Altera Corporation v. PACT XPP Technologies, AG

Filing 36

CASE MANAGEMENT AND SCHEDULING ORDER. (jdlc3S, COURT STAFF) (Filed on 11/5/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALTERA CORPORATION,

Case No. 14-cv-02868-JD

Plaintiff,
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v.

CASE MANAGEMENT AND
SCHEDULING ORDER

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PACT XPP TECHNOLOGIES, AG,
Defendant.

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United States District Court
Northern District of California

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A case management conference was held on November 5, 2014. The Court orders the
following pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10:

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1. Interrogatories. The parties will each be limited to twenty-five interrogatories.

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2. RFAs. The parties will each be limited to thirty requests for admission.

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3. Depositions. The parties may depose up to ten party witnesses and eight third-party

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witnesses.
4. Narrowing issues for trial. As the case progresses, the parties will limit their
asserted claims and prior art references or obviousness combinations as follows:
a. Forty days after infringement contentions are due -- on December 29, 2014

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-- PACT will limit the number of asserted claims per patent to ten or less,

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and the total number of asserted claims to thirty or less. PACT will file a

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Preliminary Election of Asserted Claims listing the remaining asserted

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claims.

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b. Fifty-four days after infringement contentions are due -- on January 12,

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2015 -- Altera will limit the number of asserted prior art references and

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obviousness combinations per patent to thirty or less, and the total number

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of asserted prior art references and obviousness combinations to ninety or

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less. Altera will file a Preliminary Election of Asserted Prior Art listing the

remaining prior art references and obviousness combinations.

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c. Twenty-eight days after the claim construction order issues, PACT will

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limit the number of asserted claims per patent to five or less, and the total

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number of asserted claims to fifteen or less. PACT will file a Final Election

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of Asserted Claims listing the remaining asserted claims.

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d. Forty-two days after the claim construction order issues, Altera will limit

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the number of asserted prior art references and obviousness combinations

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per patent to fifteen or less, and the total number of asserted prior art

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references and obviousness combinations to forty-five. Altera will file a
Final Election of Asserted Prior Art listing the remaining prior art

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United States District Court
Northern District of California

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references and obviousness combinations.

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e. Further reductions may be ordered as trial approaches. A party may request

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modification of these limits, but must provide specific reasons and show

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good cause in order to do so.
5. Case schedule. The Court sets the following case schedule:

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Event

Date

Last day to serve Disclosure of Asserted Claims and
Infringement Contentions for PACT patents-in-suit and produce
documents (Patent L.R. 3-1, 3-2)

11/19/14

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Last day to file and serve amendments to the pleadings

11/25/14

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Last day to serve Invalidity Contentions and produce documents
(Patent L.R. 3-3, 3- 4)

01/05/14

Last day for parties to exchange proposed terms for construction
(Patent L.R. 4-1)

01/19/15

Last day for parties to exchange preliminary claim constructions
and extrinsic evidence (Patent L.R. 4-2)

02/09/15

Last day for parties to file Joint Claim Construction and
Prehearing Statement (Patent L.R. 4-3)

03/06/15

Last day to complete claim construction discovery (Patent L.R.

04/06/15

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Event

Date

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4-4)

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Last day for PACT to file opening claim construction brief
(Patent L.R. 4-5)

04/20/15

Last day for Altera to file responsive claim construction brief
(Patent L.R. 4-5)

05/04/15

Last day for PACT to file reply claim construction brief (Patent
L.R. 4-5)

05/11/15

Last day to file Final Joint Claim Construction Statement
(Standing Order for Patent Cases ¶ 6)

05/11/15

Technical tutorial (Standing Order for Patent Cases ¶ 7)

05/08/15 2:00 p.m. (45
minutes per side)

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Claim construction hearing (Patent L.R. 4-6, Standing Order for
Patent Cases ¶ 13)

05/21/15 2:00 p.m. (90
minutes per side)

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Last day to disclose advice of counsel (Patent L.R. 3-7)

50 days after claim
construction ruling

Fact discovery cut-off

07/20/15

Last day to disclose experts and exchange opening expert reports

08/10/15

Last day to exchange rebuttal expert reports

08/24/15

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Expert discovery cut-off

09/07/15

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Last day to file dispositive motions

09/16/15

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Pre-trial conference

11/25/15 3 p.m.

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Jury Trial

12/14/15 9 a.m.

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United States District Court
Northern District of California

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All dates set by the Court should be regarded as firm. Counsel may not modify these dates
by stipulation without leave of court. Requests for continuances are disfavored, and scheduling
conflicts that are created subsequent to the date of this order by any party, counsel or partycontrolled expert or witness will not be considered good cause for a continuance. Sanctions may
issue for a failure to obey a scheduling or other pretrial order. See Fed. R. Civ. P. 16(f)(1)(C).

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The parties should review and comply with the Court’s Standing Order for Civil Cases, Standing

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Order for Discovery in Civil Cases, and Standing Order for Civil Trials.

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IT IS SO ORDERED.
Dated: November 5, 2014
______________________________________
JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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