Life Technologies Corporation v. Pacific Biosciences of California, Inc

Filing 55

CASE MANAGEMENT ORDER. Signed by Judge Paul S. Grewal on September 28, 2011. (psglc1, COURT STAFF) (Filed on 9/29/2011)

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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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LIFE TECHNOLOGIES CORPORATION, )
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Plaintiff,
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v.
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PACIFIC BIOSCIENCES OF
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CALIFORNIA, INC.,
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Defendants.
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___________________________________ )

Case No.: C 11-01582 PSG
CASE MANAGEMENT ORDER

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On September 20, 2011, the parties appeared before Magistrate Judge Paul S. Grewal for a

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case management conference. Based on the parties’ Joint Case Management Statement and the

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discussions held at the case management conference,

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IT IS HEREBY ORDERED that the court adopts the parties’ statement of disputed factual
and legal issues as set forth in the Case Management Statement.
IT IS FURTHER ORDERED that the deadline for joinder of any additional parties, or other
amendments to the pleadings, is September 30, 2011.
IT IS FURTHER ORDERED that the presumptive limits on discovery set forth in the
Federal Rules of Civil Procedure apply.
IT IS FURTHER ORDERED that the parties shall participate in mediation. The parties have
advised that they are scheduled to appear for court-sponsored mediation on October 20, 2011.
IT IS FURTHER ORDERED that the parties’ proposed bifurcated approach is adopted as
ORDER, page 1

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follows: (1) in phase one, issues of patentability (written description, enablement, and

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novelty/obviousness), and accorded benefit will be tried; and (2) in phase two, issues of priority may

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be tried.

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IT IS FURTHER ORDERED that the parties may move for summary judgment.

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IT IS FURTHER ORDERED that the following schedule shall apply to this case:

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Fact Discovery Cutoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . January 27, 2012

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Designation of Opening Experts with Reports . . . . . . . . . . . . . . . . . . . . . . February 28, 2012

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Designation of Rebuttal Experts with Reports . . . . . . . . . . . . . . . . . . . . . . . . March 29, 2012

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Expert Discovery Cutoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . April 27, 2012

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Deadline(s) for Filing Discovery Motions . . . . . . . . . . . . . . . . . . . . See Civil Local Rule 37-3

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Last Day for Dispositive Motion Hearing1 . . . . . . . . . . . . . . . . . 10:00 a.m. on May 29, 2012

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Final Pretrial Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2:00 p.m. on July 31, 2012

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Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9:30 a.m. on August 13, 2012

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IT IS FURTHER ORDERED that the parties shall comply with the Standing Order for Civil

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Practice in Cases Assigned for All Purposes to Magistrate Judge Paul S. Grewal (Dec. 2010), a copy

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of which is available from the Clerk of the Court,2 with regard to the timing and content of the Joint

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Pretrial Statement, and all other pretrial submissions.

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Dated: September 28, 2011

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PAUL S. GREWAL
United States Magistrate Judge

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This is the last date for hearing dispositive motions. Any such motions must be noticed
in compliance with Civil Local Rule 7-2(a).
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A copy of Judge Grewal's standing order is also available on the court's website at
www.cand.uscourts.gov by clicking first on the "Judges" button, then on Judge Grewal's name, then on
the link for "Magistrate Judge Grewal's Standing Orders," and finally on the link for "Judge Grewal's
Civil Standing Order."
ORDER, page 2

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ORDER, page 3