Roche Molecular Systems, Inc. v. Cepheid

Filing 79

CASE MANAGEMENT AND PRETRIAL ORDER for Jury Trial by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 6/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROCHE MOLECULAR SYSTEMS, INC.,

Case No. 14-cv-03228-EDL

Plaintiff,
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v.

CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

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CEPHEID,
Defendant.

United States District Court
Northern District of California

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Following the Case Management Conference held on June 14, 2016, IT IS HEREBY

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ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial

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order is entered:

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1. DISCOVERY

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a.

Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to

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supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and

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responses to discovery requests under the circumstances itemized in that Rule, and when ordered

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by the Court. The Court expects that the parties will supplement and/or correct their disclosures

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promptly when required under that Rule, without the need for a request from opposing counsel.

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In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or

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correct all previously made disclosures and discovery responses 28 days before the fact

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discovery cutoff date.

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b.

Pursuant to Civil L.R. 37-1(b), telephone conferences are available to

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resolve disputes during a discovery event, such as a deposition, where the resolution during the

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event likely would result in substantial savings of expense or time.

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c.

Privilege logs. If a party withholds information that is responsive to a

discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by

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claiming that it is privileged, or protected from discovery under the attorney work product doctrine
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or any other protective doctrine (including, but not limited to, privacy rights), that party shall
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prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and
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specifying separately for each document or for each category of similarly situated documents:
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1. The name and job title or capacity of the author;
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2. The name and job title or capacity of each recipient;
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3. The date the document was prepared and, if different, the date(s)
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on which it was sent to or shared with persons other than its
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author(s);
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4. The title and description of the document;
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5. The subject matter addressed in the document;
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6. The purpose(s) for which it was prepared or communicated; and
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7. The specific basis for the claim that it is privileged.
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The privilege log will be produced as quickly as possible, but no later than 14 days after
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the discovery responses are due (in a rolling production, 14 days after each set of documents is
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produced), unless the parties stipulate or the Court orders otherwise in a particular case.
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d.

In responding to requests for documents and materials under Rule 34 of the

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Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served
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on all other parties the full extent to which they will produce materials and shall, promptly after
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the production, confirm in writing that they have produced all such materials so described that are
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locatable after a diligent search of all locations at which such materials might plausibly exist.
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2. MOTIONS
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The last day to file a motion, or stipulation and proposed order, to join other parties shall
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be July 14, 2016.
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The last day to file a motion, or stipulation and proposed order, to amend the pleadings
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shall be July 14, 2016.
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The deadline for Defendant to file a motion relating to patent ineligibility shall be July 19,
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2016. A hearing will be held on August 30, 2016 at 9:00 a.m.
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3. PATENT DISCLOSURES
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a.

The last day each party claiming infringement to serve "disclosure of

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asserted claims and infringement contentions" and produce or make available for inspection
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documents designated in Patent Local rule 3-2 was December 2, 2014.
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b.

The last day for opposing parties to serve "invalidity contentions" and

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produce or make available for inspections documents designated in Patent Local Rule 3-4 shall be
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August 5, 2016.
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5. CLAIM CONSTRUCTION
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a.

The last day for each party to simultaneously exchange proposed terms for

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construction and thereafter meet and confer pursuant to Patent Local Rule 4-1 shall be August 12,
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2016.
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b.

The last day for parties to exchange their preliminary claim construction

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and provide an identification of extrinsic evidence to support those constructions and thereafter a
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meet and confer about the exchange pursuant to Patent Local Rule 4-2 shall be September 9, 2016.
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c.

The last day to file a joint claim construction and prehearing statement

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pursuant to Patent Local Rule 4-3 shall be September 22, 2016.
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d.

The last day to complete discovery relating to claim construction pursuant

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to Patent Local Rule 4-4 shall be October 14, 2016.
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e.

The last day for each party alleging infringement to serve and file an

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opening claim construction brief shall be October 28, 2016.
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f.

The last day for each party alleging infringing party to serve and file its

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responsive claim construction brief shall be November 18, 2016.
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g.

The last day to serve and file a reply claim construction brief shall be

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November 25, 2016.
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h.

A tutorial shall be held on December 1, 2016 at 9:30 A.M. and the Claim

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Construction Hearing shall be held on December 14, 2016 at 9:30 A.M.
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6. PRETRIAL CONFERENCE AND TRIAL
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a.

A pretrial conference and trial date will be set following claim construction.

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Each party shall attend personally or by lead counsel who will try the case. The timing of
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disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures
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shall be governed by this order.
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b.

At least thirty (30) days prior to the date of the pretrial conference, lead

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counsel shall meet and confer regarding:
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(1) Preparation and content of the joint pretrial conference statement;
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(2) Preparation and exchange of pretrial materials to be served and lodged
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pursuant to paragraph 5(c) below; and
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(3) Settlement of the action.
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c.

At least twenty (20) days prior to the pretrial conference, counsel and/or

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parties shall:
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(1)

Serve and file a joint pretrial statement that includes the pretrial

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disclosures required by Federal Rule of Civil Procedure 26(a)(3) as
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well as the following supplemental information:
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(a)

The Action.

