Rambus Inc v. Broadcom Corporation
Filing
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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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/
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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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