Gametek LLC v. Rockyou, Inc.

Filing 44

CASE MANAGEMENT SCHEDULING ORDER. Case referred to mediation. Markman hearing set for 2/5/2014 10:00 AM. Signed by Judge Richard Seeborg on 7/18/13. (cl, COURT STAFF) (Filed on 7/18/2013)

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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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GAMETEK, LLC,

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Plaintiff,
v.

No. C 13-01205 RS
CASE MANAGEMENT
SCHEDULING ORDER

ROCKYOU, INC,
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 July 18, 2013. After considering the Joint Case Management

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

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good cause appearing, IT IS HEREBY ORDERED THAT:

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1.

PANEL MEDIATION. The parties are hereby REFERRED to the ADR

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Department for the purpose of participating in panel mediation, to take place, ideally, within the

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next one hundred twenty (120) days.

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2.

DISCOVERY. On or before July 25, 2013, all initial disclosures shall be made.

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Discovery shall be limited as follows: (a) ten (10) non-expert depositions per side; (b) twenty-

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five (25) interrogatories per side, including all discrete subparts; (c) a reasonable number of

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CASE MANAGEMENT SCHEDULING ORDER

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

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requests for admission per side.
3.

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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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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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For the Northern District of California

United States District Court

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Judge's procedures.
4.

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

Markman Hearing on pages 9-10 of their Joint Case Management are adopted as follows:
A.

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On or before August 1, 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.

On or before September 16, 2013, defendant is to serve Invalidity Contentions,

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

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3-4.
C.

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On or before September 30, 2013, parties are to exchange claim terms needing

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

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On or before October 21, 2013, parties are to exchange proposed claim

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

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2.

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E.

On or before October 21, 2013, parties are to disclose any expert witnesses with

respect to claim construction.

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CASE MANAGEMENT SCHEDULING ORDER

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On or before November 15, 2013, the parties are to file a Joint Claim

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Construction and Prehearing Statement in the form and with the content required by Patent L.R.

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4-3.

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For the Northern District of California

United States District Court

F.

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G.

On or before December 15, 2013, the parties are to complete claim construction

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

On or before December 30, 2013, plaintiff is to file its Opening Claim

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

On or before January 13, 2014, defendant is to file its Responsive Claim

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

On or before January 20, 2014, plaintiff is to file its Reply Claim Construction

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

MARKMAN HEARING. A Markman Claim Construction Hearing shall held on

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February 5, 2014 at 10 a.m. in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden

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Gate Avenue, San Francisco, California. A tutorial will precede presentation of claim

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construction arguments. A further Case Management Conference will be scheduled following

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this Hearing to set the remaining dates in this case.

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IT IS SO ORDERED.

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DATED: 7/18/13
_______________________________
RICHARD SEEBORG
United States District Judge

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CASE MANAGEMENT SCHEDULING ORDER

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