Google Inc. v. Rockstar Consortium US LP et al

Filing 88

Minute Entry and Case Management Order: Initial Case Management Conference held on 6/26/2014 before Claudia Wilken (Date Filed: 6/26/2014)\.Case referred to mediation; Amended Pleadings due by 8/25/2014; Further Case Management Conference/ Claims Construction Hearing/ Motion Hearing set for 4/30/2015 02:00 PM before Hon. Claudia Wilken; Final Pretrial Conference set for 9/2/2015 02:00 PM; Jury Selection /Jury Trial (10 day) set for 9/14/2015 08:30 AM before Hon. Claudia Wilken. (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 6/26/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 GOOGLE INC., 4 5 6 7 No. C 13-05933 CW Plaintiff, MINUTE ORDER AND CASE MANAGEMENT ORDER v. ROCKSTAR CONSORTIUM US LP, et al., Time: 10 Minutes Defendants. / 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 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) 19 20 21 22 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 23 24 25 26 27 28 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 1 2 3 4 5 6 7 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. 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 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 for unavailable dates. 24 A Further Case Management Conference will be held on the casedispositive motion hearing cut-off date, whether or not dispositive motions are filed. 25 Dated: 6/26/2014 23 CLAUDIA WILKEN United States District Judge 26 27 28 Copies to Chambers 1 2 ORDER FOR PRETRIAL PREPARATION PRETRIAL CONFERENCE 3 1. 4 counsel 5 described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their 6 motions in limine. 7 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, 8 lead counsel who will try the case shall meet and confer with 9 respect to: United States District Court For the Northern District of California 10 (a) Preparation and content of the joint pretrial 11 conference statement; 12 (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 13 14 15 16 17 18 19 (c) 3. Settlement of the action. Not less than 14 days prior to the pretrial conference, counsel shall submit the following. 20 (a) Pretrial Conference Statement. The parties shall 21 file a joint pretrial conference statement containing the 22 following information: 23 24 25 26 27 28 (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. 1 (A) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputed. 2 3 (B) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided. 4 5 (C) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 (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. 18 19 (C) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. 20 (6) Miscellaneous. Any other subjects relevant to 21 the trial of the action, or material to its just, speedy 22 and inexpensive determination. 23 (b) Exhibit List and Objections. The exhibit list 24 shall list each proposed exhibit by its number (see Civil L.R. 25 30-2(b)), description, and sponsoring witness, followed by 26 blanks to accommodate the date on which it is marked for 27 identification and the date on which it is admitted into 28 1 evidence. 2 its case-in-chief that is not disclosed in its exhibit list 3 without leave of the Court for good cause shown. 4 also deliver a set of premarked exhibits to the Courtroom 5 Deputy. 6 number of the case, the number of the exhibit, and blanks to 7 accommodate the date admitted and the Deputy Clerk's initials. 8 (Appropriate sample forms are available on the Court’s website 9 at 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 10 remain after the pretrial meeting shall be indicated in the 11 pretrial statement. 12 (c) Witness List. In addition to the requirements 13 of 14 substance of the testimony to be given by each witness who may 15 be called at trial. 16 witness in its case-in-chief who is not disclosed in its 17 pretrial statement without leave of Court for good cause shown. 18 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 19 requirements 20 excerpts from interrogatory answers or from responses for 21 admissions intended to be offered at trial. 22 indicate any objections to use of these materials and that 23 counsel have conferred respecting such objections. of FRCivP 26(a)(3)(B), a designation of any Counsel shall 24 (e) Trial briefs. Briefs on all significant disputed 25 issues of law, including foreseeable procedural and evidentiary 26 issues, which remain after the pretrial meeting. 27 28 (f) Motions in Limine. Any motions in limine that could not be settled at the pretrial meeting shall be filed with 1 the 2 contained within one document, limited to 25 pages pursuant to 3 Civil L.R. 7-2(b), with each motion listed as a subheading. 4 Opposition to the motions in limine shall be contained within 5 one 6 subheadings, and filed seven (7) days thereafter. pretrial document, statement. limited All to motions 25 pages, in limine with shall be corresponding 7 (g) Joint Proposed Voir Dire. The attached voir dire 8 questionnaire will be given to the venire members, and copies 9 of the responses will be made available to counsel at the United States District Court For the Northern District of California 10 beginning of voir dire. 11 requested voir dire, to be included in the questionnaire or 12 posed by the Court, to which they have agreed at the pretrial 13 meeting. 14 shall be submitted separately. 