Open Text S.A. v. Alfresco Software LTD et al

Filing 207

Case Management Order. Signed by Judge James Donato on 09/22/2014. (jdlc3S, COURT STAFF) (Filed on 9/22/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

OPEN TEXT S.A.,

Case No. 13-cv-04843-JD

Plaintiff,
8
v.

CASE MANAGEMENT ORDER

9
10

ALFRESCO SOFTWARE LTD, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13

In light of developments in the case since the June 18, 2014, Case Management

14

Conference, including the service of invalidity contentions, the exchange of claim construction

15

briefing and an order granting a motion to dismiss, the Court orders further narrowing of the

16

asserted claims. Open Text will limit its asserted claims to no more than 15 by September 29,

17

2014. Within seven days after that -- by October 6, 2014 -- the defendants will reduce their prior

18

art references to no more than six per patent from among the twelve prior art references previously

19

identified for that particular patent in their previous election of asserted prior art and no more than

20

a total of 20 references.

21

For purposes of this order, a prior art instrumentality (such as a device or process) and

22

associated references that describe that instrumentality will count as one reference, as will the

23

closely related work of a single prior artist -- but only if all the associated references truly describe

24

the same version of the same instrumentality.

25
26
27
28

The parties will file an amended joint claim construction statement limited to the
remaining asserted claims by October 6, 2014.
Upon a showing of diligence, and with due consideration for prejudice, a party may seek to
modify this order for good cause shown. Any request to increase the limits contained in this order

1

must specifically show why the inclusion of additional asserted claims or prior art references is

2

warranted. See In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1202, 1312-13 (Fed.

3

Cir. 2011).

4
5
6
7

IT IS SO ORDERED.
Dated: September 22, 2014
______________________________________
JAMES DONATO
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2