Motorola Mobility, Inc. v. Apple, Inc.

Filing 363

AMENDED SCHEDULING ORDER and ORDER Granting in Part Motion to Amend the Procedural Schedule. First Joint Interim Status Report due by 03/01/2013. First Mediation due by 05/31/2013. Expert Discovery due by 10/4/2013. Fact Discovery due by 7/5/2013. Second Mediation Deadline 11/15/2013. Dispositive Motions due by 11/1/2013. Pretrial Motions (In Limine Motions/Daubert) due by 1/31/2014. Pretrial Stipulation due by 3/24/2014. Second Joint Interim Status Report due by 11/8/2013. Calendar Call set for 4/15/2014 before Judge Robert N. Scola Jr. Trial set for 4/21/2014 before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 10/24/2012. (See order for more details and deadlines)(jua)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

MOTOROLA MOBILITY, INC.,
Plaintiff,
v.
Consolidated Cases
APPLE INC.,

Case No. 1:12-cv-20271-RNS
Defendant.

Case No. 1:10-cv-23580-RNS

APPLE INC.,
Counterclaim Plaintiff,
v.
MOTOROLA, INC., et al.,
Counterclaim Defendants.

AMENDED SCHEDULING ORDER
AND ORDER ON APPLE’S MOTION TO AMEND SCHEDULE
THIS MATTER is before the Court upon Apple’s Motion to Amend the Procedural
Schedule [ECF No. 132], filed on October 11, 2012.
as set forth below.

This Motion is GRANTED IN PART,

To summarize, the Court adopts the parties’ agreed-upon supplemental

deadlines, as well as Apple’s proposed deadline of February 4, 2013 to exchange claim terms for
construction.

The Court also selects December 14, 2012 as the deadline for the parties to

accuse new products in this case.
This Amended Scheduling Order, which sets forth all case deadlines in one place, shall
supersede all prior scheduling orders in this case. The following deadlines shall govern:

Case Event

Deadline

Infringement Contentions

Nov. 7, 2012

Invalidity Contentions

Dec. 5, 2012

Deadline for Accusing New Products

Dec. 14, 2012

Exchange Non-Infringement, Validity, and Secondary
Consideration Contentions

Jan. 24, 2013

Deadline to Exchange Claim Terms for Construction

Feb. 4, 2013

Exchange Proposed Constructions (including extrinsic
and intrinsic evidence)

Feb. 12, 2013

First Joint Interim Status Report

Mar. 1, 2013

File Proposed Joint Claim Constructions

Mar. 2, 2013

Opening Markman Brief Due

Mar. 5, 2013

Reply Markman Brief Due

Mar. 26, 2013

Markman Hearing (2012 claims)

Apr. 26, 2013

First Mediation Deadline

May 31, 2013

Fact Discovery Deadline

July 5, 2013

Opening Expert Reports Deadline

Aug. 16, 2013

Rebuttal Expert Reports Deadline

Sept. 6, 2013

Expert discovery Deadline

Oct. 4, 2013

Dispositive Motions Deadline

Nov. 1, 2013

Second Joint Interim Status Report

Nov. 8, 2013

Second Mediation Deadline

Nov. 15, 2013

Pretrial Motions (Motions in Limine / Daubert) Deadline

Jan. 31, 2014

Pretrial Stipulation and Proposed Jury Instructions Deadline

Mar. 24, 2014

Calendar Call

Apr. 15, 2014

Trial Period

Apr. 21, 2014

The parties shall comply with the following procedures and instructions:
1. Interim Joint Status Report.

The parties are required to submit an interim joint status

report addressing the following issues:
a) Have all defendants been served?

If not, state the reasons.

b) Have all defendants responded to the complaint?

If not, state the reasons.

c) If this is a class action, has a motion for class certification been filed?
status?
d) Have the parties agreed on and selected a mediator?
place, date, and time for mediation?

If so, what is its

Have the parties agreed upon a

e) Have the parties engaged in informal settlement negotiations? If not, explain the
reasons for the failure to do so. If yes, state the status of such negotiations (e.g.,
ongoing, impasse, etc.) and the relative prospects for resolution through informal
means.
f) Describe the status of discovery conducted to date, and identify whether the parties
reasonably believe that they will be able to complete discovery by the Court’s deadline.
If not, explain the reasons.
g) Identify any other issues that the Court should be aware of that may affect the
resolution of this matter or the schedule as currently set.
h) For Fort Lauderdale/West Palm division cases, the parties shall indicate whether they
prefer to try the case in Miami or Fort Lauderdale/West Palm.

2. Jury Instructions.

The parties shall submit their proposed jury instructions jointly,

though they need not agree on each proposed instruction. Where the parties do agree on a
proposed instruction, that instruction shall be set out in regular typeface. Instructions proposed
only by a plaintiff shall be underlined. Instructions proposed only by a defendant shall be boldfaced.

Every instruction must be supported by a citation of authority. The parties shall use as

a guide the Eleventh Circuit Pattern Jury Instructions for Civil Cases, including the directions to
counsel, or the applicable state pattern jury instructions. The parties shall jointly file their
proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to
the Court via e-mail at [e-mail] in MS Word format (.doc).
3. Trial Exhibits.

All trial exhibits must be pre-marked.

Plaintiff’s exhibits shall be

marked numerically with the letter “P” as a prefix. Defendant’s exhibits shall be marked
alphabetically with the letter “D” as a prefix.
the time of trial.

A list setting out all exhibits must be submitted at

This list must indicate the pre-marked identification label (e.g., P-1, or D-A)

and must also include a brief description of the exhibit.
4. Deposition Designations.

Any party intending to use deposition testimony as

substantive evidence must designate by line and page reference those portions in writing. The
designations must be served on opposing counsel and filed with the Court fourteen days before
the deadline to file the joint pretrial stipulation.

The adverse party must serve and file any

objections and any cross-designations within seven days. The initial party shall then have
seven days to serve and file objections to the cross-designations.
5. Voir Dire Questions. The Court will require each prospective juror to complete a brief
written questionnaire prior to the commencement of questioning in the courtroom.

Any party

may file, no more than five proposed, case-specific questions to be included in the questionnaire.
The proposed questions must be filed with the Court at the time of the filing of the joint pretrial
stipulation, and shall also be submitted to the Court via e-mail at [e-mail] in MS
Word format (.doc).
6. Settlement Notification.

If this matter is settled, counsel are directed to inform the

Court promptly via telephone [phone]) and/or e-mail ([e-mail]).

DONE and ORDERED in chambers, at Miami, Florida on October 24, 2012.

________________________________
ROBERT N. SCOLA, JR.
UNITED STATES DISTRICT JUDGE

Copies to:
U.S. Magistrate Judge
Counsel of Record