PA Advisors, LLC v. Google Inc. et al

Filing 300

AGREED AMENDED DOCKET CONTROL ORDER, ( Amended Pleadings due by 11/18/2009., Discovery due by 12/21/2009., Joinder of Parties due by 11/18/2009., Markman Hearing set for 9/17/2009 09:00 AM before Judge David Folsom., Proposed Pretrial Order due by 2/1/2010., Jury Selection set for 3/2/2010 09:00AM before Judge David Folsom., Pretrial Conference set for 3/1/2010 09:00 AM before Judge David Folsom.), Motions terminated: #296 Unopposed MOTION to Amend/Correct #186 Scheduling Order, filed by Google Inc... Signed by Judge David Folsom on 11/9/09. (ehs, )

PA Advisors, LLC v. Google Inc. et al

Doc. 300

Case 2:07-cv-00480-DF

Document 296-4

Filed 11/04/2009

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC Plaintiff, v. GOOGLE INC., et al, Defendants ' ' ' ' ' ' ' ' ' '

CIVIL ACTION NO. 2:07-CV-480-DF JURY TRIAL DEMANDED

[PROPOSED] AGREED AMENDED DOCKET CONTROL ORDER After consideration of the Unopposed Motion to Amend Docket Control Order, the Court hereby ORDERS that the Docket Control Order be amended as follows:
STEP ACTION DEADLINE

1 2

Initial Case Management Conference. P.R. 2-1 FRCP 26(f) Patentee serves Disclosure of Asserted Claims and Preliminary Infringement Contentions. P.R. 3-1. Patentee makes Document Production Accompanying Disclosure. P.R. 3-2. Initial Disclosures FRCP 26(a)(1) Accused Infringer serves Preliminary Invalidity Contentions. P.R. 3-3 Accused Infringer makes Document Production accompanying preliminary invalidity contentions. P.R. 3-4 All parties make Exchange of Proposed Terms and Claim Elements for Construction. P.R. 4-1(a) 0 Patentee shall limit the number of asserted claims to no more than ten (10) and notify the accused infringer and court.

07/24/08 08/22/08

3 4 5 6

08/22/08 09/05/08 11/14/08 11/14/08

7

03/06/09

8

03/13/09

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Dockets.Justia.com

Case 2:07-cv-00480-DF

Document 296-4

Filed 11/04/2009

Page 2 of 4

STEP

ACTION

DEADLINE

9

All parties meet and confer to discuss list of Proposed Terms and Claim Elements for Construction. P.R. 4-1(b)

Parties to schedule at least two conferences on mutually convenient dates and times 03/20/09

10

All parties make Exchange of Preliminary Claim Constructions and Extrinsic Evidence. P.R. 4-2 All parties meet and confer to discuss Preliminary Claim Constructions and Extrinsic Evidence. P.R. 4-2(c)

11

Parties to schedule at least two conferences on mutually convenient dates and times 05/15/09 11/18/08 11/18/08 06/05/09 06/18/09 07/20/09 08/10/09 09/07/09 09/16/09 9/17/09 at 9:00 a.m. 9/30/09 For Google: 10/30/09 For Yahoo!: 11/30/09

12 13 14 15 16 17 18 19 20 21 22 23

All parties jointly file Joint Claim Construction and Prehearing Statement. P.R. 4-3 Deadline to join other parties without leave of Court, which shall be at least 60 days before the deadline for filing dispositive motions. Deadline to file amended pleadings without leave of Court, which shall be at least 30 days before the deadline for dispositive motions. Completion of claim construction discovery. P.R. 4-4 Patentee files opening claim construction brief. P.R. 4-5(a) Accused Infringer files responsive claim construction brief. P.R. 4-5(b) Patentee files reply brief on claim construction. P.R. 4-5(c) Parties file Joint Claim Construction Chart. P.R. 4-5(d) Pre-hearing conference and technical tutorial, if necessary. Claim Construction Hearing. P.R. 4-6 Court's Claim Construction Ruling. Patentee makes Final Infringement Contentions. P.R. 3-6(a)

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Case 2:07-cv-00480-DF

Document 296-4

Filed 11/04/2009

Page 3 of 4

STEP

ACTION

DEADLINE

24

Accused Infringer serves Preliminary Unenforceability Contentions.

11/9/09 - 40 days after claim construction ruling 11/9/09 - 40 days after claim construction ruling. 11/16/09 ­ 60 days prior to deadline to file dispositive motions 11/19/09 - 50 days after claim construction ruling pursuant to P.R. 3-6(a). 11/19/09 - 50 days after claim construction ruling. 11/30/09 - 60 days after claim construction ruling. 11/30/09 12/21/09 12/21/09

25

Accused Infringer makes document production accompanying Preliminary Unenforceability Contentions.

26

Deadline to file letter brief requesting permission to file summary judgment motions

27

Accused Infringer makes Final Invalidity Contentions. P.R. 3-6(b)

28

Accused Infringer makes disclosure relating to willfulness. P.R. 3-8

29

Accused Infringer makes Final Unenforceability Contentions.

30 31 32

Deadline for late mediation at the Parties' request. Deadline for completion of all fact discovery. Deadline for disclosure of expert testimony on issues for which a party bears the burden of proof. FRCP 26(a)(2) L.R. CV-26(b)

33

Deadline for disclosure of rebuttal expert testimony. FRCP 26(a)(2) L.R. CV-26(b)

1/13/10

34 35 36 37

Deadline to file letter request for permission to file Daubert motions Deadline for filing dispositive motions, including motions on invalidity and unenforceability. Deadline for completion of expert discovery. Deadline for objections to other parties' expert witnesses.

Not required 1/15/10 1/29/10 2/5/10

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Case 2:07-cv-00480-DF

Document 296-4

Filed 11/04/2009

Page 4 of 4

STEP

ACTION

DEADLINE

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Deadline for parties to make pretrial disclosures. FRCP 26(a)(3) Deadline for filing all Daubert motions. Patentee to provide to other parties its information for Joint Final Pretrial Order, Proposed Jury Instructions and Verdict Form. Defendant and Third parties to provide to Patentee their information for Joint Final Pretrial Order, Proposed Jury Instructions and Verdict Form. Parties to file Proposed Joint Final Pretrial Order, Proposed Jury Instructions, Joint Verdict Forms and Motions in Limine. Prior to initial pretrial conference, parties shall confer with each other regarding the other party's Motion in Limine, deposition designations, and exhibits and shall submit to the Court in writing any objections they may have to the other party's Motions in Limine, deposition designations and exhibits. Initial Pretrial Conference and hearing on Motions in Limine if required and hearing on objections to deposition designations and exhibits. Final Pretrial Conference before Judge David Folsom. Jury Selection before Judge David Folsom.

2/15/10 2/5/10 2/1/10 2/1/10 2/15/10

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44 45

TBD March 1, 2010 March 2, 2010

SIGNED this 9th day of November, 2009.

____________________________________ DAVID FOLSOM UNITED STATES DISTRICT JUDGE

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