Google Inc. v. Traffic Information LLC

Filing 38

Second Joint Proposed Pretrial Order Lodged Joint Amended Submission Regarding Scheduling and Request for Amendment of the Discovery and Pretrial Scheduling Order. Filed by all parties. (Markley, Julia)

Julia E. Markley, OSB No. 000791 [e-mail] PERKINS COIE LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503.727.2222 Thomas H. Shunk (Ohio Bar No. 0025793) [e-mail] (admitted pro hac vice) Christina J. Moser (Ohio Bar No. 0074817) [e-mail] (admitted pro hac vice) BAKER & HOSTETLER LLP 3200 National City Center 1900 East Ninth Street Cleveland, Ohio 44114-3485 Telephone: [phone] Facsimile: 216.696.0740 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF OREGON GOOGLE INC., Plaintiff, v. TRAFFIC INFORMATION LLC, Defendant.

No. CV09-642-HU JOINT AMENDED SUBMISSION REGARDING SCHEDULING AND REQUEST FOR AMENDMENT OF THE DISCOVERY AND PRETRIAL SCHEDULING ORDER

Plaintiff Google Inc. ("Google") and defendant Traffic Information, LLC ("Traffic") have conferred concerning amendment to the Discovery and Pretrial Scheduling Order [ECF #3], proposed dates for the conduct of this case, and also scheduling of a Local Rule 16.2 conference for scheduling and planning. 1P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

JOINT SUBMISSION REGARDING SCHEDULING

41063-0124/LEGAL18077791.1

Despite their best efforts, the parties have been unsuccessful in reaching a mutuallyagreeable proposal. The parties note, however, that there are many areas of agreement between the two proposals. Google proposes that the Court adopt deadlines and details for disclosure of contentions by both parties in this case similar to those set out in the Patent Local Rules for the Northern District of California, Rules 2-1 through 3-7. Traffic proposes that the Court adopt the deadlines and details set out in the Patent Rules for the Eastern District of Texas, Rules 2-1 through 4-6. As such, the parties are submitting their respective proposals for the Court's consideration, which amends the parties Joint Submission Regarding Scheduling and Request for Amendment of the Discovery and Pretrial Scheduling Order filed October 7, 2009 [ECF 20], as follows: Event Traffic submit Disclosure of Asserted Claims and Infringement Contentions per P.R. 3-1 and produce documents per P.R. 3-2 Google's Proposal 4/27/2010 Traffic's Proposal Agreed.

Traffic deadline to respond to 5/4/2010 outstanding discovery requests Google submit Invalidity 5/21/2010 Contentions per P.R. 3-3 and produce documents per P.R. 34 Parties exchange proposed claim terms 5/28/2010

Agreed. Agreed.

Agreed

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JOINT SUBMISSION REGARDING SCHEDULING

41063-0124/LEGAL18077791.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

Event Exchange preliminary constructions and extrinsic evidence Parties submit Joint Claim Construction Chart setting out their respective positions Initial Markman Briefs exchanged simultaneously by the parties Response Markman Briefs exchanged simultaneously by the parties Markman Hearing (expected not to exceed two days) Deadline to amend contentions relating to infringement and validity by either party

Google's Proposal 6/18/2010

Traffic's Proposal Agreed.

7/2/2010

Agreed.

7/16/2010

Agreed.

8/13/2010

Agreed.

Proposed for 9/8/2010, at the convenience of the Court Google recommends that the Court adopt deadlines for disclosure of contentions by both parties similar to those set out in the Patent Local Rules for the Northern District of California, Rules 3-1 through 3-7 at the Court's convenience 30 days after Claim Construction Ruling 30 days after Claim Construction Ruling 60 days after Claim Construction Ruling

Agreed. Traffic recommends that the Court adopt deadlines for disclosure of contentions by both parties similar to those set out in the Patent Rules for the Eastern District of Texas

Court's Ruling on claim construction issues Close of Fact Discovery Exchange of Expert Reports on issues for which the parties bear the burden of proof Exchange of Rebuttal Expert Reports

at the Court's convenience 30 days after Claim Construction Ruling 60 days after Claim Construction Ruling 90 days after Claim Construction Ruling

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JOINT SUBMISSION REGARDING SCHEDULING

41063-0124/LEGAL18077791.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

Event Close of Expert Discovery Dispositive Motions due; each party limited to total of 50 pages of opening summary judgment briefing Response Briefs regarding dispositive motions due; each party limited to total of 50 pages of response summary judgment briefing Reply Briefs regarding dispositive motions due; each party limited to total of 35 pages of reply summary judgment briefing Joint Alternate Dispute Resolution Report due Pretrial Order due

Google's Proposal 90 days after Claim Construction Ruling 150 days after Claim Construction Ruling

Traffic's Proposal 120 days after Claim Construction Ruling 180 days after Claim Construction Ruling

180 days after Claim Construction Ruling

210 days after Claim Construction Ruling

194 days after Claim Construction Ruling

240 days after Claim Construction Ruling

30 days after Dispositive Motion Rulings 45 days after Dispositive Motion Rulings

Agreed. Agreed.

Pursuant to the Discovery and Pretrial Scheduling Order in this case issued June 2, 2009 [ECF #3], discovery is to be completed by October 7, 2009, and the Joint Alternate Dispute Resolution Report and Pretrial Order are due by November 6, 2009. The parties request that the Court extend the deadlines set out in the June 2, 2009 Order. Pursuant to Local Rule 100.6, all parties consent to the electronically filed signatures on this document.

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JOINT SUBMISSION REGARDING SCHEDULING

41063-0124/LEGAL18077791.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

DATED: April 12, 2010

Respectfully submitted, ____/s/ Thomas H. Shunk____________ Thomas H. Shunk (Ohio Bar No. 0025793) Christina J. Moser (Ohio Bar No. 0074817) BAKER & HOSTETLER LLP 3200 National City Center 1900 East Ninth Street Cleveland, Ohio 44114-3485 Telephone: [phone] Facsimile: 216.696.0740 (admitted pro hac vice) ___/s/ Julia E. Markley___________ Julia E. Markley, OSB No. 000791 [e-mail] PERKINS COIE LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Telephone: [phone] Facsimile: 503.727.2222 Attorneys for Plaintiff ____/s/ C. Dale Quisenberry________ C. Dale Quisenberry John T. Polasek Jeffrey S. David POLASEK, QUISENBERRY & ERRINGTON, L.L.P. 6750 West Loop South, Suite 920 Bellaire, Texas 77401 Telephone: [phone] Facsimile: [phone]

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JOINT SUBMISSION REGARDING SCHEDULING

41063-0124/LEGAL18077791.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]

_____/s/ Robert A. Shlachter________ Robert A. Shlachter, OSB No. 911718 Timothy S. DeJong, OSB No. 940662 STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. Oak Street, Fifth Floor Portland, Oregon 97204 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant

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JOINT SUBMISSION REGARDING SCHEDULING

41063-0124/LEGAL18077791.1

P e r k i n s Coie LLP 1120 N.W. Couch Street, Tenth Floor Portland, OR 97209-4128 Phone: [phone] Fax: [phone]