Synopsys, Inc. v. Atoptech, Inc

Filing 622

FURTHER PRETRIAL STIPULATION AND ORDER REGARDING TRIAL DISCLOSURES. Signed by Judge Maxine M. Chesney on February 22, 2016. (mmclc2, COURT STAFF) (Filed on 2/22/2016)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Robert A. Mittelstaedt (SBN 60359) ramittelstaedt@jonesday.com Patrick T. Michael (SBN 169745) pmichael@jonesday.com Krista S. Schwartz (State Bar No. 303604) ksschwartz@jonesday.com Joe C. Liu (SBN 237356) jcliu@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Heather N. Fugitt (SBN 261588) hfugitt@jonesday.com JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: (650) 739-3939 Facsimile: (650) 739-3900 Attorneys for Plaintiff SYNOPSYS, INC. 15 16 Paul Alexander (#49997) ARNOLD & PORTER LLP 1801 Page Mill Road, Suite 110 Palo Alto, CA 94304-1216 Telephone: (650) 798-2920 Fax: (650) 798-2999 E-Mail: paul.alexander@aporter.com Martin R. Glick (#40187) Daniel Asimow (#165661) Willow White Noonan (#277584) ARNOLD & PORTER LLP Three Embarcadero Center. 7th Floor San Francisco, CA 94111-4024 Telephone: (415) 471-3100 Fax: (415) 471-3400 E-Mail: marty.glick@aporter.com E-Mail: daniel.asimow@aporter.com E-Mail: willow.noonan@aporter.com Denise McKenzie (#193313) Ryan Nishimoto (#235208) ARNOLD & PORTER LLP 777 South Figueroa Street, 44th Floor Los Angeles, CA 90017-5844 Telephone: (213) 243-4000 Fax: (213) 243-4199 E-Mail: denise.mckenzie@aporter.com E-Mail: ryan.nishimoto@aporter.com Attorneys for Defendant ATOPTECH, INC. 17 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 SAN FRANCISCO DIVISION 21 SYNOPSYS, INC., 22 23 24 25 26 Plaintiff, v. ATOPTECH, INC., Defendant. Case No. 3:13-cv-02965 MMC (DMR) FURTHER PRETRIAL STIPULATION AND [PROPOSED] ORDER REGARDING TRIAL DISCLOSURES Date: Time: Judge: Courtroom: February 22, 2016 9:00 A.M. Hon. Maxine M. Chesney 7, 19th Floor 27 28 PRETRIAL STIPULATION AND [PROPOSED] ORDER REGARDING TRIAL DISCLOSURES Case No. 3:13-cv-02965 MMC (DMR) 1 Plaintiff Synopsys, Inc. (“Synopsys”) and Defendant ATopTech, Inc. (“ATopTech”) 2 (together, “the Parties”), by and through the undersigned counsel, submit this Stipulation and 3 Proposed Order Regarding Trial Disclosures. 4 WHEREAS the Parties have met and conferred about Synopsys’ proposed trial 5 disclosures, included in section IX of the Joint Pretrial Statement filed on January 29, 2016 (ECF 6 No. 555); and 7 WHEREAS the Parties have met and conferred regarding various disclosures and 8 exchanges to take place during trial and wish to facilitate the orderly and efficient exchange of 9 such information. 10 11 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties as follows: 12 STIPULATION ON TRIAL DISCLOSURES 13 The Parties agree to the following exchange and notice schedule for trial disclosures: 14 A. Corporate Representative: 15 1. On February 15, 2016 at 6:00 pm, the parties identified their corporate 16 representative at trial. The parties will promptly meet and confer regarding any objections to the 17 corporate representative being present at any aspect of the trial. 18 B. Demonstratives: 19 2. The parties will exchange demonstratives to be used in opening statements by 2:00 20 pm the day before opening statements, and any revisions by 4:00 pm the day before opening 21 statements; provide any objections to such demonstratives by 6:00 p.m. on the day before opening 22 statements; and by 7:00 pm on the day before opening statements, meet and confer to resolve any 23 objections to opening statement demonstratives. 24 3. The parties will exchange demonstratives to be used in direct or adverse direct 25 examination of witnesses by 5:30 pm the day before their intended use; provide any objections to 26 such demonstratives by 7:30 p.m. on the day before their intended use and; by 9:30 pm on the day 27 before their intended use, meet and confer to resolve any objections to the demonstratives. 28 4. Subject to adjustments as may be required based on the schedule for closing 1 PRETRIAL STIPULATION AND [PROPOSED] ORDER REGARDING TRIAL DISCLOSURES Case No. 3:13-cv-02965 MMC (DMR) 1 arguments, the parties will exchange demonstratives to be used in closing arguments by 5:00 pm 2 the day before closing arguments; provide any objections to such demonstratives by 8:00 p.m. on 3 the day before closing arguments and; by 9:00 pm on the day before closing arguments, meet and 4 confer to resolve any objections to the closing argument demonstratives. 5 5. Any demonstratives will be provided to opposing counsel as a color copy in PDF 6 form. If a demonstrative contains video, animations, or “builds,” it will be provided to opposing 7 counsel on DVD, CD, thumb drive, or FTP. 8 9 6. Subject to the Court’s instructions on this matter, if good faith efforts to resolve objections to demonstratives fail, the objecting party shall bring any outstanding objections to the 10 Court’s attention prior to the opening statements, prior to the applicable witness being called to 11 the witness stand or prior to closing arguments, as applicable. 