Datatreasury Corporation v. Wells Fargo & Company et al

Filing 451

SECOND AMENDED/DOCKET CONTROl/SCHEDULING ORDER: Final Pretrial Conference set for 10/6/2008 10:00 AM in Ctrm 319 (Texarkana) before Judge David Folsom. Amended Pleadings due by 4/7/2007. Discovery due by 5/30/2008. Joinder of Parties due by 4/7/2007. Jury instructions due by 9/8/2008 Motions due by 6/2/2008. Proposed Pretrial Order due by 9/8/2008.. Signed by Judge David Folsom on 1/29/07. (mpv, )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION DATATREASURY CORPORATION, Plaintiff v. WELLS FARGO & COMPANY, ET AL., Defendants 2:06-CV-72 DF

SECOND AMENDED DOCKET CONTROL ORDER Came on this day for consideration, the parties' Joint Unopposed Motion to Modify Amended Docket Control Order and having considered the same, the Court finds that cause exists for the requested modifications. Accordingly, the Court hereby enters the following Second Amended Docket Control Order for this case: STEP
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1

ACTION
Initial Case Management Conference Parties Exchange Initial Disclosures Patentee serves Disclosure of Asserted Claims and Preliminary Infringement Contentions of less than 50 claims for all patents-in-suit (note the further limitation provided in step 11, infra) Patentee makes Document Production Accompanying Disclosure Accused Infringer serves Preliminary Invalidity Contentions Accused Infringer makes Document Production Accompanying Preliminary Invalidity Contentions Parties Exchange any Proposed Terms and Claim Elements for Construction Parties meet and confer to discuss list of Proposed Terms and Claim Elements for Construction Parties make Exchange of Preliminary Claim Constructions and Extrinsic Evidence in Support Respective Claim Constructions Parties meet and confer to discuss Preliminary Claim Constructions and Extrinsic Evidence Patentee shall limit the number of asserted claims to no more than eighteen (18) against a Litigant Group 1 and notify the Court and the accused infringers what ten

RULE
Patent L. R. 2-1 FRCP 26(f) FRCP 26(a) Patent L.R. 3-1 Patent L.R. 3-2 Patent L.R. 3-3 Patent L.R. 3-4 Patent L.R. 4-1(a) Patent L.R. 4-1(b) Patent L.R. 4-2(a) Patent L.R. 4-2(c)

DATE DUE
10/19/06 12/04/06 12/04/06 12/04/06 02/05/07 02/26/07 02/07/07 02/09/07 02/26/07 03/02/07 04/07/07

The parties inform the Court that a Litigant Group is defined as a defendant bank and, where applicable, the bank's correlative national association or holding company.

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claims are specifically asserted against Litigant Group. Parties file Joint Claim Construction and Prehearing Statement Parties file Amended Pleadings and join any additional parties Completion of Claim Construction Discovery Patentee files Opening Claim Construction Brief on Claim Construction issues Accused Infringer files Responsive Claim Construction Brief(s) on Claim Construction Issues Patentee files Reply Brief on Claim Construction issues Accused Infringer files Surreply Brief on Claim Construction Issues Parties file Claim Construction Chart

Patent L.R. 4-3

04/07/07 04/07/07

Patent L.R. 4-4 Patent L.R. 4-5(a) Patent L.R. 4-5(b) Patent L.R. 4-5(c)

04/27/07 05/28/07 07/09/07 08/23/07 09/10/07

Patent L.R. 4-5(d)

09/14/07 09/24/07 at 10 a.m. Each side shall have 4 hours to present. The hearing will continue on 9/25/07 if necessary. Subject to Court's schedule 30 days after the Court's Claim Construction Ruling 50 days after the Court's Claim Construction Ruling 10/01/07 04/11/08

20

Claim Construction Hearing

Patent L.R. 4-6

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Court's Claim Construction Ruling Patentee makes Final Infringement Contentions Accused Infringer makes Final Invalidity Contentions Accused Infringer makes Disclosure Relating to Willfulness Completion of all Remaining Fact Discovery Parties disclose Expert Witnesses and serve Expert Witness Reports Parties serve Rebuttal Expert Witness Reports Completion of Expert Discovery Deadline for filing all dispositive and summary judgment motions, Daubert/FRE 702 Motions and any other Motions to Strike or Limit Expert Testimony Deadline for filing Responses to all dispositive and summary judgment motions and any other Motions to Strike or limit Expert Testimony Deadline for filing Replies regarding all dispositive and summary judgment motions, Daubert/FRE 702 Motions, and Motions to Strike or Limit Experts Preliminary Pretrial Conference with Court to Discuss Trial Groupings/Management and Deadlines Deadline for filing Surreplies regarding all dispositive and summary judgment motions, Daubert/FRE 702 Motions, and Motions to Strike or Limit Experts Patentee's Pretrial Disclosures Accused Infringer's Pretrial Disclosures FRCP 26(a)(3) FRCP 26(a)(3) FRCP 26(a)(2) Patent L.R. 3-6(a) Patent L.R. 3-6(b) Patent L.R. 3-8

04/14/08 05/12/08 05/30/08 06/02/08 07/07/08 07/28/08 07/29/08 08/18/08 08/25/08 09/01/08

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Parties file Proposed Joint Final Pretrial Order including Proposed Jury Charge, Verdict Forms and Motions in Limine Parties file Responses to Motions in Limine Parties file Replies to Motions in Limine Final Pretrial Conference before Judge David Folsom Jury Selection

09/08/08 09/22/08 09/29/08 10/06/08 TBA

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This Docket Control Order shall not be modified except by leave of Court or upon the agreement of all parties and subsequent Court approval. IT IS SO ORDERED.
SIGNED this 29th day of January, 2007.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE