24/7 Customer, Inc. v. LivePerson, Inc.

Filing 204

STIPULATION AND ORDER re (202 in 3:15-cv-02897-JST) STIPULATION WITH PROPOSED ORDER CHANGING DATES FOR SUMMARY JUDGMENT OPPOSITION AND REPLY BRIEFS filed by LivePerson, Inc. Signed by Judge Jon S. Tigar on July 27, 2018. (wsn, COURT STAFF) (Filed on 7/27/2018)

1
2
3
4

Michael W. De Vries (State Bar No. 211001)
[e-mail]
Sharre S. Lotfollahi (State Bar No. 258913)
[e-mail]
KIRKLAND & ELLIS, LLP
333 South Hope Street, 29th Floor
Los Angeles, CA 90071
Telephone: [phone]

5
6
7
8
9
10
11
12

Adam R. Alper (State Bar No. 196834)
[e-mail]
James W. Beard (State Bar No. 267242)
[e-mail]
KIRKLAND & ELLIS, LLP
555 California Street
San Francisco, CA 94104
Telephone: [phone]
Joshua L. Simmons (pro hac vice)
[e-mail]
KIRKLAND & ELLIS, LLP
601 Lexington Ave.
New York, NY 10169
Telephone: [phone]

Darin W. Snyder (State Bar No. 136003)
[e-mail]
Mark E. Miller (State Bar No. 130200)
[e-mail]
Geoffrey H. Yost (State Bar No. 159687)
[e-mail]
Alexander B. Parker (State Bar No. 264705)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: [phone]
Facsimile: [phone]
Attorneys for [24]7.ai, INC. and 24/7
CUSTOMER INTERNATIONAL HOLDINGS,
LTD.

13
Attorneys for LIVEPERSON, INC.
14
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

15
16
17

[24]7.ai, INC. AND 24/7 CUSTOMER
INTERNATIONAL HOLDINGS, LTD.,

18
19
20

Plaintiffs,
v.

Defendant.
LIVEPERSON, INC.,

23
24
25
26

JOINT CASE MANAGEMENT
STATEMENT

LIVEPERSON, INC.,

21
22

Case No. 3:15-CV-02897-JST (KAW) (lead)
Case No. 3:15-CV-05585-JST (KAW)

Case No. 3:17-CV-01268-JST
Plaintiff,

v.

JOINT CASE MANAGEMENT
STATEMENT

[24]7.ai, INC.
Defendant.

27
28
JOINT CASE MANAGEMENT STATEMENT

CASE NOS. 3:17-CV-01268-JST; 3:15-CV-02897-JST
(KAW); 3:15-CV-05585-JST (KAW)

1

Pursuant to the Court’s July 19 Scheduling Order (Dkt. 415), LivePerson, Inc.

2

(“LivePerson”) and [24]7.ai, Inc. and 24/7 Customer International Holdings, Ltd. (collectively,

3

“[24]7”) have conferred and respectfully submit this Joint Case Management Statement and

4

proposed schedule for consideration by the Court.

5

Subject to the Court’s approval, and in accordance with the Court’s Scheduling Order, the

6

parties select April 1, 2019 as the date for the beginning of the first trade secret trial. The parties

7

further propose delaying the remaining events in the patent action and relating to the second trade

8

secret trial, so that the events in the patent action can proceed after the first trade secret trial is

9

complete. In addition, the parties request advancing the Daubert briefing schedule relating to the

10

first trade secret trial by two weeks so that the Daubert briefing schedule does not overlap with

11

the October 25, 2018 summary judgment hearing.

12
13

The parties propose the following schedule:
Event

Current / Previous Date

14

Proposed Revised / New
Date

Daubert motion deadline for issues to October 11, 2018
be addressed in the first trade secret
Set by Scheduling Order
trial

September 28, 2018

Daubert opposition deadline for
issues to be addressed in the first
trade secret trial

October 25, 2018
Set by Scheduling Order

October 12, 2018

Daubert reply deadline for issues to
be addressed in the first trade secret
trial

November 1, 2018
Set by Scheduling Order

October 19, 2018

21

Hearing on Defendant [24]7.ai, Inc.’s
motion for summary judgment in the
first trade secret trial

October 25, 2018 at 2:00
p.m.
Set by Scheduling Order

October 25, 2018 at 2:00
p.m.

22

Daubert hearing

November 29, 2018 at
2:00 p.m.
Set by Scheduling Order

November 29, 2018 at
2:00 p.m.

15
16
17
18
19
20

23
24

Deadline for in limine motions for the October 9, 2018
first trade secret trial

February 8, 2019

Joint pretrial statement for the first
trade secret trial due

September 25, 2018

March 5, 2019

26
27

Pretrial conference for the first trade
secret trial

November 2, 2018 at 2:00 March 15, 2019 at 2:00
p.m.
p.m.

25

28
JOINT CASE MANAGEMENT STATEMENT

1

CASE NOS. 3:17-CV-01268-JST; 3:15-CV02897-JST (KAW); 3:15-CV-05585-JST (KAW)

1
2

Event

Current / Previous Date

Proposed Revised / New
Date

Parties to deliver three sets of premarked exhibits to the Courtroom
Deputy for the first trade secret trial

November 16, 2018

March 25, 2019

The first trade secret trial

Begins November 26,
2018 at 8:30 a.m.

April 1, 2019 at 8:00 a.m.

