Motorola Mobility, Inc. v. Microsoft Corporation

Filing 49

Joint MOTION to Include Pretrial Dates on Claim Construction and Expert Discovery #36 Order, Set/Reset Deadlines/Hearings,, by Motorola Mobility, Inc.. (Attachments: #1 Exhibit)(Giuliano, Douglas) Modified text on 4/11/2011 (asl).

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:10-cv-24063-MORENO

MOTOROLA MOBILITY, INC.,
Plaintiff / Counterclaim Defendant,
v.
MICROSOFT CORPORATION,
Defendant / Counterclaim Plaintiff.
/

REVISED SCHEDULING ORDER TO INCLUDE
PRETRIAL DATES ON CLAIM CONSTRUCTION AND EXPERT DISCOVERY
THIS CAUSE came before the Court on the parties’ Joint Motion to Include Pretrial
Dates on Claim Construction and Expert Discovery (“Joint Motion”).

Upon the Court’s

consideration of the Joint Motion, and being otherwise informed in the premises, it is
ADJUDGED that the Joint Motion is Granted. The pre-trial and trial dates and deadlines
are as follows:
Infringement Contentions – Deadline for parties to make simultaneous April 15, 2011
exchange of infringement contentions for all patent claims they will be
asserting, including independent and dependent claims:
Invalidity Contentions – Deadline for parties to make simultaneous April 22, 2011
exchange of invalidity contentions for all patent claims asserted by the
opposing party, including all grounds of invalidity.
Claim Construction – List of claim limitations: Deadline for parties to April 29, 2011
make simultaneous exchange of limitations, not to exceed twenty-five
(25) per party, exclusive of means plus function claim limitations, that
they contend require construction from the Court.
Claim Construction – Proposed constructions/evidence: Deadline for May 6, 2011
parties to make simultaneous exchange of proposed constructions and
supporting evidence for all claim limitations exchanged.

Claim Construction – Meet and Confer: Last date for the parties to
meet and confer on claim construction issues.

May 13, 2011

Opening Claim Construction Briefs – Deadline for parties to make May 20, 2011
simultaneous exchange of opening briefs on claim construction, for all
claim limitations in dispute.
Responsive Claim Construction Briefs – Deadline for parties to make May 27, 2011
simultaneous exchange of responsive claim construction briefs, for all
claim limitations in dispute.
Claim Construction Hearing:
necessary

To be scheduled by the Court, if Week of May 30,
2011, or as soon
thereafter as the
Court can
accommodate

Opening Expert Reports – Deadline for parties to make simultaneous
exchange of expert report information required by the Local Rules
of this Court and Orders of this Court on issues on which the party
bears the burden of proof.

June 24, 2011

Rebuttal Expert Reports – Deadline for parties to make simultaneous
exchange of expert report information required by the Local Rules of
this Court and Orders of this Court on rebuttal issues:

July 7, 2011

Fact Discovery Completed – Deadline for parties to complete fact July 7, 2011
discovery
Expert Discovery Completed – Deadline for parties to complete expert
discovery

July 21, 2011

Deadline for the filing of all motions for summary judgment 

July 21, 2011

Deadline for the filing of pretrial motions, including motions in limine July 21, 2011
and Daubert motions
Mediation to be completed no later than

August 3, 2011

Plaintiff’s witness and exhibit lists to be served by fax or hand delivery October 5, 2011
no later than 5:00 P.M. on:
Defendant’s witness and exhibit lists to be served by fax or hand October 7, 2011
delivery no later than 5:00 P.M. on:
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Pretrial stipulations to be filed by:

October 11, 2011

Calendar Call at 2:00 P.M. on:

October 18, 2011

Trial set for the two-week period commencing:

October 24, 2011

DONE AND ORDERED in Chambers at Miami, Florida this

day of April, 2011.

FEDERICO A. MORENO
CHIEF UNITED STATES DISTRICT JUDGE
Copies provided to: Counsel of Record

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