Personalized User Model LLP v. Google Inc.

Filing 94

PROPOSED ORDER Amended Scheduling Order re 32 Scheduling Order, Stipulated Amended Scheduling Order by Google Inc., Personalized User Model LLP. (Attachments: # 1 Letter)(Tigan, Jeremy)

Personalized User Model LLP v. Google Inc.

Doc. 94

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PERSONALIZED USER MODEL, L.L.P., Plaint iff, v. GOOGLE, INC., Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 09-525 (LPS)

STIPULATED AMENDED SCHEDULING ORDER WHEREAS, during a telephonic hearing held on September 8, 2010, the Court ordered the parties to discuss an amended schedule; WHEREAS, pursuant to the Court's direct ion, the parties have discussed the timing of claim construction and discovery; IT IS HEREBY STIPULATED by the parties, subject to the approval of the Court, that Paragraphs 4(d), 4(f), 4(g), 6, and 7 the Court's April 12, 2010 Scheduling Order (D.I. 32), as previously amended, be further amended as follows: 4. Discovery. (d) before September 29, 2010. (f) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) Google shall serve supplemental invalidity contentions on or

are due from the party with the burden of proof on the issue the expert is offered thirty (30) days after the issuance of the Court's Markman decision. Rebuttal reports are due thirty (30) days from the date opening reports are due.

Dockets.Justia.com

(g)

Any party desiring to depose an expert witness shall notice and

complete said deposition no later than thirty (30) days from the date rebuttal reports are due, unless otherwise agreed in writing by the parties or ordered by the Court. 6. Case Dispositive Motions. Any case dispositive motions, pursuant to the

Federal Rules of Civil Procedure, shall be served and filed within thirty (30) days of the close of expert discovery. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed more than ten (10) days from the above date without leave of the Court. 7. Markman. A Markman hearing will be held on January ___, 2011.

P.U.M. shall identify 15 asserted claims no later than October 11, 2010. The parties shall identify and exchange their contentions for these 12 terms no later than October 18, 2010. Opening claim construction briefs must be filed by November 12, 2010. Answering claim construction briefs must be filed by December 10, 2010. The parties will conduct an in-person and/or DVD technical tutorial in conjunction with the Markman hearing. The Court, after reviewing the briefing, will allocate time to the parties for the hearing. The parties shall exchange materials (including exhibits, DVDs and demonstratives) to be used during the Markman hearing/tutorial no later than 48 hours prior to the hearing/tutorial. 10. A Pretrial Conference will be held on __________________________ in

Courtroom No. 6C, United States Courthouse, Boggs Federal Building, Wilmington, Delaware. A ___-day jury trial will commence on __________________________. All remaining dates in the Scheduling Order shall remain unchanged.

MORRIS, NICHOLS, ARSHT & TUNNELL LLP

POTTER ANDERSON & CORROON LLP

/s/ Jeremy A. Tigan
Karen Jacobs Louden (#2881) Jeremy A. Tigan (#5239) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 [phone] [e-mail] jt [e-mail] Attorneys for Plaintiff Personalized User Model, L.L.P. September 15, 2010
3774060

/s/ Richard L. Horwitz
___________________________________ Richard L. Horwitz (#2246) David E. Moore (#3983) Hercules Plaza, 6th Floor 1313 N. Market Street Wilmington, DE 19801 [phone] [e-mail] [e-mail] Attorneys for Defendant Google, Inc.

SO ORDERED this _______ day of __________, 2010.

__________________________________________ UNITED STATES DISTRICT JUDGE