Synopsys, Inc. v. Atoptech, Inc

Filing 756

STIPULATION AND ORDER REGARDING PRETRIAL EXCHANGES FOR THE BENCH TRIAL. Signed by Judge Maxine M. Chesney on June 8, 2016. (mmclc2, COURT STAFF) (Filed on 6/8/2016)

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Robert A. Mittelstaedt (SBN 60359)
[e-mail]
Patrick T. Michael (SBN 169745)
[e-mail]
Krista S. Schwartz (SBN 303604)
[e-mail]
Joe C. Liu (SBN 237356)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Heather N. Fugitt (SBN 261588)
[e-mail]
JONES DAY
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

Paul Alexander (SBN49997)
Martin R. Glick (SBN 40187)
Sean Callagy (SBN 255230)
ARNOLD & PORTER LLP
Three Embarcadero Center. 10th Floor
San Francisco, CA 94111-4024
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Denise McKenzie (SBN 193313)
ARNOLD & PORTER LLP
777 South Figueroa Street, 44th Floor
Los Angeles, CA 90017-5844
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorneys for Defendant
ATOPTECH, INC.

Attorneys for Plaintiff
SYNOPSYS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SYNOPSYS, INC.,

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Plaintiff,
v.

Case No. 3:13-cv-02965 MMC (DMR)
STIPULATION AND [PROPOSED]
ORDER REGARDING PRETRIAL
EXCHANGES FOR THE BENCH TRIAL

ATOPTECH, INC.,
Defendant.

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STIPULATION AND [PROPOSED] ORDER REGARDING
PRETRIAL EXCHANGES FOR THE BENCH TRIAL
Case No. 3:13-cv-02965 MMC (DMR)

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Plaintiff Synopsys, Inc. (“Synopsys”) and Defendant ATopTech, Inc. (“ATopTech”)
(together, “the Parties”), by and through the undersigned counsel, hereby stipulate as follows:
1. Pre-Trial Deadlines:
Deadline

Party

Task

ATopTech

Serve witness list, including identification on
whether the witnesses will be called live or by
deposition testimony and brief narrative
descriptions of the witnesses’ expected
testimony. Serve list of exhibits expected to be
used.

Synopsys

Serve witness list, including identification on
whether the witnesses will be called live or by
deposition testimony and brief narrative
descriptions of the witnesses’ expected
testimony. Serve list of exhibits expected to be
used. Serve objections, if any, to exhibits
and/or testimony of witnesses listed by
ATopTech.

ATopTech

Serve list of any supplemental witnesses,
including identification on whether the
witnesses will be called live or by deposition
testimony and brief narrative descriptions of the
witnesses’ expected testimony, and
supplemental exhibits expected to be used in
view of Synopsys’ list of witnesses and
exhibits. Serve objections, if any, to exhibits
and/or testimony of witnesses listed by
Synopsys. Serve deposition excerpts expected
to be used.

7/1/2016

Synopsys

Serve list of any supplemental witnesses,
including identification on whether the
witnesses will be called live or by deposition
testimony and brief narrative descriptions of the
witnesses’ expected testimony, and
supplemental exhibits expected to be used in
view of ATopTech’s supplemental witness list
and exhibit list. Serve objections, if any, to
supplemental exhibits and/or testimony of
witnesses listed by ATopTech. Serve
deposition excerpts expected to be used.

7/6/2016

Both

Serve objections to deposition excerpts.

7/8/2016
10:00 AM

Both

Meet and confer to resolve objections to
exhibits, testimony and/or deposition excerpts.

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6/10/2016

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6/20/2016

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6/27/2016

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STIPULATION AND [PROPOSED] ORDER REGARDING
PRETRIAL EXCHANGES FOR THE BENCH TRIAL
Case No. 3:13-cv-02965 MMC (DMR)

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7/11/2016

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2.

Both

File oppositions to motions in limine, if any.
Exchange Pre-Stamped Exhibits.

7/25/2016

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File motions in limine, if any.

7/18/2016

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Both

Both

Bench Trial Begins

To the extent a document to be used as an exhibit at the Bench Trial was

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previously marked either for identification or as a trial exhibit, the same exhibit number will be

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used. Since these exhibits have already been exchanged, it will not be necessary to exchange a

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copy of the Pre-Stamped Exhibit for these previously exhibits. The parties will mutually agree

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upon a reasonable method for marking any exhibits not previously marked, and copies of any

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such Pre-Stamped Exhibits will be exchanged in accordance with the schedule set forth above.

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The parties further agree that the record from the jury trial held February 22, 2016 – March 8,

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2016, will be considered as part of the record for the Bench Trial.

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4.

