IPA Technologies Inc. v. Kyocera International, Inc.

Filing 48

Amended Case Management Order Regulating Discovery and Other Pretrial Proceedings in a Patent Case. The Claim Construction and tutorial hearing will be held May 8, 2018, at 10:00 AM. Signed by Magistrate Judge Jill L. Burkhardt on 11/9/17.(All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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IPA TECHNOLOGIES INC.,
Plaintiff,

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Case No. 17-cv-01307-BAS-JLB
LEAD CASE

v.
AMENDED CASE MANAGEMENT
ORDER REGULATING DISCOVERY
AND OTHER PRETRIAL
PROCEEDINGS IN A PATENT CASE

KYOCERA INTERNATIONAL, INC.,
Defendant.

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IPA TECHNOLOGIES INC.,

Case No. 17-cv-01858-BAS-JLB
Plaintiff,

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v.

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ZTE (USA) INC.,
Defendant.

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The district court consolidated the above-captioned cases for pre-trial and discovery

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purposes and directed the assigned magistrate judge to issue a scheduling order in the lead

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case that applies to the consolidated cases. (See ECF Nos. 45, 47.) Accordingly, IT IS

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ORDERED that the following case schedule previously ordered in 17-cv-1858 shall apply

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to the consolidated cases (with the exception of the Claim Construction and tutorial

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hearing, which is reset due to a conflict in the district court’s calendar):
1.

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On or before November 13, 2017, each party claiming patent infringement

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shall separately serve on all parties a Disclosure of Asserted Claims and Preliminary

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Infringement pursuant to Patent L.R. 3.1 and produce documents as required by Patent L.R.

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3.2.
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On or before January 12, 2018, each party opposing a claim of infringement

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shall serve Invalidity Contentions pursuant to Patent L.R. 3.3 and produce documents as

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required by Patent L.R. 3.4.

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3.

On or before January 26, 2018, the parties shall exchange Preliminary Claim

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Constructions pursuant to Patent L.R. 4.1(a) and identify extrinsic evidence as required by

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Patent L.R. 4.1(b).

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4.

On or before February 9, 2018, the parties shall exchange Responsive Claim

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Constructions pursuant to Patent L.R. 4.1(c) and identify extrinsic evidence as required by

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Patent L.R. 4.1(d).

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5.

On or before February 23, 2018, parties shall complete and file a Joint Claim

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Construction Chart, Joint Claim Construction Worksheet, and Joint Hearing Statement

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pursuant to Patent L.R. 4.2.

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party claiming infringement is February 23, 2018. See Patent L.R. 3.6(a).

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7.

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On or before April 20, 2018, the parties must file simultaneously their

Responsive Claim Construction Briefs. See Patent L.R. 4.4(b).

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On or before April 6, 2018, the parties must file simultaneously their Opening

Claim Construction Briefs. See Patent L.R. 4.4(a).

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The deadline for filing, as of right, Amended Invalidity Contentions by the

party opposing infringement is March 23, 2018. See Patent L.R. 3.6(b)

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All discovery intended for use in the Claim Construction Hearing must be

completed by March 23, 2018. See Patent L.R. 4.3.

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The deadline for filing, as of right, Amended Infringement Contentions by a

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The Claim Construction and tutorial hearing will be held May 8, 2018, at

10:00 AM. See Patent L.R. 4.5.

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12.

Not later than thirty (30) days after the filing of the Claim Construction

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Order, any party relying upon advice of counsel as part of a patent-related claim or defense

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for any reason must make the disclosures required by Patent L.R. 3.7

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13.

A party asserting infringement must serve final amended infringement

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contentions, within the meaning of Patent L.R. 3.6(a)(1), not later than thirty (30) days

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after service of the Court’s Claim Construction Ruling.

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A party opposing a claim of infringement must serve final amended invalidity

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contentions, within the meaning of Patent L.R. 3.6(b)(2), not later than fifty (50) days after

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service of the Court’s Claim Construction ruling.

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15.

Discovery motions must be filed in the time and manner directed by

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Magistrate Judge Burkhardt (see Judge Burkhardt’s Civil Chambers Rules on Discovery

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Disputes available on the Court’s website). All discovery motions must be filed within 30

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days of the service of an objection, answer, or response which becomes the subject of

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dispute, or the passage of a discovery due date without response or production, and only

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after counsel (and any unrepresented parties) have met and conferred to resolve the dispute

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and complied with Section IV.B. of Judge Burkhardt’s Civil Chambers Rules.

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The dates and times set forth herein will not be modified except for good cause

shown.
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Plaintiff’s counsel shall serve a copy of this order on all parties that enter this

case hereafter.
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The parties shall jointly contact the assigned magistrate judge’s chambers

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within three (3) calendar days of the issuance of the Claim Construction Order to notify

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the Court of the need for another Case Management Conference.

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IT IS SO ORDERED.
Dated: November 9, 2017

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17-cv-1307-BAS-JLB LEAD CASE