.

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than April 20, 2012.

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G.

Claim construction discovery shall be completed no later than May 25, 2012.

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H.

Rambus shall file its opening claim construction brief no later than June 7, 2012.

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I.

Defendants shall file responsive claim construction briefs with support no later than

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For the Northern District of California

C.

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United States District Court

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June 21, 2012.

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J.

Rambus shall file its claim construction reply brief no later than June 28, 2012.

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K.

A tutorial shall take place in Courtroom 3, 17th Floor, 450 Golden Gate Avenue, San

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Francisco, California on July 11, 2012 at 10:00 a.m.

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L.

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Gate Avenue, San Francisco, California on July 18, 2012 at 10:00 a.m.

The parties shall exchange preliminary claim constructions and extrinsic evidence no

The parties shall file their joint claim construction and prehearing statement no later

A Claim Construction Hearing shall take place in Courtroom 3, 17th Floor, 450 Golden

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IT IS SO ORDERED.

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Dated: 9/19/11
RICHARD SEEBORG

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UNITED STATES DISTRICT JUDGE

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CASE MANAGEMENT SCHEDULING ORDER
No. C 10-5437
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