24/7 Customer, Inc. v. LivePerson, Inc.
Filing
73
AMENDED SCHEDULING ORDER. Invalidity Contentions (Patent L.R. 3-3) 6/20/2016. Exchange of Proposed Terms for Construction (Patent L.R. 4-1) 7/4/2016. Exchange Preliminary Claim Constructions and Extrinsic Evidence (Patent L.R. 4-2) 7/25/2016. Joint Claim Construction and Prehearing Statement (Patent L.R. 4-3) 8/16/2016. Close of Claim Construction Discovery (Patent L.R. 4-4) 9/15/2016. Opening Claim Construction Brief (Patent L.R. 4-5) 9/30/2016. Responsive Claim Construction Brief (Pa tent L.R. 4-5) 10/14/2016. Reply Claim Construction Brief (Patent L.R. 4-5) 10/24/2016. Tutorial Hearing set for 11/8/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Claims Construction Hearing set for 12/6/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 18, 2016. (wsn, COURT STAFF) (Filed on 4/18/2016)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
24/7 CUSTOMER, INC.,
Case No. 15-cv-02897-JST
Plaintiff,
9
v.
AMENDED SCHEDULING ORDER
10
11
LIVEPERSON, INC.,
United States District Court
Northern District of California
Defendant.
12
13
In light of the Court’s prior order, which granted Defendant LivePerson, Inc.’s motion to
14
enlarge the time to serve invalidity contentions, the Court hereby amends the remaining case
15
schedule as follows:
16
17
Event
Deadline
Invalidity Contentions (Patent L.R. 3-3)
June 20, 2016
19
Exchange of Proposed Terms for Construction (Patent L.R. 4-1)
July 4, 2016
20
Exchange Preliminary Claim Constructions and Extrinsic
Evidence (Patent L.R. 4-2)
July 25, 2016
Joint Claim Construction and Prehearing Statement (Patent L.R.
4-3)
August 16, 2016
Close of Claim Construction Discovery (Patent L.R. 4-4)
September 15, 2016
Opening Claim Construction Brief (Patent L.R. 4-5)
September 30, 2016
Responsive Claim Construction Brief (Patent L.R. 4-5)
October 14, 2016
Reply Claim Construction Brief (Patent L.R. 4-5)
October 24, 2016
18
21
22
23
24
25
26
27
28
Event
1
2
Deadline
Tutorial
November 8, 2016 at
2:00 p.m.
Claim construction hearing
December 6, 2016 at
2:00 p.m.
Last day to hold the ADR private mediation session
60 days after the
Court issues a Claim
Construction Order
3
4
5
6
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
days before the tutorial or hearing. The parties shall lodge hard copies of their presentation
materials with the Court on the day of the tutorial or claim construction hearing.
The Court will reserve no more than two 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
Joint Claim Construction and Prehearing Statement as “most significant to the resolution of the
case up to a maximum of 10.” Patent L.R. 4-3(c). The Court will reserve no more than two-anda-half hours on its calendar for the claim construction hearing, including a brief recess. The Court
prefers that the parties proceed term-by-term, with each party providing its views on each term
before moving on to the next. The Court’s use of time limits means that the parties may not have
the opportunity to present oral argument on every term they have submitted for construction, and
the parties should prioritize their presentations accordingly.
2
1
The parties must take all necessary steps to conduct discovery, compel discovery, hire
2
counsel, retain experts, and manage their calendars so that they can complete discovery in a timely
3
manner and appear on the noticed and scheduled dates. All counsel must arrange their calendars
4
to accommodate these dates, or arrange to substitute or associate in counsel who can.
5
Dated: April 18, 2016
6
7
_______________________________________
JON S. TIGAR
United States District Judge
8
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?