Abaxis, Inc. v. Cepheid

Filing 199

CASE MANAGEMENT ORDER. Signed by Judge Lucy H. Koh on 7/20/2012. (lhklc4, COURT STAFF) (Filed on 7/20/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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Abaxis, Inc.
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Plaintiff-Counterdefendant,
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v.

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Cepheid,

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Defendant-Counterclaimant.

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United States District Court
For the Northern District of California

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Case No.: 10-CV-2840-LHK

CASE MANAGEMENT ORDER

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Clerk: Martha Parker Brown
Reporter: Lee-Anne Shortridge

Plaintiff Attorneys: Ricardo Rodriguez, Lam Nguyen
Defendant Attorneys: Steven Carlson, Rebecca Grant,
Jonathan Singer

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A further case management conference was held on July 19, 2012.
The Court held a hearing on Abaxis’s motion for relief from Magistrate Judge Lloyd’s
April 9, 2012 order denying Abaxis’s March 1, 2012 motion for leave to amend its infringement
contentions, including its willfulness contentions. In the fall of 2011, the parties discussed the
possibility of mutually granting each other leave to amend their respective infringement and
invalidity contentions, but did not reach an agreement. In January 2012, Abaxis stipulated to leave
for Cepheid to amend its invalidity contentions based on discovery that Abaxis produced on
November 11, 2011, December 19, 2011, and January 4, 2012. However, Cepheid did not
reciprocate when Abaxis on February 14, 2012 requested a stipulation as to Abaxis’s infringement
contentions. The Court affirmed Judge Lloyd’s order denying Abaxis leave to amend its
infringement contentions with discovery that Cepheid produced before February 1, 2012, but found
clear error as to discovery Cepheid produced on or after February 1, 2012, including after the
February 16, 2012 fact discovery cutoff. Cepheid should not be rewarded for its late production of
discovery that even Cepheid believed was responsive to earlier Abaxis’s discovery requests.
Accordingly, the Court granted Abaxis leave to amend its infringement contentions, including its
willfulness contentions, with discovery that Cepheid produced on or after February 1, 2012. This
discovery also includes information about products produced by Cepheid’s Generation 1
“Beadulator” process.
The Court set the following case schedule:
DEADLINE TO FILE JOINT STATUS REPORT REGARDING POTENTIAL JURY TRIAL
START DATE OF SEPTEMBER 21, 2012 is July 26, 2012.
DEADLINE TO EXCHANGE DRAFTS OF JOINT PRETRIAL STATEMENTS AND
MOTIONS IN LIMINE is August 7, 2012.
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Case No.: 10-CV-2840-LHK
CASE MANAGEMENT ORDER

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DEADLINE TO MEET AND CONFER REGARDING SETTLEMENT, JOINT PRETRIAL
STATEMENT, AND EXCHANGE OF PRETRIAL MATERIALS is August 8, 2012.
DEADLINE TO LODGE AND SERVE JOINT PRETRIAL STATEMENT is August 15, 2012.
Joint Pretrial Statement is limited to 25 pages.
DEADLINE TO EXCHANGE EXHIBITS, SUMMARIES, CHARTS, AND DIAGRAMS TO BE
USED AT TRIAL is August 20, 2012.
DEADLINE TO FILE MOTIONS IN LIMINE is August 20, 2012.
Each party is LIMITED to 20 pages and up to 7 motions in limine.

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DEADLINE TO FILE OPPOSITIONS TO MOTIONS IN LIMINE is August 22, 2012.
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United States District Court
For the Northern District of California

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DEADLINE TO FILE JURY VOIR DIRE QUESTIONS AND JOINT STIPULATED AND
DISPUTED JURY INSTRUCTIONS AND VERDICT FORM is August 22, 2012.
DEADLINE TO MAKE PRETRIAL DISCLOSURES is August 24, 2012.

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PRETRIAL CONFERENCE AND HEARING ON WILLFULNESS MOTION is August 29, 2012,
at 2:00 p.m.
DEADLINE TO FILE DEPOSITION AND DISCOVERY DESIGNATIONS is September 10,
2012.
DEADLINE FOR DEFENDING PARTY TO SERVE OFFER OF JUDGMENT (PURSUANT TO
FED. R. CIV. PROC. 68) is September 10, 2012.
DEADLINE TO FILE OBJECTIONS AND COUNTERDESIGNATIONS TO DEPOSITION
TESTIMONY is September 14, 2012.
DEADLINE FOR PARTIES TO DELIVER 3 SETS OF PREMARKED EXHIBITS IN BINDERS
TO COURTROOM DEPUTY is September 17, 2012.
JURY TRIAL DATES are September 24, September 25, September 28, October 1, October 2, and
October 5, 2012 at 9 a.m. in courtroom 8, 4th floor.

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The jury shall have 8 members. Each party is limited to 15 minutes of attorney voir dire and three
preemptory challenges. During trial, each party is limited to 15 hours, including up to 45 minutes
of opening statement.

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IT IS SO ORDERED.

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Dated: July 20, 2012

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LUCY H. KOH
United States District Judge

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Case No.: 10-CV-2840-LHK
CASE MANAGEMENT ORDER