Google Inc. v. Rockstar Consortium US LP et al

Filing 134

MOTION for Issuance of Letters Rogatory to the Superior Court of Justice of Ontario, Canada for Nortel Networks Corporation, Jean-Pierre Fortin, Angela de Wilton, Jaspreet Harit, Yee-Ning Chan, Brian Finlay Beaton, Bruce Dale Stalkie, Mitch A. Brisebois, Laura A. Mahan, Paul Michael Brennan, Brian Cruickshank, and John Eric Lumsden filed by Google Inc.. (Attachments: # 1 Exhibit A to Google's Notice of Unopposed Motion and Motion for Issuance of Letter Rogatory, # 2 Declaration of Kristin J. Madigan In Support of Google's Unopposed Motion for Issuance of Letter Rogatory, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Proposed Order)(Curran, Patrick) (Filed on 9/29/2014) Modified on 9/30/2014 (cpS, COURT STAFF).

EXHIBIT 11

Case4:13-cv-05933-CW Document88 Filed06/26/14 Page1 of 10

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GOOGLE INC.,

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No. C 13-05933 CW

Plaintiff,

MINUTE ORDER AND
CASE MANAGEMENT
ORDER

v.
ROCKSTAR CONSORTIUM US LP, et al.,

Time: 10 Minutes

Defendants.
/

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United States District Court
For the Northern District of California

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Clerk: Nikki D. Riley
Reporter: Diane Skillman
Plaintiff Attorney: Charles Verhoeven; Matt Warren
Defendant Attorney: David Sochia; Theodore Stevenson III
A case management conference was held on: 6/26/2014. The Case
Management Statement and Proposed Order filed by the parties is hereby
adopted by the Court as the Case Management Order for the case, except
as may be noted below.
The Court's standard Order for Pretrial
Preparation, distributed at the conference, also applies. The Court
orders a joint mediation that includes this case and the Texas case.
Infringement contentions due 7/24/2014; Invalidity contentions due
8/25/2014; Proposed terms due 9/8/2014; and Preliminary claim
construction due: 9/29/2014.
The case is hereby referred to the following ADR process:
Non-binding Arbitration: © ª
Early Neutral Evaluation: © ª
Court-connected mediation: © ª
Private mediation: © X ª
Magistrate Judge settlement conference: © ª
ADR session to be held by:
©9/24/14ª
(or as soon thereafter as is convenient to the mediator's schedule)

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Deadline to add additional parties or claims:
Date of next case management conference:
Completion of Fact Discovery:
Disclosure of initial expert reports:
Rebuttal Expert Reports:
Completion of Expert Discovery:

©8/25/14ª
©4/30/15ª
©1/23/15ª
©1/29/15ª
[2/19/15]
©3/6/15ª

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Further case management conference, claim construction,
and all case-dispositive motions, to be heard at
2:00 P.M. on or before:
Final Pretrial Conference at 2:00 P.M. on:
A 10 day Jury Trial will begin at 8:30 A.M. on:

©4/30/15ª
©9/2/15ª
©9/14/15ª

Case4:13-cv-05933-CW Document88 Filed06/26/14 Page2 of 10

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Discovery disputes will be referred to a Magistrate Judge. After the
parties have met and conferred, the parties shall prepare a joint
letter of not more than 8 pages explaining the dispute. Up to 12
pages of attachments may be added.
The joint letter must be
electronically filed under the Civil Events category of "Motions and
Related Filings >Motions-- General > Discovery Letter Brief." The
Magistrate Judge to whom the matter is assigned will advise the
parties of how that Judge intends to proceed. The Magistrate Judge
may issue a ruling, order more formal briefing, or set a telephone
conference or a hearing. After a Magistrate Judge has been assigned,
all further discovery matters shall be filed pursuant to that Judge's
procedures.

