International Test Solutions, Inc v. MIPOX International Corporation et al

Filing 32

CASE MANAGEMENT SCHEDULING ORDER, Case referred to mediation. Markman Hearing set for 1/30/2017 at 10:00 AM. Signed by Judge Richard Seeborg on 5/26/16. (cl, COURT STAFF) (Filed on 5/26/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

INTERNATIONAL TEST SOLUTIONS,
INC,
Plaintiff,

8

11

CASE MANAGEMENT SCHEDULING
ORDER

v.

9
10

Case No. 16-cv-00791-RS

MIPOX INTERNATIONAL
CORPORATION, et al.,

United States District Court
Northern District of California

Defendants.
12
13

Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a Case

14

Management Conference on May 26, 2016. After considering the Joint Case Management

15

Statement submitted by the parties and consulting with the attorneys of record for the parties and

16

good cause appearing, IT IS HEREBY ORDERED THAT:

17

1.

18

MEDIATION: The parties are hereby REFERRED to the court’s ADR department for the

19

ALTERNATIVE DISPUTE RESOLUTION.

purpose of engaging in panel mediation to take place, ideally, within the next 120 days.

20

2.

21

The deadline to amend the pleadings without seeking leave from the Court shall be

22

October 31, 2016. After that date, any amendment of the pleadings shall be governed by Rule 15

23

of the Federal Rules of Civil Procedure.

24
25
26

3.

AMENDING THE PLEADINGS.

DISCOVERY.
A. Depositions

(a) Fact Witnesses – Each side shall be limited to seventy (70) hours of

27

deposition testimony of party and non-party fact witnesses. The deposition time of testifying

28

experts is not included within the total amount of deposition time allowed to each side. No witness

1

may be deposed in their personal capacity for more than seven (7) hours, which shall be completed

2

in a single day, unless otherwise agreed by the parties. Unless otherwise agreed to by the parties,

3

no witness shall provide more than seven (7) hours of deposition testimony in one (1) day. The

4

total testimony time of a witness who testifies in both a personal capacity and under Fed. R. Civ.

5

P. 30(b)(6) shall not exceed ten (10) hours, unless otherwise agreed to by the parties or with a

6

showing of good cause for why additional time is needed. The depositions of non-English

7

speaking fact witnesses will only count as half-time against the total hours allotment. Additionally,

8

no witness requiring translation shall be deposed for more than fourteen (14) hours unless agreed

9

upon by the parties. Depositions shall take place in the United States, and employees of an affiliate

10

United States District Court
Northern District of California

11

of a Party shall be treated as a witness of that Party.
(b) Experts – Each deposition of an expert witness shall be limited to seven (7) hours,

12

except that if an expert is testifying on both validity/invalidity and infringement/noninfringement,

13

then the expert may be deposed for up to seven (7) hours regarding the topic of validity/invalidity

14

and up to seven (7) hours regarding the topic of infringement/noninfringement. Testifying experts

15

are not included within the total hours of depositions specified above at 8(c)(1)(a).

16

(c) Claim Construction Discovery – Each witness identified in the Joint Claim

17

Construction and Prehearing Statement under Patent L.R. 4-3(e) may be deposed for up to five (5)

18

hours regarding the topic of claim construction, including each opinion to be offered related to

19

claim construction and the basis of that opinion. Deposition time for each such witness is not

20

included within the total hours of depositions specified above at 8(C)(1)(a).
B. Interrogatories

21
22
23

Each party may serve up to 25 interrogatories on each opposing party consistent with Fed.
R. Civ. P. 33.
C. Requests for Admission

24
25
26
27

Each party shall be limited to 100 requests for admission with respect to substantive
matters.
D. Requests for Production
CASE MANAGEMENT SCHEDULING ORDER
CASE NO. 16-cv-00791-RS

28
2

1

Each party shall be limited to a reasonable number of requests for production of documents

2

or for inspection.

3

4.

4

Discovery disputes will be referred to a Magistrate Judge. After the parties have met and

5

conferred, the parties shall prepare a joint letter of not more than 5 pages explaining the dispute.

6

Up to 12 pages of attachments may be added. The joint letter must be electronically filed under

7

the Civil Events category of “Motions and Related Filings > Motions--General > Discovery Letter

8

Brief.” The Magistrate Judge to whom the matter is assigned will advise the parties of how that

9

Judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal briefing, or

DISCOVERY DISPUTES.

set a telephone conference or a hearing. After a Magistrate Judge has been assigned, all further

11
United States District Court
Northern District of California

10

discovery matters shall be filed pursuant to that Judge’s procedures.

12

5.

SCHEDULING

13

The case will be scheduled as follows:

14



Disclosure of asserted claims and infringement
contentions and supporting documents:

15

June 9, 2016

16



Invalidity contentions and supporting documents:

July 25, 2016

17



Exchange of proposed terms for construction:

August 8, 2016

18



Exchange of preliminary claim constructions and
extrinsic evidence:

19

August 29, 2016

20



Joint claim construction and prehearing statement:

September 26, 2016

21



Complete claim construction discovery:

October 26, 2016

22



Markman hearing:

January 30, 2017, at
10:00 a.m.

23
24
25

IT IS SO ORDERED.

26
27

Dated: May 26, 2016
CASE MANAGEMENT SCHEDULING ORDER
CASE NO. 16-cv-00791-RS

28
3

1
2

______________________________________
RICHARD SEEBORG
United States District Judge

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
CASE MANAGEMENT SCHEDULING ORDER
CASE NO. 16-cv-00791-RS

28
4