12 7. This provision on demonstratives does not apply to demonstratives created during 13 testimony or demonstratives to be used for cross examination, neither of which need to be 14 provided to the other side in advance of their use. In addition, blow-ups or highlights of exhibits, 15 parts of exhibits or testimony are not required to be provided to the other side in advance of their 16 use. 17 C. Live Witnesses: 18 8. On February 15, 2016 at 6:00 pm, the parties identified the witnesses likely to 19 testify live at trial. 20 9. 21 22 No later than 5:30 pm the day before a witness may be called on direct examination, the offering party will provide the name(s) and order of the witnesses to be called. 10. Where a party plans to call an adverse witness in its case in chief, that party will 23 notify the other side no later than 5:30 pm two days before that witness may be called, indicating 24 the order the witnesses are likely to be called. 25 D. Witnesses Called By Deposition: 26 11. Because the parties anticipate that the deposition designations that they will seek 27 to introduce into evidence at trial may be narrower than those served pretrial, the parties have 28 agreed to the following procedure. -2- PRETRIAL STIPULATION AND [PROPOSED] ORDER REGARDING TRIAL DISCLOSURES Case No. 3:13-cv-02965 MMC (DMR) 1 12. By 6:00 pm, three days before the presentation of deposition testimony at trial on 2 direct examination, the party intending to introduce the testimony shall provide to opposing 3 counsel the page and line numbers to be presented at trial, a highlighted transcript and a video 4 clip that includes the affirmative designation to be played. The parties will meet and confer 5 regarding the resolution of objections, but agree that objections will not be played for the jury. 6 13. By 6:00 pm the next day, the opposing party will provide any objections to the 7 deposition testimony and shall also identify any counter-designations, by page and line number, a 8 highlighted transcript and a video clip that includes both the affirmative and counter-designations, 9 with all objections removed from the clip for the jury. 10 11 12 14. The offering party will provide any objections to the counter-designations by 9:00 pm the same day the counter-designations are provided. 15. The parties will file with the Court any outstanding objections to the deposition 13 designations the morning of the day before the offering party intends to present such testimony at 14 trial (or at a time designated by the Court). 15 E. Exhibits:1 16 16. By 5:30 pm one day before a witness may be called live on direct or on adverse 17 direct examination, the calling party will provide opposing counsel a list of exhibits that are 18 intended to be used on direct examination with that witness. The parties recognize that there may 19 be a need to supplement its witness exhibit list with exhibits it did not anticipate using and agree 20 that, for good cause, the witness exhibit list may be supplemented no later than one hour prior to 21 calling the witness to the stand. 22 23 17. By 8:30 pm the day before a direct or adverse direct witness may be called live, the other party will provide any objections to the identified exhibits, as well as any exhibits to be 24 1 25 26 27 28 Synopsys does not stipulate that any of the exhibit exchanges include impeachment exhibits, which are not required to be disclosed under Rule 26(a)(3)(A). Synopsys will disclose all exhibits it plans to enter into evidence on direct, cross, redirect, or recross with a witness, but reserves its right to use any document, including documents that were not previously disclosed, solely for impeachment purposes. To the extent ATopTech maintains that any document, even one to be used solely for impeachment, must be exchanged on this schedule, Synopsys disagrees and expressly does not so stipulate. Synopsys cannot anticipate what a witness might say on the stand, and thus cannot anticipate what documents it might need to impeach a witness. -3- PRETRIAL STIPULATION AND [PROPOSED] ORDER REGARDING TRIAL DISCLOSURES Case No. 3:13-cv-02965 MMC (DMR) 1 2 used with that witness. 18. By 9:30 the day before a witness may be called live, the calling party will provide 3 its objections to any exhibits identified by the opposing party. Thereafter, the parties will meet 4 and confer to attempt to resolve objections. 5 6 7 19. For exhibits that are to be presented by deposition testimony at trial, the offering party will provide a list of any exhibits at the same time as the respective deposition designations. 20. The parties will raise with the Court any outstanding objections to the witness 8 exhibits the morning of the day the offering party intends to offer such exhibits (or at a time 9 designated by the Court). 10 11 Dated: February 21, 2016 Respectfully submitted, JONES DAY 12 By: 13 14 /s/ Patrick T. Michael Patrick T. Michael Attorneys for Plaintiff SYNOPSYS, INC. 15 16 17 18 In accordance with Local Rule 5-1(i)(3), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. 19 20 Dated: February 21, 2016 ARNOLD & PORTER LLP 21 By: 22 23 Attorneys for Defendant ATOPTECH, INC. 24 25 26 27 /s/ Paul Alexander Paul Alexander IT IS SO ORDERED. Dated: ___________________ February 22, 2016 ________________________________ Honorable Maxine M. Chesney United States District Judge 28 -4- PRETRIAL STIPULATION AND [PROPOSED] ORDER REGARDING TRIAL DISCLOSURES Case No. 3:13-cv-02965 MMC (DMR)

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