The exchange of exhibit lists and deposition designations contemplated above will

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include where appropriate the exchange of native versions of the lists (i.e., excel or word

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document) to facilitate objections and meeting and conferring to resolve those objections. To

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facilitate review of the exhibit list, the Parties agree that, in addition to the columns set out in

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ECF No. 174, the exchanged exhibit lists will include columns for Beg Bates and End Bates for

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any document not previously marked either for identification or as a trial exhibit. For the

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convenience of the Parties, the Parties agree to exchange searchable PDF versions of any exhibits

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not previously marked for identification or as a trial exhibit (or native files as appropriate), in lieu

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of the printed copies called for in ECF No. 174. The parties will mutually cooperate to ensure

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that legible copies of any exhibits intended to be used at the bench trial are exchanged in advance,

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and by July 18, 2015. Each party will provide two sets of printed copies of the exhibits it intends

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to use at the Bench Trial to the Court on the first day of trial, as required by ECF No. 174.

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5.

The Parties will indicate which witnesses it intends to call live and which

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witnesses it intends to call by deposition in accordance with the schedule set forth above, and will

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provide any changes to this determination by July 18, 2016. The Parties further agree, however,

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that should the need thereafter arise (e.g., a witness becomes unavailable) the Parties will not be
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STIPULATION AND [PROPOSED] ORDER REGARDING
PRETRIAL EXCHANGES FOR THE BENCH TRIAL
Case No. 3:13-cv-02965 MMC (DMR)

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prohibited from later preparing deposition designations for that witness if appropriate. The

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parties will exchange deposition designations only for those witnesses they actually plan to

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submit to the Court for consideration, according to the schedule outlined above. The parties will

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present to the Court excerpted transcripts annotating the designations, counter-designations, and

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any objections. Should the Court wish the parties to present video deposition testimony at the

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trial, the parties will meet and confer on a procedure to prepare the video clips.

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6.

The parties will exchange demonstratives to be used in opening statements or

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initial statements to the Court on the first day of trial by no later than 5:30 p.m. on July 22, 2016.

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To the extent there are objections, the parties will meet and confer in an effort to resolve those

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objections by 12:00 p.m. on July 23, 2016.

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7.

By 5:30 pm on July 20, 2016, ATopTech will disclose the order of its witnesses

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and any exhibits, including demonstrative exhibits, to be used with each witness disclosed

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pursuant to paragraph 1. By 5:30 pm on July 21, 2016, Synopsys will provide any objections to

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those exhibits and will disclose any cross exhibits for use with ATopTech’s witnesses. By 5:30

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pm on July 21, 2016, Synopsys will disclose the order of its witnesses and any exhibits, including

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demonstrative exhibits, to be used with each witness disclosed pursuant to paragraph 1. By 5:30

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pm on July 22, 2016, ATopTech will provide any objections to those exhibits and will disclose

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any cross exhibits for use with Synopsys’s witnesses. To the extent there are objections, the

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parties will meet and confer in an effort to resolve those objections by 12:00 p.m. on July 23,

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2016.

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8.

Any demonstratives will be provided to opposing counsel as a color copy in PDF

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form. If a demonstrative contains video, animations, or “builds,” they will be provided to

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opposing counsel on DVD, CD, thumb drive, or FTP. If good faith efforts to resolve objections

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to demonstratives fail, the objecting party shall bring any outstanding objections to the Court’s

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attention prior to use of the demonstratives.

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9.

The parties will identify the witnesses it intends to call, as well as the exhibits and

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demonstratives to be used in connection with the testimony of those witnesses in accordance with

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the schedule set forth in paragraphs 1 and 7 above and will meet and confer with respect to any
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STIPULATION AND [PROPOSED] ORDER REGARDING
PRETRIAL EXCHANGES FOR THE BENCH TRIAL
Case No. 3:13-cv-02965 MMC (DMR)

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anticipated objections to the testimony or exhibits promptly as set forth above. Any unresolved

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objections will be addressed at a time set by the Court.

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IT IS SO STIPULATED.
Dated: June 7, 2016

Respectfully submitted,

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JONES DAY

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By:

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/s/ Robert A. Mittelstaedt
Robert A. Mittelstaedt

Attorneys for Plaintiff
SYNOPSYS, INC.

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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.

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Dated: June 7, 2016

ARNOLD & PORTER LLP

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By:

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/s/ Paul Alexander
Paul Alexander

Attorneys for Defendant
ATOPTECH, INC.

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IT IS SO ORDERED.

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Dated: ___________________
June 8, 2016

________________________________
Honorable Maxine M. Chesney
United States District Judge

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STIPULATION AND [PROPOSED] ORDER REGARDING
PRETRIAL EXCHANGES FOR THE BENCH TRIAL
Case No. 3:13-cv-02965 MMC (DMR)