Finisar Corporation v. Nistica, Inc.

Filing 550

ORDER REGARDING TRIAL SCHEDULE. Signed by Judge Beth Labson Freeman on 4/27/2016. (blflc3S, COURT STAFF) (Filed on 4/27/2016)

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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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FINISAR CORPORATION,

Case No. 13-cv-03345-BLF

Plaintiff,
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v.

ORDER REGARDING TRIAL
SCHEDULE

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NISTICA, INC.,

United States District Court
Northern District of California

Defendant.
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IT IS HEREBY ORDERED that trial in this matter shall proceed as follows: Jury
selection shall commence on April 29, 2016 at 2:00 p.m. Questionnaires will be completed by the
jury on that date. Thereafter, commencing on May 2, 2016 at 9:00 a.m., counsel for the parties
may conduct oral voir dire of the entire jury panel, limited to 30 minutes for each side. Counsel
shall be prepared to present opening statements immediately after the jury is sworn and Plaintiff
shall call its witnesses beginning on May 2, 2016.
For the first two phases of the trial (infringement, damages, and willfulness) the Court will
allow up to 18 hours per side. Direct and cross-examination time will be tallied by the Court.
During the first phase, the parties shall each have 1 hour for openings and 1 hour and 30 minutes
for closings. If necessary, phase two will commence immediately after the phase 1 verdict is
announced. During the second phase, the parties shall each have 30 minutes for opening and 1
hour for closings. During the first two phases of trial, openings and closings shall not be counted
as part of the 18 hour allocation of time. For the bench trial on equitable issues, the parties shall
have up to 3 hours per side, inclusive of openings and closings. The Court anticipates the bench

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trial will commence on May 16, 2016. Finisar shall file its trial brief regarding the bench trial by

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May 10, 2016 and Nistica shall file its trial brief by May 12, 2016.

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IT IS SO ORDERED.
Dated: April 27, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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