Samesurf, Inc. v. Intuit, Inc.
Filing
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Second Case Management Order Regulating Discovery And Other Pretrial Proceedings In A Patent Case. Signed by Magistrate Judge David D. Leshner on 10/23/2024.(stn)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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SAMESURF, INC.,
Case No.: 22-cv-412-RSH-DDL
Plaintiff,
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v.
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INTUIT, INC.,
SECOND CASE MANAGEMENT
ORDER REGULATING
DISCOVERY AND OTHER
PRETRIAL PROCEEDINGS IN A
PATENT CASE
Defendant.
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The Court held a Status Conference in this matter on October 23, 2024. For the
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reasons discussed on the record, and good cause appearing, the Court enters the following
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Case Management Order.
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1.
On or before December 5, 2024, each party opposing a claim of infringement
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shall serve Invalidity Contentions pursuant to Patent LR 3.3 and produce documents as
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required by Patent LR 3.4.
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2.
On or before December 19, 2024, the parties shall exchange Preliminary
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Claim Constructions pursuant to Patent LR 4.1(a) and identify extrinsic evidence as
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required by Patent LR 4.1(b).
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3.
On or before January 6, 2025, the parties shall exchange Responsive Claim
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Constructions pursuant to Patent LR 4.1(c) and identify extrinsic evidence as required by
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Patent LR 4.1(d).
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4.
Counsel for the parties shall appear for a Status Conference before the
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Honorable David D. Leshner on January 15, 2025 at 10:00 a.m. by Zoom. Instructions
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for appearances will follow by separate order.
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On or before January 20, 2025, 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 LR 4.2.
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party claiming infringement is January 20, 2025. See Patent LR 3.6(a).
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On or before March 10, 2025, the parties must file simultaneously their
Responsive Claim Construction Briefs. See Patent LR 4.4(b).
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On or before February 24, 2025, the parties must file simultaneously their
Opening Claim Construction Briefs. See Patent LR 4.4(a).
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The deadline for filing, as of right, Amended Invalidity Contentions by the
party opposing infringement is February 10, 2025. See Patent LR 3.6(b)
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All discovery intended for use in the Claim Construction Hearing must be
completed by February 10, 2025. See Patent LR 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 April 17, 2025, at
1:30 p.m. before the Honorable Robert S. Huie. See Patent LR 4.5.
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12.
Not later than thirty (30) days after the filing of the Claim Construction Order,
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any party relying upon advice of counsel as part of a patent-related claim or defense for
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any reason must make the disclosures required by Patent LR 3.7
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A party asserting infringement must serve final amended infringement
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contentions, within the meaning of Patent LR 3.6(a)(1), not later than thirty (30) days after
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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 LR 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.
All written discovery requests shall be served by all parties by May 9, 2025.
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Pursuant to the Court’s June 5, 2023 Order [Dkt. No. 47], Plaintiff must seek leave to serve
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additional interrogatories.
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16.
The initial date for the substantial completion of document discovery
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including electronically stored information (“ESI”) is June 6, 2025. See Patent LR
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2.1(a)(1).
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17.
All fact discovery shall be completed by all parties on or before July 18, 2025.
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All disputes concerning discovery shall be brought the attention of the Magistrate Judge in
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accordance with the procedures and time frames set forth in the Magistrate Judge’s
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Chambers Rules. Counsel are required to meet and confer regarding all discovery disputes
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pursuant to the requirements of Civil Local Rule (“CivLR”) 26.1(a).
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18.
A Mandatory Settlement Conference shall be conducted on July 31, 2025, at
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2:00 p.m. before the Honorable David D. Leshner. The parties must comply with Judge
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Leshner’s Mandatory Settlement Conference Procedures, which are available on the
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Court’s website.
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All expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)
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shall be served on all parties on or before August 15, 2025. Any contradictory or rebuttal
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disclosures within the meaning of Federal Rule of Civil Procedure 26(a)(2)(D)(ii) shall be
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disclosed on or before September 15, 2025. Unless otherwise stipulated by the parties,
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the required expert disclosures shall include an expert report as required by Federal Rule
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of Civil Procedure 26(a)(2)(B). If a written report is not required, the disclosure must
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provide the information required under Federal Rule of Civil Procedure 26(a)(2)(c).
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20.
All expert discovery shall be completed by all parties on or before October
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17, 2025. The provisions stated in paragraph 17 above apply equally to expert discovery
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and any disputes regarding the same.
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21.