15 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 16 (h) Joint Proposed Jury Instructions. As applicable, 17 jury instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1 18 through §2.13, §3.1 through §3.3 from the Manual of Model Civil 19 Jury Instructions for the Ninth Circuit (most recent edition) 20 will be given absent objection. 21 one set of additional proposed jury instructions, to which they 22 have agreed at the pretrial meeting. 23 ordered 24 contents. 25 be marked as "disputed," and shall be included within the 26 jointly 27 contents, in the place where the party proposing the instruction 28 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 1 against each disputed instruction shall be included as part of 2 the joint submission, on separate pages directly following the 3 disputed instruction. 4 The parties shall email to a copy 5 of their proposed jury instructions in WordPerfect or Word 6 format. The subject of the email should include the name of the 7 parties, the case number and a description of the document. 8 (i) Proposed Verdict Forms, Joint or Separate. 9 (j) Proposed Findings of Fact and Conclusions of Law United States District Court For the Northern District of California 10 (Court Trial only). 11 hyperlink each proposed Finding of Fact to any supporting 12 evidence. The parties shall email to a 13 copy of their proposed findings of fact and conclusions of law 14 in WordPerfect or Word format. 15 include 16 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 17 JURY SELECTION 18 19 The Jury Commissioner will summon 20 to 25 prospective 20 jurors. 21 and seat them in the courtroom in the order in which their names 22 are called. 23 counsel. The Courtroom Deputy will select their names at random Copies of their questionnaires will be provided to 24 Voir dire will be asked of sufficient venire persons so 25 that eight (or more for a lengthy trial) will remain after all 26 peremptory challenges and an anticipated number of hardship 27 dismissals and cause challenges have been made. 28 1 The Court will then take cause challenges, and discuss 2 hardship claims from the individual jurors, outside the presence 3 of the venire. 4 hardship claims and cause challenges will be granted, but will 5 not announce those dismissals until the process is completed. 6 Each side may then list in writing up to three peremptory 7 challenges. 8 then submit them to the Courtroom Deputy. The Court will inform the attorneys which The attorneys will review each other's lists and 9 Then, from the list of jurors in numerical order, the Court United States District Court For the Northern District of California 10 will strike the persons with meritorious hardships, those 11 excused for cause, and those challenged peremptorily, and call 12 the first eight people in numerical sequence remaining. Those 13 people will be the jury. 14 15 16 All jurors deliberate. remaining at the close of the case will There are no alternates. 17 SANCTIONS 18 19 20 Failure to comply with this Order is cause for sanctions under Federal Rule of Civil Procedure 16(f). 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: ______________________ ___________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 1 JUROR QUESTIONNAIRE 2 4 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. 5 1. Your name: ________________________________________________ 6 2. Your age: _________________________________________________ 7 3 The city where you live: __________________________________ 3 8 How long have you lived there:______________________________ 4. Your place of birth: ______________________________________ 10 United States District Court For the Northern District of California 9 5. Do you rent or own your own home? _________________________ 11 6. Your marital status: (circle one) 12 single married live with partner separated divorced widowed 13 14 7. 15 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). 16 _______________________________________________________________ 17 _______________________________________________________________ 18 8. 19 _______________________________________________________________ 20 9. How long have you worked for this employer? ______________ 21 10. Please list the occupations of any adults with whom you 22 Who is (or was) your employer? live. 23 _______________________________________________________________ 24 11. 25 26 27 28 If you have children, please list their ages and sex and, if they are employed, please give their occupations. _______________________________________________________________ 1 2 12. Please describe your educational background: 3 Highest grade completed: _________________________________ 4 College and/or vocational schools you have attended: 5 6 7 8 Major areas of study:_____________________________________ 9 United States District Court For the Northern District of California 10 13. If yes: 12 Did the jury(ies) reach a verdict? _______________________ 15 19 20 Federal Court _______ Was it a civil or criminal case? _________________________ 14 18 State/County Court _______ When? ____________________________________________________ 13 17 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:_____ 21 22 23 24 25 26 27 28 How many times?________ 11 16 Have you ever served on a jury before? ________ If so, make a check next to their name. Do you

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