Incase Designs, Inc. v. Marware, Inc.

Filing 36

CASE MANAGEMENT SCHEDULING ORDER. Case referred to mediation. Markman hearing set for 2/19/2014 10:00 AM. Signed by Judge Richard Seeborg on 8/1/13. (cl, COURT STAFF) (Filed on 8/1/2013)

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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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INCASE DESIGNS, CORP.,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

No. C 13-00604 RS
CASE MANAGEMENT
SCHEDULING ORDER

MARWARE, INC.,
Defendant.
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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a

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Case Management Conference on August 1, 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.

MEDIATION. The parties are hereby REFERRED to the ADR Department for

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the purpose of panel mediation, to take place, ideally, within the next one hundred twenty (120)

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days.

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2.

DISCOVERY. Discovery shall be limited as follows: (a) ten (10) non-expert

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depositions per side; (b) twenty-five (25) interrogatories per side, including all discrete subparts;

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

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(d) a reasonable number of requests for admission per side.

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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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CASE MANAGEMENT SCHEDULING ORDER

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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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 7-8 of their Joint Case Management are adopted as follows:
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Plaintiff shall disclose its asserted claims and preliminary contentions pursuant to

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Patent L.R. 3-1, and make its accompanying disclosures pursuant to Patent L.R. 3-2, no later

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For the Northern District of California

United States District Court

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than August 15, 2013.

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B.

Defendant shall disclose its asserted claims and preliminary invalidity contentions

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pursuant to Patent L.R. 3-4, and make its accompanying disclosures pursuant to Patent L.R. 3-4,

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no later than September 30, 2013.

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C.

Proposed terms and claim elements for construction shall be exchanged pursuant

to Patent L.R. 4-1 no later than October 14, 2013.
D.

Preliminary claim construction and extrinsic evidence shall be exchanged

pursuant to Patent L.R. 4-2 no later than November 4, 2013.
E.

The Joint Claim Construction and Prehearing Statement shall be filed pursuant to

Patent L.R. 4-3 no later than November 29, 2013.
F.

Claim Construction Discovery pursuant to Patent L.R. 4-4 shall be completed by

December 30, 2013.

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G.

The opening claim construction brief shall be filed by January 13, 2014.

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H.

The responsive claim construction brief shall be filed by January 27, 2014.

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I.

The reply claim construction brief shall be filed by February 3, 2014.

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CASE MANAGEMENT SCHEDULING ORDER

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5.

MARKMAN HEARING. A Markman Claim Construction Hearing shall held on

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February 19, 2014 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: 8/1/13
_______________________________
RICHARD SEEBORG
United States District Judge

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For the Northern District of California

United States District Court

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CASE MANAGEMENT SCHEDULING ORDER

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