e.Digital Corporation v. MivaTek International, Inc.

Filing 29

SCHEDULING ORDER. Deadline to Exchange of Initial Disclosures 4/27/2016. Plaintiff's Disclosure of Asserted Claims and Infringement Contentions to include Document Production Accompanying Disclosure 5/11/2016. Deadline for Defendant's Preliminary Invalidity Contentions 6/24/2016. Deadline to Exchange of Proposed Terms for Construction 7/8/2016. Deadline to Exchange of Preliminary Claim Constructions and Identification of Extrinsic Evidence 7/29/2016. Deadline to File Joint Cla im Construction and Prehearing Statement 8/19/2016. Claim Construction Discovery Ends 9/16/2016. Opening Claim Construction Brief 10/7/2016. Responsive Claim Construction Brief 10/21/2016. Reply Claim Construction Brief 10/28/2016. Tutorial Hear ing set for 11/14/2016 at 1:30 PM in Courtroom 9, 19th Floor, San Francisco. Claims Construction Hearing set for 11/28/2016 at 1:30 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 27, 2016. (wsn, COURT STAFF) (Filed on 4/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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E.DIGITAL CORPORATION,

Case No. 15-cv-05795-JST

Plaintiff,
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v.

SCHEDULING ORDER

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MIVATEK INTERNATIONAL, INC.,

United States District Court
Northern District of California

Defendant.
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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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Deadline

Deadline to Exchange of Initial Disclosures

April 27, 2016

Plaintiff’s Disclosure of Asserted Claims and Infringement
Contentions to include Document Production Accompanying
Disclosure

May 11, 2016

Deadline to File Motion to Amend Pleadings and/or Add Parties

30 days after
Markman Order

Deadline for Defendant’s Preliminary Invalidity Contentions

June 24, 2016

Deadline to Exchange of Proposed Terms for Construction

July 8, 2016

Deadline to Exchange of Preliminary Claim Constructions and
Identification of Extrinsic Evidence

July 29, 2016

Deadline to File Joint Claim Construction and Prehearing
Statement

August 19, 2016

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Event

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Claim Construction Discovery Ends

September 16, 2016

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Opening Claim Construction Brief

October 7, 2016

Responsive Claim Construction Brief

October 21, 2016

Reply Claim Construction Brief

October 28, 2016

Technology Tutorial

November 14, 2016
at 1:30 p.m.

Claim Construction Hearing

November 28, 2016
at 1:30 p.m.

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Deadline

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United States District Court
Northern District of California

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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 2.5

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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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the parties should prioritize their presentations accordingly.

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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: April 27, 2016

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_____________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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