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United States District Court
For the Northern District of California

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Motions for Summary Judgment: Absent permission from the Court, all
case-dispositive motions in a case will be briefed and heard together,
on the case-dispositive motion hearing cut-off date, or on an earlier
available date agreed to by the parties. Multiple parties should file
joint briefs if possible. If Plaintiffs wish to file a motion for
summary judgment, they shall do so 6 weeks before the cut-off date.
If Defendants wish to file a cross-motion as well as an opposition to
the motion, any cross-motion shall be contained within the opposition
to the motion, which may contain up to 25 pages in total, and shall
be filed 14 days after the filing of the motion. The reply to the
motion shall include the opposition to any cross-motion, may contain
up to 15 pages in total, and shall be filed 7 days after the filing
of the opposition. A reply to any cross-motion may contain up to 15
pages, and shall be filed 7 days after the filing of the opposition.
If Plaintiffs do not file a motion for summary judgment, Defendants
may file one 5 weeks before the case-dispositive motion hearing cutoff date and the schedule in Local Rule 7-3 shall apply. Courtesy
copies of multi-page exhibits for chambers should be clearly marked
with tabbed dividers.
Civil motion calendar is conducted on Thursdays at 2:00 p.m. Parties
need not reserve a hearing date for civil motions; however, parties
must check the legal newspapers or the Court’s website at
www.cand.uscourts.gov for unavailable dates.

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A Further Case Management Conference will be held on the casedispositive motion hearing cut-off date, whether or not dispositive
motions are filed.

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Dated: 6/26/2014

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CLAUDIA WILKEN
United States District Judge

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Copies to Chambers

Case4:13-cv-05933-CW Document88 Filed06/26/14 Page3 of 10

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ORDER FOR PRETRIAL PREPARATION
PRETRIAL CONFERENCE

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1.

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counsel

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described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their

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motions in limine.

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Not less than 28 days prior to the pretrial conference,
shall

2.

exchange

(but

not

file

or

lodge)

the

papers

At least 21 days before the final pretrial conference,

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lead counsel who will try the case shall meet and confer with

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respect to:

United States District Court
For the Northern District of California

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(a)

Preparation and content of the joint pretrial

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conference statement;

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(b)
Resolution of any differences between the
parties regarding the preparation and content of the joint
pretrial conference statement and the preparation and
exchange of pretrial materials to be served and lodged
pursuant to this Order for Pretrial Preparation. To the
extent such differences are not resolved, the parties will
present the issues in the pretrial conference statement so
that the judge may rule on the matter during the pretrial
conference; and

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(c)
3.

Settlement of the action.

Not

less

than

14

days

prior

to

the

pretrial

conference, counsel shall submit the following.

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(a) Pretrial Conference Statement. The parties shall

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file a joint pretrial conference statement containing the

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following information:

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(1)

The Action.

(A) Substance of the Action. A brief description of
the substance of claims and defenses which remain to be
decided.
(B) Relief Prayed. A detailed statement of all the
relief claimed, particularly itemizing all elements of
damages claimed.
(2)

The Factual Basis of the Action.

Case4:13-cv-05933-CW Document88 Filed06/26/14 Page4 of 10

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(A) Undisputed Facts. A plain and concise statement
of all relevant facts not reasonably disputed.

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(B) Disputed Factual Issues. A plain and concise
statement of all disputed factual issues which remain to
be decided.

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(C) Agreed Statement. A statement assessing whether
all or part of the action may be presented upon an agreed
statement of facts.

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United States District Court
For the Northern District of California

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(D)
Stipulations.
A statement of stipulations
requested or proposed for pretrial or trial purposes.
(3)

Disputed Legal Issues.

Without extended legal

argument, a concise statement of each disputed point of
law concerning liability or relief.
(4)

Further Discovery or Motions.

A statement of

all remaining discovery or motions.
(5)

Trial Alternatives and Options.

(A) Settlement Discussions. A statement summarizing
the status of settlement negotiations and indicating
whether further negotiations are likely to be productive.
(B) Consent to Trial Before a Magistrate Judge. A
statement whether the parties consent to a court or jury
trial before a magistrate judge, with appeal directly to
the Ninth Circuit.

