Qurio Holdings, Inc. v. DirecTV , LLC

Filing 93

ORDER by Judge Haywood S. Gilliam, Jr. Re Scheduling and 91 Discovery Dispute. (ndrS, COURT STAFF) (Filed on 7/8/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 QURIO HOLDINGS, INC., Case No. 15-cv-01986-HSG Plaintiff, 8 ORDER RE SCHEDULING AND DISCOVERY DISPUTE v. 9 10 DIRECTV LLC, Re: Dkt. No. 91 Defendant. United States District Court Northern District of California 11 12 A case management conference was held on June 4, 2015. The Court directed the parties 13 to meet and confer in a good faith attempt to resolve their scheduling and discovery disputes. On 14 June 12, 2015, the parties filed a revised proposed schedule, on which they fully agree. Dkt. No. 15 90. Also on June 12, 2015, the parties filed a joint discovery letter brief addressing the proposed 16 two-stage reduction of asserted claims and corresponding prior art combinations and references, 17 which is the only outstanding discovery dispute. Dkt. No. 91. 18 Having reviewed the parties’ joint discovery letter brief and considered the arguments 19 therein, the Court within its discretion finds it appropriate to limit the number of asserted claims 20 and prior art as follows: 21  Initial Reduction. By October 14, 2015, Plaintiff Qurio Holdings, Inc. will elect up 22 to 30 claims from the patents-in-suit, with no per-patent limitation on the number 23 of claims that may be elected. By October 28, 2015, Defendant DirecTV LLC will 24 narrow its asserted prior art to no more than 30 combinations and no more than 42 25 references total. 26 27 28 The Court will determine the specific parameters of the second reduction of asserted claims and prior art following the issuance of a claim construction order in this case. 1 2 The Court sets the following case deadlines pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10: 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 Event Deadline to Complete Patent L.R. 3-1 Disclosures & Patent L.R. 3-2 Production Deadline to Complete Patent L.R. 3-3 Disclosures & Patent L.R. 3-4 Production Deadline to Amend Pleadings Deadline for Patent L.R. 4-1(a) Exchange of Proposed Terms for Construction Deadline for Patent L.R. 4-2(a), (b) Exchange of Preliminary Claim Constructions and Extrinsic Evidence Deadline for Initial Reduction of Asserted Claims Deadline to File Joint Claim Construction Statement Initial Reduction of Asserted Prior Art Date June 18, 2015 Close of Claim Construction Discovery November 20, 2015 Deadline for Plaintiff to File Opening Claim Construction Brief Deadline for Defendants to File Responsive Claim Construction Brief Deadline for Plaintiff to File Reply Claim Construction Brief Tutorial December 7, 2015 July 2, 2015 October 1, 2015 August 24, 2015 September 21, 2015 October 14, 2015 October 21, 2015 October 28, 2015 13 14 15 16 17 18 19 20 Claim Construction Hearing 21 December 21, 2015 January 4, 2016 Wednesday, January 27, 2016 2:30 p.m. 1.5 hours Wednesday, February 3, 2016 1:00 p.m. 3 hours 22 The parties shall meet and confer and submit a joint proposal regarding the second 23 reduction of asserted claims and prior art and the remainder of the case schedule within seven days 24 of the issuance of the claim construction order. 25 26 27 28 IT IS SO ORDERED. Dated: 7/8/2015 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 2

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