Mformation Technologies, Inc. v. Research in Motion Limited et al

Filing 901

ORDER requiring joint production of pretrial materials. Signed by Judge James Ware on June 6, 2012. (jwlc2, COURT STAFF) (Filed on 6/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Mformation Techs., Inc.,

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NO. C 08-04990 JW

Plaintiff,

ORDER REQUIRING JOINT
PRODUCTION OF PRETRIAL
MATERIALS

v.
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Defendants.
For the Northern District of California

United States District Court

Research in Motion Ltd., et al.,
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/

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This case is scheduled for a Final Pretrial Conference on June 11, 2012, with jury selection
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set to take place on June 14, 2012. In order to prepare for the upcoming trial, the Court ORDERS
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the following:
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(1)
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On or before June 11, 2012, the parties shall meet and confer and produce a joint
timeline1 showing the undisputed facts in this case.

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(2)

On or before June 11, 2012, the parties shall meet and confer and produce a joint

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chart showing the remaining claims and defenses to be tried. The entries on the chart
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shall each include citations to the docket. Below is an example of the type of chart
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required:
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The timeline shall depict the chronology along a horizontal axis.

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Damages4

Defense Asserted5

Patent

Stipulated

Accused

Claim/Elements

Construction/

Product2 as

Basis for

Court

to Each

Defense6

Construction

Defendant3

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‘000 Patent, Claim 1

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an apparatus

apparatus means: “a

Riverside

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comprising

device which. . .”

Model 2

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1. a handle

“handle” means a

Riverside

the product lacks a

part held by the

Model 2

handle

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human hand

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For the Northern District of California

United States District Court

Factual

In addition, upon review of the pleadings, it appears that Defendants have asserted

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counterclaims that have never been subject to any motion practice. Insofar as the parties believe that

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any counterclaims remain to be tried, the parties shall indicate such counterclaims. Otherwise,

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Defendants shall confirm that no counterclaims remain to be tried.

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As to each essential limitation of the claims remaining for trial, Plaintiff shall identify the
component of the accused product that allegedly infringes each limitation. Further, as to each
limitation and each component, Plaintiff shall identify whether the alleged infringement is direct or
indirect, and if indirect, whether it is inducing or contributing.
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As to each Defendant, Plaintiff shall identify whether it alleges that the Defendant willfully
infringed.
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Plaintiff shall indicate, as to each Defendant, whether the damages alleged are based on
reasonable royalties, lost profits, or both.
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Defendants shall identify each ground upon which they contend that the patent is invalid.
Insofar as Defendants contend that the patent is invalid on the basis of anticipation, Defendants shall
identify each prior art reference pertinent to that claim. Further, insofar as Defendants contend that
the patent is invalid on the basis of obviousness, Defendants shall identify each reference pertinent
to that claim.
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As to any allegation that the accused product does not infringe an essential limitation of the
claim, Defendants shall identify the limitation and summarize why they contend that the accused
product does not infringe.

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The parties shall lodge the original and bring five (5) copies of the requested materials to the
June 11 Conference.

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Dated: June 6, 2012
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Aaron D. Charfoos [e-mail]
Allen A. Arntsen [e-mail]
Amardeep Lal Thakur [e-mail]
Christopher R. Liro [e-mail]
Eugene Goryunov [e-mail]
Jessica Christine Kaiser [e-mail]
Justin E. Gray [e-mail]
Linda S. DeBruin [e-mail]
Lisa Marie Noller [e-mail]
Marc Howard Cohen [e-mail]
Maria A. Maras [e-mail]
Meredith Zinanni [e-mail]
Michael Anthony Parks [e-mail]
Michael Daley Karson [e-mail]
Michael S Feldberg [e-mail]
Shawn Edward McDonald [e-mail]
Tiffany Patrice Cunningham [e-mail]

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Dated: June 6, 2012
For the Northern District of California

United States District Court

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Richard W. Wieking, Clerk

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By:

/s/ JW Chambers
William Noble
Courtroom Deputy