Fujifilm Corporation v. Motorola Mobility Holdings, Inc. et al

Filing 25

CASE MANAGEMENT SCHEDULING ORDER. ORDER REFERRING CASE to Private ADR. Markman hearing set for 9/25/2013 10:00 AM. Tutorial Hearing set for 9/18/2013 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 1/17/13. (cl, COURT STAFF) (Filed on 1/17/2013)

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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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For the Northern District of California

United States District Court

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FUGIFILM CORPORATION,

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Plaintiff,
v.

No. C 12-03587 RS
CASE MANAGEMENT
SCHEDULING ORDER

MOTOROLA MOBILITY, LLC,
Defendant.
____________________________________/
Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a

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Case Management Conference on January 17, 2013. After considering the Joint Case

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Management Statement submitted by the parties and consulting with the attorneys of record for

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the parties and good cause appearing, IT IS HEREBY ORDERED THAT:

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1.

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PRIVATE MEDIATION. The parties agree that private mediation should be held

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ALTERNATIVE DISPUTE RESOLUTION.

following the Court’s Claim Construction Order

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2.

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Discovery shall be limited as follows: (a) each party will have a total of one hundred

DISCOVERY.

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(100) hours of depositions, exclusive of expert witnesses and third-party depositions, without

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limit to the number of depositions taken. Depositions with an interpreter shall count as half the

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CASE MANAGEMENT SCHEDULING ORDER

time taken; (b) twenty-five (25) interrogatories per party, including all discrete subparts; (c) a

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reasonable number of requests for production of documents or for inspection per party; and (d)

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an unlimited number of request for admission as to authenticity and up to twenty-five (25)

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additional requests per side. A stipulated protective order shall be filed by January 31, 2013.

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3.

DISCOVERY DISPUTES. Discovery disputes will be referred to a Magistrate

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Judge. After the parties have met and conferred, the parties shall prepare a joint letter of not

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more than 8 pages explaining the dispute. Up to 12 pages of attachments may be added. The

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joint letter must be electronically filed under the Civil Events category of "Motions and Related

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Filings >Motions--General > Discovery Letter Brief." The Magistrate Judge to whom the matter

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is assigned will advise the parties of how that Judge intends to proceed. The Magistrate Judge

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For the Northern District of California

United States District Court

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may issue a ruling, order more formal briefing, or set a telephone conference or a hearing. After

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a Magistrate Judge has been assigned, all further discovery matters shall be filed pursuant to that

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Judge's procedures.

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4.

FURTHER SCHEDULING. The dates proposed by the parties leading up to the

Markman Hearing on pages 6-7 of their Joint Case Management are adopted as follows:
A.

On or before February 22, 2013 plaintiff shall serve its Preliminary Infringement

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Contentions and accompanying documents in the form and with the content required by Patent

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L.R. 3-1 and 3-2.

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B.

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On or before April 19, 2013, defendant is to serve Invalidity Contentions, and

accompanying documents in the form and with the content required by Patent L.R. 3-3 and 3-4.
C.

On or before May 3, 2013, parties are to exchange claim terms needing

construction in the form and with the content required by Patent L.R. 4-1.
D.

On or before May 24, 2013, parties are to exchange proposed claim constructions

and extrinsic evidence in the form and with the content required by Patent L.R. 4-2.
E.

On or before June 18, 2013, the parties are to file a Joint Claim Construction and

Prehearing Statement in the form and with the content required by Patent L.R. 4-3.

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CASE MANAGEMENT SCHEDULING ORDER

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F.

On or before July 19, 2013, the parties are to complete claim construction

discovery in the manner set forth in Patent L.R. 4-4.
G.

On or before August 2, 2013, plaintiff is to file its Opening Claim Construction

Brief in accordance with Patent L.R. 4-5(a).
H.

On or before August 16, 2013, defendant is to file its Responsive Claim

Construction Brief in accordance with Patent L.R. 4-5(b)
I.

On or before August 23, 2013, plaintiff is to file its Reply Claim Construction

Brief in accordance with Patent L.R. 4-5(c).
5.

TUTORIAL. A Tutorial shall held on September 18, 2013 at 10 a.m. in

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Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco,

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For the Northern District of California

United States District Court

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California.

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6.

MARKMAN HEARING. A Markman Claim Construction Hearing shall held on

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September 25, 2013 at 10 a.m. in Courtroom 3, 17th Floor, United States Courthouse, 450

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Golden Gate Avenue, San Francisco, California. A further Case Management Conference will

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be scheduled following this Hearing to set the remaining dates in this case.

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IT IS SO ORDERED.

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DATED:

1/17/13
_______________________________
RICHARD SEEBORG
United States District Judge

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CASE MANAGEMENT SCHEDULING ORDER

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