Selex Communications, Inc. v. Jajah, Inc.

Filing 26

Selex Communications, Inc. v. Jajah, Inc.

Doc. 26

Case 1:07-cv-00813-TWT

Document 26

Filed 08/24/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SELEX COMMUNICATIONS, INC. a Delaware Corporation Plaintiff, v. JAJAH, INC. Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No.: 1:07-cv-00813TWT

JOINT PROPOSED SCHEDULING ORDER

JOINT PROPOSED SCHEDULING ORDER The parties jointly file this proposed scheduling order. During the August 10, 2007 scheduling conference, the parties requested a slight modification to the deadlines as under the patent local rules due, in part, to the December and January holidays. The Court requested Mr. Yoon prepare a consent order incorporating the dates discussed and agreed to by the parties for submission to the Court for signature. Subsequent to the scheduling conference, the parties have agreed to a slight modification of the deadlines for the infringement and invalidity contentions. The proposed changes do not impact the close of

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Case 1:07-cv-00813-TWT

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fact discovery. The parties respectfully request entry of this proposed scheduling order.
Event Selex's infringement contentions Local Rule LPR 4.1: within 30 days after filing of joint preliminary report Due Date New Date: Sept. 4, 2007 Under LPR: Aug. 20, 2007

Jajah's invalidity contentions and response to infringement contentions

LPR 4.2, 4.3: within 30 days after plaintiff's disclosure of infringement contentions

New Date: Oct 4, 2007 Under LPR: Sept. 19, 2007

Exchange of proposed claim terms

LPR 6.1: not later than 90 days after filing of joint preliminary report LPR 6.2: not later than 20 days after the exchange of proposed claim terms LPR 6.3: not later than 130 days after filing of joint preliminary report LPR 6.4: No later than 15 days after service and filing of joint claim construction statement LPR 6.5: not later than 30 days after serving and

New Date: Oct. 29, 2007 Under LPR: Oct. 18, 2007 New Date: Nov. 16, 2007 Under LPR: Nov. 7, 2007 New Date: Dec. 7, 2007 Under LPR: Nov. 27, 2007 New Date: Dec. 21, 2007 Under LPR: Dec. 12, 2007 New Date: Jan. 7, 2008

Exchange of preliminary constructions Joint claim construction statement Completion of claim construction discovery

Opening claim construction briefs

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filing joint claim construction statement Responsive claim construction briefs LPR 6.5: not later than 20 days after service of opening claim construction brief

Under LPR: Dec. 27, 2007 New Date: Jan. 28, 2008 Under LPR: Jan. 16, 2008 See below [FEB 22, 2008 proposed]

Markman hearing Discovery of the substance of opinions of counsel tendered in defense to a charge of willful infringement

earlier of (1) 5 days after a Feb 15, 2008 ruling on summary judgment indicating triable issues of fact to which willfulness would be relevant; or (2) 30 days prior to close of fact discovery March 17, 2008

Close of fact discovery

Subject to the Court's calendar and as raised at the August 10, 2007 scheduling conference, the parties propose a date on or about February 22, 2008 1 for the Markman Hearing. Also, as raised at the scheduling conference, the parties requested clarification concerning the August 20, 2007 deadline to amend pleadings as listed in the Court's July 24, 2007 scheduling order. Discovery has just commenced and the parties were not required to provide discovery prior to August 20. Therefore, the Court clarified that a party may make a motion to amend the pleadings for good cause after August 20, particularly those that need a Federal Rule of Civil Procedure 9 basis for pleading and which basis may be determined during discovery.
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At the 8/10/07 scheduling conference, the parties requested February 15 but have subsequently agreed that February 22 is the new proposed date for the Markman Hearing.

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Dated:__August 22, 2007

By: /s/Christoper M. Arena Christopher M. Arena Georgia Bar No. 887755 Woodcock Washburn LLP 2002 Summit Blvd., Suite 800 Atlanta, GA 30319-6400 [phone] [phone] (fax) Counsel for Plaintiff, Selex Communications, Inc. By: /s/ Benjamin F. Easterlin IV Benjamin F. Easterlin IV Georgia Bar No. 237650 1180 Peachtree Street N.E. Atlanta, Georgia 30309-3521 (404) 572 - 2430 (404) 572 - 5140 Counsel for Defendant, JAJAH, Inc.

APPROVED AND SO ORDERED: BY THE COURT: August 23, 2007
/s/Thomas W. Thrash

U.S.D.C.J.

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