All other dispositive motions, including those addressing Daubert issues, shall
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be FILED on or before November 3, 2025. Please be advised that counsel for the moving
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party must obtain a motion hearing date from the law clerk of the judge who will hear the
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motion. Failure of counsel to timely request a motion date may result in the motion not
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being heard. Motions in Limine are to be filed as directed in the Local Rules, or as
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otherwise set by the Honorable Robert S. Huie.
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22.
Briefs or memoranda in support of or in opposition to any pending motion
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shall not exceed twenty-five (25) pages in length without permission of the judge or
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magistrate judge who will hear the motion. No reply memorandum shall exceed ten (10)
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pages without leave of the judge or magistrate judge who will hear the motion.
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In order to identify the claims to be tried and eliminate delay and surprise at
trial, the Court enters the following pretrial order pursuant to Federal Rule of Civil
Procedure 16.
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The parties’ Memoranda of Law and Contentions of Fact Parties pursuant to
CivLR 16.1(f)(2)(a) must be filed on or before February 12, 2026.
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All parties or their counsel shall fully comply with the Pretrial Disclosure
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requirements of Federal Rule of Civil Procedure 26(a)(3) on or before February 19, 2026.
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Failure to comply with these disclosures requirements could result in evidence preclusion
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or other sanctions under Federal Rule of Civil Procedure 37.
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Pursuant to CivLR 16.1(f)(4), on or before February 26, 2026, the parties
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shall meet and confer to comply with the provisions of that section and prepare a proposed
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pretrial order in accordance with CivLR Rule 16.1(f)(6)(c), and containing the following:
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a.
A joint neutral statement to be read to the jury, not in excess of one
page, of the nature of the case and the claims and defenses.
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A list of the causes of action to be tried, referenced to the Complaint
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[and Counterclaim if applicable]. For each cause of action, the order shall succinctly list
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the elements of the claim, damages and any defenses. A cause of action in the Complaint
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[and/or Counterclaim] which is not listed shall be dismissed with prejudice.
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c.
A list, in alphabetical order, of:
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Each witness counsel actually expect to call at trial with a brief
statement, not exceeding four sentences, of the substance of the
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witnesses’ testimony.
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ii.
Each expert witness counsel actually expect to call at trial with a
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brief statement, not exceeding four sentences, of the substance of
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the expert witnesses’ testimony.
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iii.
Additional witnesses, including experts, counsel do not expect to
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call at this time but reserve the right to call at trial along with a
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brief statement, not exceeding four sentences, of the substance of
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the witnesses’ testimony.
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d.
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A list of:
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All exhibits that counsel actually expect to offer at trial with a
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one-sentence description of the exhibit. All exhibits are to be
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identified numerically, plaintiff starting with “1” and defendant
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beginning with an agreed upon numerical designation.
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ii.
All other exhibits that counsel do not expect to offer at this time
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but reserve the right to offer if necessary at trial with a one-
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sentence description of the exhibit.
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e.
shall be on a separate page and will be read to and provided to the jury.
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f.
A list of all deposition transcripts by page and line, or videotape
depositions by section, that will be offered at trial.
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A statement of all facts to which the parties stipulate. This statement
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Counsel will note any objections they have to any other parties’ pretrial
disclosures pursuant to Federal Rule of Civil Procedure 26 (a)(3).
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The Court encourages the parties to consult with the assigned magistrate judge to
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work out any problems in preparation of the proposed pretrial order. The Honorable
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Robert S. Huie will entertain any questions concerning the conduct of the trial at the
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pretrial conference.
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Counsel for plaintiff will be responsible for preparing the pretrial order and
arranging the meetings of counsel pursuant to CivLR 16.1(f)(6)(a). On or before March
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5, 2026, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order
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for review and approval. Opposing counsel must communicate promptly with plaintiff’s
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attorney concerning any objections to form or content of the pretrial order, and both parties
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should attempt promptly to resolve their differences, if any, concerning the order.
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28.
The proposed final pretrial conference order, including objections counsel
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have to any other party’s Federal Rule of Civil Procedure 26(a)(3) Pretrial Disclosures shall
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be prepared, served and lodged with Judge Robert S. Huie’s chambers on or before
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March 12, 2026, and shall be in the form prescribed in and in compliance with CivLR
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16.1(f)(6)(c). Counsel shall also bring a court copy of the pretrial order to the pretrial
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conference.
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The final pretrial conference shall be held before the Honorable Robert S.
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Huie on March 19, 2026 at 1:30 p.m., during which time the Court will address the
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submission of motions in limine, trial briefs, proposed voir dire and jury instructions and
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the trial schedule.
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30.
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.
IT IS SO ORDERED.
Dated: October 23, 2024
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Hon. David D. Leshner
United States Magistrate Judge
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