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(i)

Substance of the Action. A brief description of the

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substance of claims and defenses which remain to be
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decided.
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(ii)

Relief Prayed. A detailed statement of all the relief

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claimed, particularly itemizing all elements of damages
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claimed as well as witnesses, documents or other evidentiary
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material to be presented concerning the amount of those
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damages.
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(b)

The Factual Basis of the Action.

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(i)

Undisputed Facts. A plain and concise statement of

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all relevant facts not reasonably disputable, as well as which
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facts parties will stipulate for incorporation into the trial
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record without the necessity of supporting testimony or
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exhibits.
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(ii)

Disputed Factual Issues. A plain and concise

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statement of all disputed factual issues which remain to be
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decided.
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(iii)

Agreed Statement. A statement assessing whether all

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or part of the action may be presented upon an agreed
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statement of facts.
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(iv)

Stipulations. A statement of stipulations requested or

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proposed for pretrial or trial purposes.
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(c)

Disputed Legal Issues.

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Without extended legal argument, a concise statement of
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each disputed point of law concerning liability or relief,
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citing supporting statutes and decisions, and any procedural
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or evidentiary issues.
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(d)

Trial Preparation.

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(i)

Witnesses to Be Called. With regard to witnesses

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disclosed pursuant to Federal Rule of Civil Procedure
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26(a)(3)(A), a brief statement describing the substance of the
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testimony to be given.
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(ii)

Estimate of Trial Time. An estimate of the number

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of hours needed for the presentation of each party's
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case, indicating possible reductions in time through
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proposed stipulations, agreed statements of facts, or
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expedited means of presenting testimony and
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exhibits.
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(iii)

Use of Discovery Responses. Designate excerpts

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from discovery that the parties intend to present at
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trial, other than solely for impeachment or rebuttal,
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from depositions specifying the witness with page
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and line references, from interrogatory answers, or
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from responses to requests for admission.
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(e)

Trial Alternatives and Options.

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(i)

Settlement Discussion. A statement summarizing the

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status of settlement negotiations and indicating
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whether further negotiations are likely to be
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productive.
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(ii)

Amendments, Dismissals. A statement of requested

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or proposed amendments to pleadings or dismissals
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of parties, claims or defenses.
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(iii)

Bifurcation, Separate Trial of Issues. A statement of

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whether bifurcation or a separate trial of specific
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issues is feasible and desired.
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(f)

Miscellaneous.

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Any other subjects relevant to the trial of the action or
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material to its just, speedy and inexpensive determination.
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(2)

Serve and file trial briefs, motions in limine (including any motion

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regarding the qualifications or testimony of any expert witness),
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proposed voir dire questions, jury instructions, verdict forms and
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excerpts from discovery that will be offered at trial (include a copy
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of the deposition testimony or admission). The parties shall submit
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proposed jury instructions jointly. If there are any instructions on
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which the parties cannot agree, those instructions may be submitted
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separately;
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(3)

Serve and file an exhibit setting forth the qualifications and

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experience of each expert witness;
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(4)

Serve and file a list of each party's exhibits by numbers 1-500

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(plaintiff) or numbers 750-1250 (defendant), including a brief statement describing the substance
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and purpose of each exhibit and the name of the sponsoring witness;
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(5)

Exchange exhibits which shall be premarked (plaintiff shall use

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numbers 1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall be three-hole
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punched and shall be submitted in binders. Each exhibit shall be marked on the front page or on
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the back of the last page with the information contained in Exhibit A to this Order; and
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(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are

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not to be filed). The two sets of premarked exhibits shall be for Court use only. The parties shall
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bring a third set of their trial exhibits to trial to witnesses.
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No party shall be permitted to call any witness or offer any exhibit in its case in chief that
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is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the
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Court, by the above deadline, without leave of the Court and for good cause.
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d.

At least (10) days prior to the pretrial conference, after meeting and

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conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and
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file: (1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any
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objections to non-expert witnesses; (3) any objection to proposed voir dire questions, jury
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instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any
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opposition to a motion in limine. No replies shall be filed.
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e.

All motions in limine and objections shall be heard at the pretrial

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conference.
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6.

JURY TRIAL

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a.

Counsel shall submit an agreed upon set of voir dire questions to be posed

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by the Court. Any voir dire questions on which counsel cannot agree may be submitted
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separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.
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b.

The following jury instructions from the Manual of Model Civil Jury

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Instructions for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14,
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1.18, 2.11. Counsel shall submit jointly an agreed upon set of case specific instructions, using the
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Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any
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instructions on which counsel cannot agree may be submitted separately. Each requested
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instruction shall be typed in full on a separate page with citations to the authority upon which it is
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based and a reference to the party submitting it. A second blind copy of each instruction and
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verdict form shall also be submitted, omitting the citation to authority and the reference to the
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submitting party.
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7. All documents filed with the Clerk of the Court shall list the civil case number followed
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by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies
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shall be three-hole punched at the left side, suitable for insertion into standard binders. In
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addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be
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accompanied by a CD or USB flash drive containing a copy of the document in Microsoft Word
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format (*.docx).
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IT IS SO ORDERED.
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Dated: June 21, 2016
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______________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE
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EXHIBIT A

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

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Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case Number:

Case Number:

Case Number:

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PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

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Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

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United States District Court
Northern District of California

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Case Number:

Case Number:

Case Number:

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PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

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Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

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By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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