Compression Labs Incorporated v. Adobe Systems Incorporated et al

Filing 143

Attachment 3

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. 3 Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS Compression Labs, Inc. Plaintiff, v. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Agfa Corporation Apple Computer, Incorporated, Axis Communications, Incorporated, Canon, USA, Incorporated, Concord Camera Corporation, Creative Labs, Incorporated, Eastman Kodak Company, Fuji Photo Film U.S.A., Fujitsu Computer Products of Am., Gateway, Incorporated, Hewlett-Packard Company, JASC Software, JVC Americas Corporation, Kyocera Wireless Corporation, Matsushita Electric Corporation of America, Mitsubishi Digital Electronics Am., Inc., Oce North America, Incorporated, Onkyo U.S.A. Corporation, palmOne, Incorporated, Panasonic Communications Corp. of America, Panasonic Mobile Communications of America, Ricoh Corporation, Riverdeep, Incorporated (d.b.a Broderbund, Savin Corporation, Thomson, S.A., Xerox Corporation, Defendants Civil Action No. 2-04CV-158-DF Dockets.Justia.com Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 2 of 4 SCHEDULING ORDER EVENT In the Agfa and Dell matters, parties exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1). Plaintiff shall serve "Disclosure of Asserted Claims and Preliminary Infringement Contentions" (defined in the accompanying joint report) and supporting documents. In the Acer matter, parties to exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1). 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). Defendants shall serve "Preliminary Invalidity Contentions" (as defined in the accompanying joint report). However, Defendants oppose the mandatory disclosure of documents concurrent with the service of "Preliminary Invalidity Contentions." Parties shall exchange "Preliminary Claim Constructions and Extrinsic Evidence" (as defined in the accompanying joint report). Parties shall simultaneously exchange a preliminary identification of any testimony of percipient and expert witnesses they intend to offer in rebuttal to any testimony of percipient and expert witnesses that the other side identified they contend supports their claim construction. With respect to any such rebuttal witness, percipient or expert, the parties shall also provide a brief description of the substance of that witness' proposed testimony. Deadline for parties to meet and confer regarding claim construction issues. 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. Plaintiff to serve and file its Opening Markman Brief and any evidence supporting its proposed claim construction. Defendants to serve and file their Opening Markman Brief(s) and Response(s) in Opposition to Plaintiff's Opening Markman Brief, Scheduling Order DATE September 29, 2004 October 18, 2004 November 1, 2004 November 17, 2004 December 3, 2004 December 17, 2004 January 7, 2005 January 12, 2005 January 26, 2005 February 2, 2005 March 2, 2005 2 Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 3 of 4 EVENT and any evidence supporting its proposed claim construction. Plaintiff to serve and file its Reply In Support of its Markman Brief and Response in Opposition to Defendants' Opening Markman Brief(s), and any evidence directly rebutting the supporting evidence contained in Defendants' Response(s). Each Defendant to serve and file its Reply In Support of its Markman Brief, and any evidence directly rebutting the supporting evidence contained in Plaintiff's Response in Opposition to Defendant's Opening Markman Brief. Technology Tutorial Claim Construction Hearing 9:00 a.m. in Texarkana, Texas In the Agfa and Acer matters, deadline for parties to agree on the number of expert witnesses. Plaintiff shall serve updated, amended and/or modified "Disclosure of Asserted Claims and Infringement Contentions" in light of the court's ruling on claim construction. Defendants shall serve updated, amended and/or modified "Invalidity Contentions" in light of the court's ruling on claim construction. Parties to identify expert witnesses Close of Fact Discovery -- All discovery shall be commenced in time to be completed by this date. DATE March 16, 2005 March 30, 2005 April 6, 2005 April 7, 2005 May 1, 2005 15 days after entry of the court's ruling on claim construction 30 days after entry of the court's ruling on claim construction June 1, 2005 June 15, 2005 Deadline for service of expert reports by the party with the burden June 15, 2005 or 45 days of proof on the claim or defense at issue after entry of the court's claim construction ruling, whichever is later Deadline for Mediation 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). Close of Expert Discovery -- All expert discovery shall be commenced in time to be completed by this date. July 1, 2005 July 15, 2005 or 75 days after entry of the court's claim construction ruling, whichever is later August 1, 2005 or 92 days after entry of the court's ruling on claim construction, whichever is later Scheduling Order 3 Case 2:04-cv-00158-DF Document 143 Filed 10/18/2004 Page 4 of 4 EVENT Parties to submit pretrial disclosures pursuant to Fed. R. Civ. P. 26(a)(3). Parties to submit objections to pretrial disclosures pursuant to Fed. R. Civ. P. 26(a)(3). Plaintiff to submit to Defendants its portions of Pretrial Order and Proposed Jury Instructions Parties to file motions in limine Defendants to submit to Plaintiff its portions of and revisions to the Pretrial Order, as well as Proposed Jury Instructions Deadline for parties to meet and confer regarding Joint Pretrial Order and Proposed Jury Instructions Submission of Joint Pretrial Order, Proposed Jury Instructions and Verdict Form Parties to file responses to motions in limine Final Pretrial Conference 9:00 a.m. in Marshall, Texas Jury Selection 9:00 a.m. in Marshall, Texas DATE August 29, 2005 September 12, 2005 September 14, 2005 September 16, 2005 September 21, 2005 September 26, 2005 September 28, 2005 September 30, 2005 October ___, 2005 October, ___, 2005 SIGNED this _____ day of _______________, 2004. HONORABLE DAVID FOLSOM UNITED STATES DISTRICT JUDGE Scheduling Order 4

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