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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1 2 *E-Filed 9/19/11* 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 No. C 10-05437 RS RAMBUS INC, For the Northern District of California United States District Court 8 12 13 14 15 Plaintiff, CASE MANAGEMENT SCHEDULING ORDER v. BROADCOM CORP, 16 Defendant. / 17 No. C 10-05446 RS RAMBUS INC, 18 19 20 21 Plaintiff, v. LSI Corporation, Defendant. 22 / 23 No. C 10-05447 RS RAMBUS INC, 24 Plaintiff, 25 26 27 28 v. MEDIATEK INC., Defendant. / 1 RAMBUS INC, No. C 10-5449 RS 2 Plaintiff, 3 v. 4 5 STMICROELECTRONICS N.V.; STMICROELECTRONICS INC., Defendants. 6 / 7 8 9 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 11 For the Northern District of California United States District Court 10 the Farmwald/Horowitz patents. In light of substantial disagreement, the parties were directed 12 to meet and confer and submit an updated Joint Statement in the hopes that the parties could 13 resolve some of their scheduling disputes. To the extent the parties were able to reach 14 agreement on certain details, those are acceptable to the Court and need not be discussed here. 15 The key disputes presented in the updated statement are resolved as follows: 16 1. 17 This matter is referred to private mediation. The parties shall promptly notify the Court 18 whether the case is resolved. 19 2. 20 The Honorable Vaughn R. Walker (Ret.) is hereby designated Special Master for purposes of 21 handling discovery disputes pursuant to 28 U.S.C. § 636(b)(2). Rambus shall pay 50% and 22 defendants collectively shall pay 50% of the Special Master’s costs. Defendants may decide 23 how to apportion their 50% share among themselves. The procedures for objecting to an order 24 of the Special Master shall be the same as those that apply to a motion for relief from a 25 nondispositive pretrial order of a magistrate judge set forth in Federal Rule of Civil Procedure 26 72(a) and Civil Local Rule 72-2. ALTERNATIVE DISPUTE RESOLUTION. APPOINTMENT OF SPECIAL MASTER. 27 28 CASE MANAGEMENT SCHEDULING ORDER No. C 10-5437 2 1 3. INDEX. 2 The parties are directed to meet and confer once again in an attempt to resolve their dispute as 3 to whether, and in what form, Rambus should provide defendants with a macro-level index of 4 documents it will produce. They shall submit to the Special Master a joint status report within 5 three weeks of the date of this Order either detailing a compromise or explaining why one could 6 not be reached. In the event a compromise is not reached, the Special Master will in his 7 discretion resolve the dispute. 8 4. 9 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 11 For the Northern District of California United States District Court 10 20 individual interrogatories and Rambus shall have 25 in each case, including all discrete 12 subparts; (c) a reasonable number of requests for production of documents or for inspection per 13 party; and (d) defendants shall have 20 joint and 50 individual requests for admission, and 14 Rambus shall have 50 in each case. As agreed by the parties, the requests for admission shall 15 be exclusive of requests directed solely to the authentication, foundation, and/or admissibility of 16 documents or other evidence, of which each party may have an unlimited number. Defendants 17 shall not be limited to repeating prior or similar lines of questioning from depositions that 18 occurred in prior litigation brought by Rambus against other entities. 19 5. 20 Conference shall be held on January 12, 2012 at 10:00 a.m. in Courtroom 3, 17th Floor, 21 United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. The parties 22 shall file a Joint Case Management Statement at least one week prior to the Conference. The 23 limiting of asserted claims issue will be addressed at that Conference. 24 6. CLAIM CONSTRUCTION SCHEDULING. 25 A. Disclosure of Asserted Claims and Infringement Contentions shall occur no later than October 4, 2011. 26 27 FURTHER CASE MANAGEMENT CONFERENCE. A Further Case Management B. Invalidity contentions shall be due no later than February 17, 2012. 28 CASE MANAGEMENT SCHEDULING ORDER No. C 10-5437 3 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, 3 2012. 4 E. 5 later than March 30, 2012. 6 F. 7 than April 20, 2012. 8 G. Claim construction discovery shall be completed no later than May 25, 2012. 9 H. Rambus shall file its opening claim construction brief no later than June 7, 2012. 10 I. Defendants shall file responsive claim construction briefs with support no later than 11 For the Northern District of California C. 2 United States District Court 1 June 21, 2012. 12 J. Rambus shall file its claim construction reply brief no later than June 28, 2012. 13 K. A tutorial shall take place in Courtroom 3, 17th Floor, 450 Golden Gate Avenue, San 14 Francisco, California on July 11, 2012 at 10:00 a.m. 15 L. 16 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 17 18 IT IS SO ORDERED. 19 20 Dated: 9/19/11 RICHARD SEEBORG 21 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 CASE MANAGEMENT SCHEDULING ORDER No. C 10-5437 4

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