Comcast Cable Communications, LLC v. OpenTV, Inc. et al

Filing 82

CASE MANAGEMENT ORDER RE PILOT SUMMARY JUDGMENT MOTIONS. Signed by Judge Alsup on 3/13/2017. Motions due by 6/26/2017. (whalc2, COURT STAFF) (Filed on 3/13/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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COMCAST CABLE
COMMUNICATIONS, LLC,
Plaintiff,

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No. C 16-06180 WHA

v.

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OPENTV, INC., and NAGRAVISION SA,

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CASE MANAGEMENT
ORDER RE PILOT SUMMARY
JUDGMENT MOTIONS

Defendants.
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In this patent action for declaratory judgment of non-infringement, in which over one

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hundred claims from 13 patents are asserted against plaintiff Comcast Cable Communications,

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LLC’s accused products and services, the following procedure shall be used to more quickly

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and efficiently reach the merits. For this procedure, defendants and patent owners OpenTV,

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Inc., and Nagravision SA shall select one — and only one — claim, presumably their strongest

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case for infringement. Plaintiff and accused infringer Comcast shall also select one — and only

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one — claim, presumably its strongest case for non-infringement or invalidity. Each side shall

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then move for summary judgment on its chosen claim, to be heard on the normal 35-day track.

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Once Comcast files its motion, OpenTV and Nagravision may not “withdraw” their chosen

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claim, so they should take care to assert only claims they expect to win on.

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The Court has reviewed the parties’ jointly proposed schedule for these early summary
judgment motions (Dkt. No. 78). The proposed schedule and deadlines are hereby incorporated

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into and deemed a part of this order. To be clear, however, this order does not obviate or

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otherwise alter the parties’ obligations under the Federal Rules of Civil Procedure, our Civil

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Local Rules, or our Patent Local Rules as to any claims other than the ones chosen for early

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summary judgment. For example, any disclosures due thereunder must be timely made in full

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as to all hundred-plus claims in suit. And, because “[t]he parties disagree on the scope of early

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summary judgment motions” (id. at 3), this order further clarifies that each side’s early

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summary judgment motion should be as to all issues — including infringement, invalidity, or

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both — for its chosen claim. The outcome of this exchange may (or may not) warrant an

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injunction (if the asserted claims are as strong as OpenTV and Nagravision say) or terminating
or other sanctions (if the asserted claims are as weak as Comcast says). Those potential

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For the Northern District of California

United States District Court

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remedies will be litigated soon after the motions for summary judgment are decided (depending,

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of course, on the outcome). In addition to adjudicating the chosen claims on their merits and

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indicating the relative strengths (or weaknesses) of both sides’ positions, this procedure will

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further serve to educate the undersigned judge about the overall technology at issue.

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Both sides shall please refrain from attempting to delay this procedure on the basis that

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more discovery is needed. OpenTV and Nagravision have had ample opportunity before this

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point to reverse engineer the Comcast technology in question, and are in an even better position

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to do so now that discovery is already underway in the ordinary course of this litigation. This

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case management order does not interfere with the existing discovery schedule, but no requests

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for extensions purportedly necessary in light of that schedule will be entertained.

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Pursuant to the parties’ proposed schedule, the early motions for summary judgment

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must be filed by JUNE 26, to be heard on AUGUST 3. If issues of fact prevent summary

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judgment, then we will have a trial on the disputed points soon thereafter, approximately three

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weeks after the hearing. Both sides shall please plan their calendars accordingly.

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IT IS SO ORDERED.

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Dated: March 13, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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