Avocet Sports Technology, Inc. v. Garmin International, Inc. et al

Filing 120

ORDER FOLLOWING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/29/2012. Further Case Management Conference set for 7/9/2012 10:00 AM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge James Ware on May 14, 2012. (wsn, COURT STAFF) (Filed on 5/14/2012)

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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
NO. C 11-04049 JW
NO. C 12-02234 JW
NO. C 12-02235 JW

Avocet Sports Tech., Inc.,

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Plaintiff,
v.

For the Northern District of California

United States District Court

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ORDER FOLLOWING CASE
MANAGEMENT CONFERENCE

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Garmin Int’l., Inc., et al.,
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Defendants.
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/
v.
Polar Electro, Inc.,

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Defendant.
/

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v.
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Casio America, Inc.,
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Defendant.
/

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On May 14, 2012, the Court held a Case Management Conference in the above-captioned
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matters. Counsel for all parties were present. Pursuant to the discussion at the Conference, the
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Court ORDERS as follows:
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(1)

A hearing on a Motion to Dismiss in one of the above-captioned cases is currently

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scheduled for June 11, 2012.1 Insofar as any other Defendant wishes to oppose a

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current Complaint via a Rule 12(b)(6) motion, that Defendant shall join in the Garmin

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Motion. The parties shall stipulate to an expedited briefing schedule.

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(2)

The Court sets July 9, 2012 at 10 a.m. for a further Case Management Conference in

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these cases. On or before June 29, 2012, the parties shall file a Joint Case

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Management Conference Statement including, inter alia, discussion of the status of

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discovery and proposals for further scheduling.

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(3)

The Court adopts the parties’ proposed schedule2 as to the following events:
(a)

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For the Northern District of California

United States District Court

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Disclosures.

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(b)

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(c)

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On or before May 28, 2012, Plaintiff shall serve its Damages
Contentions.

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On or before May 21, 2012, the parties shall exchange Initial

On or before June 11, 2012, Defendants shall respond to the Damages
Contentions.

The Court declines to schedule any further dates as premature at this time. At the July 9
Case Management Conference, the Court will schedule further dates as necessary.

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Further, the Court would wish the parties, in their initial discovery, to focus on the issues

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identified at the May 14 Conference–including issues relating to notice, damages and the issue of

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laches–so as to enhance the possibility that this case may be suitable for early resolution.

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Dated: May 14, 2012
JAMES WARE
United States District Chief Judge

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(Garmin’s Motion to Dismiss Plaintiff’s Amended Claims for Induced and Willful
Infringement Under Rule 12(b)(6), hereafter, “Garmin Motion,” Docket Item No. 114 in No. C 1104049 JW.)
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(See Docket Item No. 113 at 8 in No. C 11-04049 JW.)
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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Adam Prescott Seitz [e-mail]
David C. Lee [e-mail]
Frear Stephen Schmid [e-mail]
Janelle M Smith [e-mail]
John P. Moran [e-mail]
Joshua M Masur [e-mail]
Julie Sandra Turner [e-mail]
Katherine M. Lieb [e-mail]
Michael John Lyons [e-mail]
Michelle Lyons Marriott [e-mail]
Pablo D. Hendler [e-mail]
Rachel Melissa Walsh [e-mail]
Robert J. Goldman [e-mail]
Scott D. Stimpson [e-mail]

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Dated: May 14, 2012

Richard W. Wieking, Clerk

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By:
For the Northern District of California

United States District Court

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/s/ JW Chambers
William Noble
Courtroom Deputy