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(C)
Bifurcation, Separate Trial of Issues.
A
statement of whether bifurcation or a separate trial of
specific issues is feasible and desired.

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(6)

Miscellaneous.

Any other subjects relevant to

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the trial of the action, or material to its just, speedy
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and inexpensive determination.
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(b)

Exhibit List and Objections.

The exhibit list

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shall list each proposed exhibit by its number (see Civil L.R.
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30-2(b)), description, and sponsoring witness, followed by
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blanks to accommodate the date on which it is marked for
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identification and the date on which it is admitted into
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Case4:13-cv-05933-CW Document88 Filed06/26/14 Page5 of 10

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evidence.

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its case-in-chief that is not disclosed in its exhibit list

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without leave of the Court for good cause shown.

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also deliver a set of premarked exhibits to the Courtroom

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Deputy.

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number of the case, the number of the exhibit, and blanks to

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accommodate the date admitted and the Deputy Clerk's initials.

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(Appropriate sample forms are available on the Court’s website

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at www.cand.uscourts.gov).

No party shall be permitted to offer any exhibit in

Parties shall

The exhibit markers shall each contain the name and

Any objections to exhibits which

United States District Court
For the Northern District of California

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remain after the pretrial meeting shall be indicated in the

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pretrial statement.

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(c)

Witness List.

In addition to the requirements

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of

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substance of the testimony to be given by each witness who may

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be called at trial.

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witness in its case-in-chief who is not disclosed in its

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pretrial statement without leave of Court for good cause shown.

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FRCivP

26(a)(3)(A),

(d)

a

brief

statement

describing

the

No party shall be permitted to call any

Use of Discovery Responses.

In addition to the

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requirements

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excerpts from interrogatory answers or from responses for

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admissions intended to be offered at trial.

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indicate any objections to use of these materials and that

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counsel have conferred respecting such objections.

of

FRCivP

26(a)(3)(B),

a

designation

of

any

Counsel shall

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(e) Trial briefs. Briefs on all significant disputed

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issues of law, including foreseeable procedural and evidentiary

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issues, which remain after the pretrial meeting.

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(f)

Motions in Limine.

Any motions in limine that

could not be settled at the pretrial meeting shall be filed with

Case4:13-cv-05933-CW Document88 Filed06/26/14 Page6 of 10

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the

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contained within one document, limited to 25 pages pursuant to

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Civil L.R. 7-2(b), with each motion listed as a subheading.

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Opposition to the motions in limine shall be contained within

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one

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subheadings, and filed seven (7) days thereafter.

pretrial

document,

statement.

limited

All

to

motions

25

pages,

in

limine

with

shall

be

corresponding

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(g) Joint Proposed Voir Dire. The attached voir dire

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questionnaire will be given to the venire members, and copies

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of the responses will be made available to counsel at the

United States District Court
For the Northern District of California

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beginning of voir dire.

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requested voir dire, to be included in the questionnaire or

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posed by the Court, to which they have agreed at the pretrial

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meeting.

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shall be submitted separately.

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follow-up voir dire after the Court's questioning.

Counsel may submit a set of additional

Any voir dire questions on which counsel cannot agree
Counsel may be allowed brief

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(h) Joint Proposed Jury Instructions. As applicable,

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jury instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1

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through §2.13, §3.1 through §3.3 from the Manual of Model Civil

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Jury Instructions for the Ninth Circuit (most recent edition)

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will be given absent objection.

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one set of additional proposed jury instructions, to which they

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have agreed at the pretrial meeting.

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ordered

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contents.

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be marked as "disputed," and shall be included within the

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jointly

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contents, in the place where the party proposing the instruction

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believes it should be given.

in

a

logical

sequence,

Counsel shall jointly submit

The instructions shall be

together

with

a

table

of

Any instruction on which counsel cannot agree shall

submitted

instructions

and

accompanying

table

of

Argument and authority for and

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against each disputed instruction shall be included as part of

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the joint submission, on separate pages directly following the

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disputed instruction.

