Zions Bancorporation v. U.S. Ethernet Innovations LLC

Filing 159

CASE MANAGEMENT ORDER. Reset Deadlines as to (685 in 4:10-cv-03724-CW) MOTION for Leave to File Third Party Complaint. Case Management Statement due by 5/30/2013. Motions due by 3/14/2013. Responses due by 3/28/2013. Replies due by 4/ 4/2013. Motion Hearing set for 4/18/2013 02:00 PM before Hon. Claudia Wilken. Further Case Management Conference / Motion Hearing set for 6/6/2013 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 2/19/2013. (Attachments: # 1 Standing Order for Pretrial Preparation)(ndr, COURT STAFF) (Filed on 2/19/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ZIONS BANCORPORATION,
Plaintiff,

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v.
U.S. ETHERNET INNOVATIONS, LLC,
Defendant.

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United States District Court
For the Northern District of California

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________________________________/
U.S. ETHERNET INNOVATIONS, LLC,
Plaintiff,

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v.
ACER, INC.; ACER AMERICA
CORPORATION; APPLE, INC.; ASUS
COMPUTER INTERNATIONAL; ASUSTEK
COMPUTER, INC.; DELL, INC.;
FUJITSU, LTD.; FUJITSU AMERICA,
INC.; GATEWAY, INC.; HEWLETT
PACKARD CO.; SONY CORPORATION;
SONY CORPORATION OF AMERICA; SONY
ELECTRONICS INC.; TOSHIBA
CORPORATION; TOSHIBA AMERICA,
INC.; and TOSHIBA AMERICA
INFORMATION SYSTEMS, INC.,
Defendants,
INTEL CORPORATION; NVIDIA
CORPORATION; MARVELL
SEMICONDUCTOR, INC.; ATHEROS
COMMUNICATIONS, INC.; and
BROADCOM CORPORATION,

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Intervenors.

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________________________________/

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No. C 10-3481 CW

No. C 10-3724 CW

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U.S. ETHERNET INNOVATIONS, LLC,

No. C 10-5254 CW

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Plaintiff,

CASE MANAGEMENT
ORDER

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United States District Court
For the Northern District of California

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v.
AT&T MOBILITY LLC; BARNES &
NOBLE, INC.; CLAIRE’S BOUTIQUES,
INC.; J. C. PENNEY COMPANY, INC.;
SALLY BEAUTY HOLDINGS, INC.; ANN
TAYLOR STORES CORPORATION; ANN
TAYLOR RETAIL, INC.; HARLEYDAVIDSON, INC.; HARLEY-DAVIDSON
MOTOR COMPANY, INC.; KIRKLAND’S
INC.; KIRKLAND’S STORES, INC.;
MACY’S, INC.; MACY’S RETAIL
HOLDINGS, INC.; MACY’S WEST
STORES, INC.; NEW YORK & COMPANY,
INC.; LERNER NEW YORK, INC.;
RADIOSHACK CORPORATION; RENT-ACENTER, INC.; and THE DRESS BARN,
INC.,
Defendants.
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AND ALL RELATED CLAIMS AND
COUNTERCLAIMS
________________________________/
This Order applies to the non-stayed portions of the above

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captioned cases only.

The Case Management Statement filed by the

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parties is hereby adopted by the Court as the Case Management
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Order for the case, except as may be noted below.
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The Court re-refers these actions to the Court’s Alternative
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Dispute Resolution (ADR) Multi-Option Program.
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Event

Date

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Deadline for any party who wishes to add
a party or claims and any non-party who
wishes to intervene to file a motion
seeking leave to do so

Thursday, March 14,
20131

Deadline for parties to meet and confer
in an attempt to agree on an alternative
dispute resolution (ADR) process and to
file an ADR Certification form and
appropriate stipulation or notice of
need for an ADR phone conference
pursuant to ADR Local Rule 3-5

Thursday, March 14, 2013

Oppositions due to motions to add a
party or claims or to intervene,
including Defendant Apple, Inc.’s motion
for leave to file a third party
complaint (Docket No. 685 in Case No.
10-3724)

Thursday, March 28, 2013

Replies due in support of motions to add
a party or claims or to intervene,
including Apple’s motion for leave

Thursday, April 4, 2013

Hearing on motions to add a party or
claims or to intervene, including
Apple’s motion for leave

Thursday, April 18, 2013
at 2:00 p.m.

