Compression Labs Incorporated v. Adobe Systems Incorporated et al

Filing 143

Attachment 2
STATUS REPORT : Joint Report Concerning Discovery and Scheduling by CLI. (Attachments: # 1 Exhibit A - Chart Combining Parties' Scheduling Proposals# 2 Exhibit B - Plaintiff's Proposed Scheduling Order# 3 Exhibit C - Defendants' Proposed Scheduling Order# 4 Exhibit D - Order Appointing Judge Robert M. Parker as Mediator)(Smith, Michael)

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Compression Labs Incorporated v. Adobe Systems Incorporated et al Doc. 143 Att. 2 Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION - - - - - - - - - - - - - - - - - - - - - - -x : : Plaintiff, : : v. : : 1. Agfa Corporation, : 2. Apple Computer, Incorporated, : 3. Axis Communications, Incorporated, : 4. Canon USA, Incorporated, : 5. Concord Camera Corporation, : 6. Creative Labs, Incorporated, : 7. Eastman Kodak Company, : : 8. Fuji Photo Film U.S.A., 9. Fujitsu Computer Products of America, Inc. : : 10. Gateway, Incorporated, : 11. Hewlett-Packard Company, : 12. JASC Software, : 13. JVC Americas Corporation, : : 14. Kyocera Wireless Corporation, 15. Matsushita Electric Corporation of America, : : 16. Mitsubishi Digital Electronics : America, Incorporated, : 17. Océ North America, Incorporated, : 18. Onkyo U.S.A. Corporation, : 19. PalmOne, Incorporated, : : 20. Panasonic Communications : Corporation of America, : 21. Panasonic Mobile Communications : Development Corporation of USA, : 22. Ricoh Corporation, : 23. Riverdeep, Incorporated (d.b.a. : Broderbund), : 24. Savin Corporation, 25. Thomson, Incorporated, and 26. Xerox Corporation, Compression Labs, Incorporated, Defendants. ---------------------x C.A. No. 2:04-CV-158 DF PLAINTIFF'S PROPOSED SCHEDULING ORDER CHICAGO 296128v1 22768-00143 Dockets.Justia.com Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 2 of 4 September 29, 2004 ­ Agfa November 1, 2004 Acer October 18, 2004 November 1, 2004 Parties exchange initial disclosures pursuant to Fed. R. Civ. P.26(a)(1). Plaintiff to serve "Disclosure of Asserted Claims and Preliminary Infringement Contentions" and supporting documents. Defendants serve "Preliminary Invalidity Contentions" as defined in the Joint Report Concerning Discovery and Scheduling, and supporting documents. Each party shall simultaneously exchange a list of claim terms, phrases, or clauses which that party contends should be construed by the Court, and identify any claim element which that party contends should be governed by 35 U.S.C. §112(6). Parties exchange "Preliminary Claim Constructions and Extrinsic Evidence" as defined in the Joint Report Concerning Discovery and Scheduling. Parties file "Joint Claim Construction and Prehearing Statement." Deadline to complete all discovery relating to claim construction, including any depositions with respect to claim construction of any witness, including experts, identified by a party with their proposed claim constructions or as one of their rebuttal witnesses on claim construction. All parties simultaneously serve and file their Opening Markman Brief and any evidence supporting their proposed claim construction. Plaintiff proposes that all parties simultaneously serve and file their rebuttal Markman briefs and any evidence directly rebutting the supporting evidence contained in the opposing parties' Opening Markman briefs. Claim Construction Hearing 9:00 a.m. in Texarkana, Texas Amend Pleadings without leave of court on this date, or 30 days after entry of the Court's claim construction ruling, whichever is later. (It is not necessary to file a motion for leave to amend pleadings prior to this date. It is necessary to file a motion for leave to amend after this date). November 17, 2004 December 3, 2004 December 15, 2004 December 22, 2004 January 17, 2005 February 7, 2005 February 8 , 2005 (or later) April 11, 2005 CHICAGO 296128v1 22768-00143 2 Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 3 of 4 April 25, 2005 Answer Amended Pleadings 15 days after entry of the Plaintiff shall serve updated, amended and/or modified Infringement court's ruling on claim Contentions in light of the court's ruling on claim construction. construction Amendment or modification of these contentions after this date may be made only by order of the Court, which shall be entered only upon a showing of good cause. May 16, 2005 Disclosure of opinions of counsel. 30 days after entry of the Defendants shall serve updated, amended and/or modified Invalidity court's ruling on claim Contentions in light of the court's ruling on claim construction. construction Amendment or modification of these contentions after this date may be made only by order of the Court, which shall be entered only upon a showing of good cause. June 1, 2005 June 15, 2005 June 15, 2005 July 15, 2005 Parties identify experts Deadline for Service of Expert Reports by the Party with the Burden of Proof on the Claim or Defense at Issue. Fact Discovery deadline. All fact discovery shall be commenced in time to be completed by this date. Deadline for Service of Rebuttal Expert Reports ­ Rebuttal expert testimony shall mean expert testimony that is solely intended to contradict or rebut expert testimony on the same subject matter identified by another party pursuant to Fed. R. Civ. P. 26(a)(c) and Local Rule CV-26(b). Deadline to conduct mediation. Close of Expert Discovery -- All expert discovery shall be commenced in time to be completed by this date. Dispositive Motions and any other motions that may require a hearing (including Daubert motions). Dispositive Motions may be filed earlier. Responses and Replies to be filed in accordance with Local Rule CV-7. Pretrial disclosures pursuant to Fed. R. Civ. P. 26(a)(3) due. Objection to pretrial disclosures due. See Rule 26(a)(3) for details. Plaintiff provides Plaintiff's portions of Joint Final Pretrial Order & charge to Defendants Defendants provide Defendants' portions of Joint Final Pretrial Order & charge to Plaintiff Meet & confer re: pretrial order & charge 3 May 1, 2005 July 18, 2005 July 1, 2005 August 29, 2005 September 12, 2005 September 14, 2005 September 21, 2005 September 26, 2005 CHICAGO 296128v1 22768-00143 Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 4 of 4 September 28, 2005 September 16, 2005 September 30, 2005 October __, 2005 October __, 2005 Joint Final Pretrial Order due. Joint Proposed Jury Instructions and Verdict Form due Motions in limine to be filed Responses to motions in limine due Final Pretrial Conference 9:00 a.m. in Marshall, Texas Jury Selection 9:00 a.m. in Marshall, Texas Entered this ______ day of ______________________, 2004. ____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE CHICAGO 296128v1 22768-00143 4

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