[24]7 to re-select no more than four
asserted claims per patent for patent
trial

January 31, 2019

April 25, 2019

LivePerson to reduce asserted prior
art references to no more than five
per patent to be tried

February 15, 2019

May 2, 2019

Deadline for opening expert reports
for the patent case

February 28, 2019

May 16, 2019

10
11

Deadline for rebuttal expert reports
for the patent case

March 21, 2019

June 6, 2019

12

April 4, 2019

June 21, 2019

13

Close of expert discovery for the
patent case
Last day to file motions to compel
expert discovery for the patent case

April 12, 2019

June 28, 2019

14
15

Deadline for dispositive motions in
the patent case

April 25, 2019

July 11, 2019

16

Deadline for oppositions to
dispositive motions for the patent
case

May 9, 2019 (or two
weeks after dispositive
motions are filed)

July 25, 2019 (or two
weeks after dispositive
motions are filed)

Deadline for replies supporting
dispositive motions for the patent
case

May 16, 2019 (or one
August 1, 2019 (or one
week after oppositions are week after oppositions are
filed)
filed)

Daubert motion deadline for the
patent case

May 30, 2019

August 8, 2019

Daubert opposition deadline for the
patent case

June 13, 2019 (or two
weeks after Daubert
motions are filed)

August 22, 2019 (or two
weeks after Daubert
motions are filed)

Daubert reply deadline for the patent
case

June 20, 2019 (or one
August 29, 2019 (or one
week after oppositions are week after oppositions are
filed)
filed)

3
4
5
6
7
8
9

17
18
19
20
21
22
23
24
25

September 12, 2019

26

Deadline for in limine motions for the July 9, 2019
patent case

27

Joint pretrial statement for the patent
case

October 15, 2019

July 2, 2019

28
JOINT CASE MANAGEMENT STATEMENT

2

CASE NOS. 3:17-CV-01268-JST; 3:15-CV02897-JST (KAW); 3:15-CV-05585-JST (KAW)

1
2

Event

Current / Previous Date

Proposed Revised / New
Date

Pretrial conference for the patent case July 26, 2019, subject to
the Court’s availability
and convenience

October 25, 2019 at 2:00
p.m., subject to the Court’s
availability and
convenience

July 30, 2019

December 2, 2019

6

Parties to deliver three sets of premarked exhibits to the Courtroom
Deputy for patent trial

7

The patent trial

Begins August 5, 2019 at
8:30 a.m., subject to the
Court’s availability and
convenience

December 9, 2019 at 8:00
a.m., subject to the Court’s
availability and
convenience

LivePerson to identify up to 15 trade
secrets that will be addressed in the
second trade secret trial

August 30, 2019

December 16, 2019

Deadline for dispositive motions and
Daubert motions covering issues to
be addressed in the second trade
secret trial

October 1, 2019

January 23, 2020

Deadline for oppositions to
dispositive motions and Daubert
motions covering issues to be
addressed in the second trade secret
trial

October 15, 2019 (or two
weeks after dispositive
motions are filed)

February 6, 2020 (or two
weeks after dispositive
motions are filed)

Deadline for replies supporting
dispositive motions and Daubert
motions covering issues to be
addressed in the second trade secret
trial

October 22, 2019 (or one February 13, 2020 (or one
week after oppositions are week after oppositions are
filed)
filed)

3
4
5

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Deadline for in limine motions for the December 10, 2019
second trade secret trial

February 27, 2020

Joint pretrial statement for the second
trade secret trial due

November 22, 2019

March 17, 2020

Pretrial conference for the second
trade secret trial

December 13, 2019,
subject to the Court’s
availability and
convenience

March 27, 2020 at 2:00
p.m., subject to the Court’s
availability and
convenience

25
26
27
28
JOINT CASE MANAGEMENT STATEMENT

3

CASE NOS. 3:17-CV-01268-JST; 3:15-CV02897-JST (KAW); 3:15-CV-05585-JST (KAW)

1
2

Event

Current / Previous Date

Proposed Revised / New
Date

January 22, 2020

April 6, 2020

4

Parties to deliver three sets of premarked exhibits to the Courtroom
Deputy for the second trade secret
trial

5

The second trade secret trial

Begins February 3, 2020
at 8:30 a.m., subject to the
Court’s availability and
convenience

April 13, 2020 at 8:00
a.m., subject to the Court’s
availability and
convenience

3

6
7
8
9
Dated: July 26, 2018
10

KIRKLAND & ELLIS LLP

11
12
13

By:

14

/s/ Michael W. De Vries
Michael W. De Vries

Attorneys for LivePerson, Inc.

15
16
17

Dated: July 26, 2018
O’MELVENY & MYERS LLP
18
19
By:

20

S

TA

C

RT
U
O

21

/s/ Darin W. Snyder
ISTRIC
Darin W.ES D
T
T Snyder

24

NO
RT

ER

Ti ga r

27
28
JOINT CASE MANAGEMENT STATEMENT

4

A

H

26

n S.
J u d ge J o

LI

25

R NIA

23

ERED

O ORD
IT IS S

FO

UNIT
ED

Attorneys for [24]7.ai, Inc. and 24/7 Customer
International Holdings, Ltd.

22

N

D IS T IC T
R

OF

C

CASE NOS. 3:17-CV-01268-JST; 3:15-CV02897-JST (KAW); 3:15-CV-05585-JST (KAW)

1

ATTESTATION: Pursuant to Local Rule 5-1(i)(3) I hereby attest that concurrence in the filing

2

of this document has been obtained from Darin Snyder.

3
By:

4

/s/ Michael W. De Vries
Michael W. De Vries

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT CASE MANAGEMENT STATEMENT

5

CASE NOS. 3:17-CV-01268-JST; 3:15-CV02897-JST (KAW); 3:15-CV-05585-JST (KAW)