Deadline for Defendants and Intervenors
to file a joint dispositive motion,
contained in a single brief of twentyfive pages or less, addressing the
application of the marking defense under
35 U.S.C. § 287 and whether recovery is
limited to nominal damages if Defendants
and Intervenors are able to prove
ultimately that the accused features
have been disabled for the entire time
period for which Plaintiff can pursue
damages

Thursday, April 25, 2013

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United States District Court
For the Northern District of California

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The Court notes that Plaintiff represents that it may file
“motions to supplement its infringement contentions to add
products identified as discovery begins and progresses.” Case
Management Statement, 9. Such motions, if they are filed after
this date and seek to add products that include chips supplied by
companies not already party to these suits or that would otherwise
implicate the technology of such companies, will be strongly
disfavored.
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Deadline for Plaintiff to file a
response, of twenty-five pages or less,
to Defendants’ and Intervenors’
dispositive motion regarding marking and
nominal damages

Thursday, May 9, 2013

Thursday, May 16, 2013

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Deadline for Defendants and Intervenors
to file a joint reply, in a single brief
of fifteen pages or less, in support of
their motion regarding marking and
nominal damages

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Case Management Statement due

Thursday, May 30, 2013

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Hearing on Defendants’ and Intervenors’
dispositive motion regarding marking and
nominal damages and further case
management conference

Thursday, June 6, 2013
at 2:00 p.m.

Deadline to complete ADR

November 15, 2013

Close of fact discovery

March 7, 2014

Deadline to disclose identities and
reports of expert witnesses

April 24, 2014

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Deadline to disclose identities and
reports of rebuttal expert witnesses

May 23, 2014

Close of expert discovery

June 4, 2014

Deadline for Plaintiff to file its
motion for judgment on the pleadings and
any other dispositive motion, contained
in a single brief of twenty-five pages
or less.

Thursday, June 26, 2014

Deadline for Defendants and Intervenors
to file their motion for summary
judgment on remaining issues and their
opposition to Plaintiff’s dispositive
motions, contained in a single joint
brief of twenty-five pages or less.

Thursday, July 10, 2014

Deadline for Plaintiff to file its reply
in support of its dispositive motion and
its opposition to Defendants’ and
Intervenors’ dispositive motion,
contained in a single brief of fifteen
pages or less.

Thursday, July 24, 2014

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United States District Court
For the Northern District of California

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Deadline for Defendants and Intervenors
to file their joint reply in support of
their dispositive motion, contained in a
single brief of fifteen pages or less.

Thursday, July 31, 2014

Case Management Statement due

Thursday, August 7, 2014

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Hearing on dispositive motions and
further case management conference

Thursday, August 14,
2014, at 2:00 p.m.

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Final pretrial conference

Wednesday, December 17,
2014, at 2:00 p.m.

Jury trial to begin
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Monday, January 5, 2015,
at 8:30 a.m.

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Discovery is governed by the Federal Rules of Civil Procedure

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United States District Court
For the Northern District of California

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and has already been referred to a discovery Magistrate Judge.

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any party seeks to conduct discovery that exceeds the limits set

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therein and is unable to obtain a stipulation to do so, it shall

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seek permission to do so from the discovery Magistrate Judge in

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compliance with her Standing Order.

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seek to impose additional limits on the amount of discovery to be

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conducted that are not set forth in the Federal Rules of Civil

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Procedure and they are unable to reach an agreement, they may

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raise the dispute with the discovery Magistrate Judge in

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compliance with her Standing Order.

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Similarly, if the parties

The Court’s Standing Order for Pretrial Preparation shall

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apply and is attached.

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IT IS SO ORDERED.

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Dated: 2/19/2013

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cc:

CLAUDIA WILKEN
United States District Judge

ADR

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If