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The parties shall email to [e-mail] a copy

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of their proposed jury instructions in WordPerfect or Word

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format. The subject of the email should include the name of the

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parties, the case number and a description of the document.

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(i)

Proposed Verdict Forms, Joint or Separate.

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(j)

Proposed Findings of Fact and Conclusions of Law

United States District Court
For the Northern District of California

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(Court Trial only).

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hyperlink each proposed Finding of Fact to any supporting

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evidence. The parties shall email to [e-mail] a

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copy of their proposed findings of fact and conclusions of law

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in WordPerfect or Word format.

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include

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description of the document.

the

name

of

The Court requests that the parties

the

The subject of the email should

parties,

the

case

number

and

a

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JURY SELECTION
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The Jury Commissioner will summon 20 to 25 prospective

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jurors.

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and seat them in the courtroom in the order in which their names

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are called.

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counsel.

The Courtroom Deputy will select their names at random

Copies of their questionnaires will be provided to

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Voir dire will be asked of sufficient venire persons so
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that eight (or more for a lengthy trial) will remain after all
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peremptory challenges and an anticipated number of hardship
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dismissals and cause challenges have been made.
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The Court will then take cause challenges, and discuss

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hardship claims from the individual jurors, outside the presence

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of the venire.

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hardship claims and cause challenges will be granted, but will

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not announce those dismissals until the process is completed.

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Each side may then list in writing up to three peremptory

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challenges.

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then submit them to the Courtroom Deputy.

The Court will inform the attorneys which

The attorneys will review each other's lists and

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Then, from the list of jurors in numerical order, the Court
United States District Court
For the Northern District of California

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will strike the persons with meritorious hardships, those
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excused for cause, and those challenged peremptorily, and call
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the first eight people in numerical sequence remaining.

Those

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people will be the jury.
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All

jurors

deliberate.

remaining

at

the

close

of

the

case

will

There are no alternates.

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SANCTIONS
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Failure to comply with this Order is cause for sanctions
under Federal Rule of Civil Procedure 16(f).

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IT IS SO ORDERED.
Dated: ______________________

___________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

Case4:13-cv-05933-CW Document88 Filed06/26/14 Page9 of 10

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JUROR QUESTIONNAIRE

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Please fill out this form as completely as possible and print
clearly. Since we want to make copies for the attorneys and the
Court, do not write on the back of any page. If you need more
room, continue at the bottom of the page. Thank you for your
cooperation.

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1.

Your name: ________________________________________________

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2.

Your age: _________________________________________________

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3

The city where you live: __________________________________

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How long have you lived there:______________________________
4.

Your place of birth: ______________________________________

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United States District Court
For the Northern District of California

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5.

Do you rent or own your own home? _________________________

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6.

Your marital status: (circle one)

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single

married

live with partner

separated

divorced

widowed

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7.

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What is your occupation, and how long have you worked in
it? (If you are retired, please describe your main
occupation when you were working).

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_______________________________________________________________

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_______________________________________________________________

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8.

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_______________________________________________________________

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9.

How long have you worked for this employer? ______________

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10.

Please list the occupations of any adults with whom you

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Who is (or was) your employer?

live.

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_______________________________________________________________

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11.

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If you have children, please list their ages and sex and,
if they are employed, please give their occupations.

_______________________________________________________________

Case4:13-cv-05933-CW Document88 Filed06/26/14 Page10 of 10

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12.

Please describe your educational background:

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Highest grade completed: _________________________________

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College and/or vocational schools you have attended:

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Major areas of study:_____________________________________

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United States District Court
For the Northern District of California

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13.

If yes:

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Did the jury(ies) reach a verdict? _______________________

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Federal Court _______

Was it a civil or criminal case? _________________________

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State/County Court _______

When? ____________________________________________________

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14.

Attached is a list of the parties in this case, the law
firms representing the parties, attorneys in this case, and
persons who are potential witnesses in this case.
know, or think you know, any of the persons listed?
Yes:_____

No:_____

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How many

times?________

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Have you ever served on a jury before? ________

If so, make a check next to their name.

Do you