OpenTV, Inc. et al v. Apple, Inc.

Filing 59

SCHEDULING ORDER. Tutorial Hearing set for 3/9/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Claims Construction Hearing set for 3/23/2015 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on July 25, 2014. (wsn, COURT STAFF) (Filed on 7/25/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OPENTV, INC., et al.,

Case No. 14-cv-01622-JST

Plaintiffs,
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v.

SCHEDULING ORDER

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APPLE, INC.,

United States District Court
Northern District of California

Defendant.
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The Court hereby sets the following case deadlines pursuant to Federal Rule of Civil
Procedure 16 and Civil Local Rule 16-10:

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Event

Deadline

Initial disclosures

August 7, 2014

ESI Stipulation and Stipulated Protective Order

September 2, 12014

Disclosure of Asserted Claims and Infringement Contentions;
Document Production Accompanying Disclosure

September 5, 2014

Last Day to Join Parties or Amend Pleadings

November 24, 2014

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Invalidity Contentions; Document Production Accompanying
Invalidity Contentions

October 20, 2014

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Exchange of Proposed Terms for Construction

November 3, 2014

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November 24, 2014

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Exchange of Preliminary Claim Constructions and Extrinsic
Evidence

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Joint Claim Construction and Prehearing Statement

December 19, 2014

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Event

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Deadline

Completion of Claim Construction Discovery (including
depositions of experts who submitted declarations in support of
claim construction positions)

January 30, 2015

Claim Construction Opening Brief

February 2, 2015

Claim Construction Responsive Brief

February 16, 2015

Claim Construction Reply Brief

February 23, 2015

Technology Tutorial

March 9, 2015 at
2:00 p.m.

Claim Construction Hearing

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January 16, 2015

Defendant serves Preliminary Election of Asserted Prior Art

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January 16, 2015

Plaintiffs serve Preliminary Election of Asserted Claims

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March 23, 2015 at
2:00 p.m.

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United States District Court
Northern District of California

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After the court has issued a claim construction order, the parties shall move the court to set
a further case management conference for a date within 90 days of the date the claim construction
order issues (if such further case management statement has not been set by that time). Ten days
before the further case management conference, the parties shall file a joint case management
statement, including the parties’ stipulated proposed scheduled, or competing schedules, leading to
trial.
Counsel may not modify these dates without leave of court. The parties shall comply with
the Court’s standing orders, which are available at cand.uscourts.gov/jstorders.
The parties shall meet and confer regarding the format, scope, and content of both the
tutorial and the claim construction hearing, including but not limited to the permissible subjects of
discussion at each, whether experts will testify, and what audio-visual equipment, if any, will be
needed by the parties. They also shall exchange copies of any audio-visual material at least ten
court days before they intend to use it in court, and shall bring any disputes regarding the format,
scope, or content of any tutorial or hearing to the Court’s attention at least five court days before
the tutorial or hearing. The Court will deem as waived any objection raised less than five court

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days before the tutorial or hearing. The parties shall lodge hard copies of their presentation

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materials with the Court on the day of the tutorial or claim construction hearing.

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The Court will reserve no more than one and a half hours on its calendar for the tutorial,
including a brief recess. The tutorial will not be reported by a court reporter.
At claim construction, the Court will construe only the terms the parties identify in their

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Joint Claim Construction and Prehearing Statement as “most significant to the resolution of the

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case up to a maximum of 10.” Patent Local Rule 4-3(c). The Court will reserve no more than two

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and a half hours its calendar for the claim construction hearing, including a brief recess. The

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Court prefers that the parties proceed term-by-term, with each party providing its views on each

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term before moving on to the next. The Court’s use of time limits means that the parties may not

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United States District Court
Northern District of California

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have the opportunity to present oral argument on every term they have submitted for construction,

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and the parties should prioritize their presentations accordingly.

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The parties must take all necessary steps to conduct discovery, compel discovery, hire

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counsel, retain experts, and manage their calendars so that they can complete discovery in a timely

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manner and appear on the noticed and scheduled dates. All counsel must arrange their calendars

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to accommodate these dates, or arrange to substitute or associate in counsel who can.

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Dated: July 25, 2014

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_______________________________________
JON S. TIGAR
United States District Judge

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