Lagree et al v. Spartacus 20th LP (NV) et al

Filing 36

SCHEDULING ORDER. Exchange of Initial Disclosures 1/26/2016. ADR Deadline 2/12/2016. Deadline to amend the pleadings 2/12/2016. Defendants Answer to Complaint 2/26/2016. Fact Discovery Opens 2/29/2016. Plaintiffs Disclosures of Asserted Clai ms and Infringement Contentions 4/22/2016. Defendants Invalidity Contentions 6/10/2016. Exchange of Proposed Terms for Construction 6/24/2016. Exchange of Preliminary Claim Constructions 7/22/2016. Joint Claim Construction and Prehearing Statemen t 8/5/2016. Completion of Claim Construction Discovery 9/9/2016. Plaintiffs Opening Claim Construction Brief 9/23/2016. Defendants Claim Construction Responsive 10/7/2016. Plaintiffs Claim Construction Reply Brief 10/21/2016. Tutorial Hearing se t for 11/1/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Claims Construction Hearing set for 11/15/2016 at 1:30 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on January 21, 2016. (wsn, COURT STAFF) (Filed on 1/21/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SEBASTIEN LAGREE, et al.,

Case No. 15-cv-04592-JST

Plaintiffs,
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v.

SCHEDULING ORDER

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SPARTACUS 20TH LP (NV), et al.,

United States District Court
Northern District of California

Defendants.
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The Court hereby sets the following case deadlines pursuant to Federal Rule of Civil
Procedure 16 and Civil Local Rule 16-10:

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Event

Deadline

Exchange of Initial Disclosures

January 26, 2016

ADR Deadline

February 12, 2016

Deadline to amend the pleadings

February 12, 2016

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Defendants’ Answer to Complaint

February 26, 2016

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Fact Discovery Opens

February 29, 2016

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Plaintiffs’ Disclosures of Asserted Claims and Infringement
Contentions Pursuant to Patent L.R. 3-1 and Accompanying
Document Production Pursuant to Patent L.R. 3-2

April 22, 2016

Defendants’ Invalidity Contentions Pursuant to Patent L.R. 3-3
and Accompanying Document Production Pursuant to Patent
L.R. 3-4

June 10, 2016

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Event

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United States District Court
Northern District of California

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Deadline

Exchange of Proposed Terms for Construction Pursuant to
Patent L.R. 4-1

June 24, 2016

Exchange of Preliminary Claim Constructions and Extrinsic
Evidence Pursuant to Patent L.R. 4-2

July 22, 2016

Joint Claim Construction and Prehearing Statement Pursuant to
Patent L.R. 4-3

August 5, 2016

Completion of Claim Construction Discovery Pursuant to Patent
L.R. 4-4

September 9, 2016

Plaintiffs’ Opening Claim Construction Brief Pursuant to Patent
L.R. 4-5(a)

September 23, 2016

Defendants’ Claim Construction Responsive Brief Pursuant to
Patent L.R. 4-5(b)

October 7, 2016

Plaintiffs’ Claim Construction Reply Brief pursuant to Patent
L.R. 4-5(c)

October 21, 2016

Claim construction tutorial

November 1, 2016 at
2:00 p.m. (2 hours)

Claim construction hearing

November 15, 2016
at 1:30 p.m. (2.5
hours)

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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

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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 2 hours on its calendar for the tutorial, including a
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 on

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

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

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

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

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United States District Court
Northern District of California

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the parties should prioritize their presentations accordingly.
The parties must take all necessary steps to conduct discovery, compel discovery, hire

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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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Dated: January 21, 2016

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_________________________
_______________________________________
JON S. TIGAR
United States District Judge

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