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

Filing 75

ORDER REGARDING THE PARTIES' JOINT DISCOVERY LETTER BRIEF; AMENDED SCHEDULING ORDER re 74 Joint Discovery Letter Brief filed by LivePerson, Inc. 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 May 17, 2016. (wsn, COURT STAFF) (Filed on 5/17/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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24/7 CUSTOMER, INC.,

Case No. 15-cv-02897-JST

Plaintiff,
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v.

ORDER REGARDING THE PARTIES'
JOINT DISCOVERY LETTER BRIEF;
AMENDED SCHEDULING ORDER

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LIVEPERSON, INC.,

Re: ECF No. 74

Defendant.

United States District Court
Northern District of California

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The parties in this patent case have submitted a joint discovery letter brief with their

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respective proposals for reducing the number of asserted claims and prior art references in this

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action. ECF No. 74. Having read the parties’ proposals and arguments, the Court adopts the

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proposal and schedule offered by 24/7 Customer, Inc.

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The Court hereby sets the following case deadlines:

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Event
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Deadline

Produce accused product source code in N.D. Cal.

May 20, 2016

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Invalidity contentions

June 20, 2016

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Exchange proposed terms for construction

July 4, 2016

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Exchange preliminary claim constructions and extrinsic
evidence

July 25, 2016

Joint claim construction statement

August 16, 2016

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Close of claim construction discovery

September 15, 2016

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Reduce asserted claims to 70 (no more than 8 claims per
patent)

September 15, 2016

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Event

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Deadline

Reduce asserted prior art references to 80 (no more than 10
references per patent)

September 29, 2016

Claim construction opening brief

September 30, 2016

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Claim construction responsive brief

October 14, 2016

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Claim construction reply brief

October 24, 2016

Tutorial

November 8, 2016 at
2:00 p.m.

Claim construction hearing

December 6, 2016 at
2:00 p.m.

Reduce asserted claims to 30 (no more than 4 claims per
patent)

28 days before expert
disclosures

Reduce asserted prior references to 40 (no more than five
references per patent)

Deadline for expert
disclosures

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United States District Court
Northern District of California

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Any request to increase the limits contained in this Order must specifically show why the

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inclusion of additional asserted claims or prior art references is warranted. See In re Katz

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Interactive Call Processing Patent Litig., 639 F.3d 1202, 1312–13 (Fed. Cir. 2011).

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Counsel may not modify these dates without leave of court. The parties shall also 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

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tutorial and the claim construction hearing, including but not limited to the permissible subjects of

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discussion at each, whether experts will testify, and what audio-visual equipment, if any, will be

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needed by the parties. They also shall exchange copies of any audio-visual material at least ten

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court days before they intend to use it in court, and shall bring any disputes regarding the format,

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scope, or content of any tutorial or hearing to the Court’s attention at least five court days before

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the tutorial or hearing. The Court will deem as waived any objection raised less than five court

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days before the tutorial or hearing. The parties shall lodge hard copies of their presentation

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materials with the Court on the day of the tutorial or claim construction hearing.

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The Court will reserve no more than two hours on its calendar for the tutorial, including a
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brief recess. The tutorial will not be reported by a court reporter.

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At claim construction, the Court will construe only the terms the parties identify in their

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Joint Claim Construction and Prehearing Statement as “most significant to the resolution of the

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case up to a maximum of 10.” Patent Local Rule 4-3(c). The Court will reserve no more than two

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and a half hours on its calendar for the claim construction hearing, including a brief recess. The

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Court prefers that the parties proceed term-by-term, with each party providing its views on each

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term before moving on to the next. The Court’s use of time limits means that the parties may not

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have the opportunity to present oral argument on every term they have submitted for construction,

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and the parties should prioritize their presentations accordingly.

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The parties must take all necessary steps to conduct discovery, compel discovery, hire

United States District Court
Northern District of California

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counsel, retain experts, and manage their calendars so that they can complete discovery in a timely

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manner and appear on the noticed and scheduled dates. All counsel must arrange their calendars

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to accommodate these dates, or arrange to substitute or associate in counsel who can.

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IT IS SO ORDERED.
Dated: May 17, 2016
______________________________________
JON S. TIGAR
United States District Judge

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