IP Innovation LLC et al v. Google, Inc.

Filing 34

DOCKET CONTROL ORDER - Amended Pleadings due by 7/16/2009., Discovery due by 1/5/2010., Markman Hearing set for 10/1/2009 09:30 AM in (Tyler) before Judge Leonard Davis., Motions in limine due by 3/15/2010., Proposed Pretrial Order due by 1/22/2010., Jury Selection set for 4/6/2010 09:00 AM in (Marshall) before Judge Leonard Davis., Jury Trial set for 4/12/2010 09:00 AM in (Marshall) before Judge Leonard Davis., Pretrial Conference set for 3/18/2010 09:00 AM in (Tyler) before Judge Leonard Davis. Mediation deadline 12/10/08. All other deadlines are set forth herein. Signed by Judge Leonard Davis on 6/5/08. (ch, )

IP Innovation LLC et al v. Google, Inc.

Doc. 34

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 1 of 8

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION § § § § § § § § § § § §

IP INNOVATION L.L.C. AND TECHNOLOGY LICENSING CORPORATION, Plaint iffs, v. GOOGLE INC., Defendant.

CASE NO. 2:07CV-503-LED JURY TRIAL REQUESTED

DOCKET CONTROL ORDER It is hereby ORDERED that the following schedule of deadlines is in effect until further order of this Court: April 12, 2010
Court designated date - not flexible without good cause Motion Required

9:00 a.m. JURY TRIAL as reached at the United States District Court, 100 E. Houston, Marshall, Texas.

April 12, 2010 Day of Trial

EXHIBITS & EXHIBIT LISTS Each party shall provide the Court with o ne set of exhibits and three copies of the exhibit list. The Court's preferred format for Exhibit Lists is available on the Court's website at www.txed.uscourts.gov under "Orders & Forms." T h e parties are further requested to have all exhibits labeled with the following information on each label: Designation of Plaintiff s or Defendant's Exhibit Number and Case Number. At the conclusion of the evidentiary phase of trial, each party shall be responsible for pulling those exhibits admitted at trial to be submitted to the jury. In addition, each party shall submit to the Court a Final Exhibit List of all of their exhibits admitted during trial. At t he conclusion o f t r ial, all bo xes of exhibits shall be returned to the respective parties and the parties are instructed to remove these exhibits from the courtroom. W it hin two business days of t he conclusion o f t r ia l, each party shall submit to the Court the following:

Dockets.Justia.com

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 2 of 8

April 6, 2010
Court designated date - not flexible without good cause Motion Required

( 1 ) A disk or disks containing all admitted trial exhibits in PDF format. If tangible exhibits were admitted, such exhibits shall be substituted with a photograph to be converted to a PDF file and shall be included in the Court's disk of admitted exhibits. If the Court ordered any exhibits sealed during trial, the Sealed Exhibits shall be copied on a separate disk. (2) A disk or disks containing the transcripts of Video Depositions played during trial, along with a copy of the actual video deposition. After verification of exhibit lists by the Clerk, the lists shall be filed by the Clerk, and the disk or disks containing the exhibits in PDF format shall be stored in the Clerk's Office, Tyler Division. 9:00 a.m. JURY SELECTION at the United States District Court, 100 E.
Houston, Marshall, Texas.

March 18, 2010
Court designated date - not flexible without good cause Motion Required

9:00 a.m. PRETRIAL CONFERENCE at the United States District Court, 211 W. Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler,
Texas.

March 16, 2010 2 days before pretrial March 15, 2010 3 days before pretrial March 15, 2010 5 days before pretrial February 26, 2010 20 days before pretrial February 22, 2010 25 days before pretrial

All pending motions will be heard. Lead trial counsel must attend the pretrial conference. Parties to file estimates of the amount of time they request at jury selection and trial for (1) voir dire, (2) opening statements, (3) direct and cross examinations, and (4) closing arguments. Motions in Limine due. The parties are directed to confer and advise the Court on or before 3:00 o'clock p.m. the day before the pre-trial conference which paragraphs are agreed to and those that need to be addressed at the pre-trial conference. Pretrial Objections due.

Object ions to Rebuttal Deposition Testimony due.

Rebuttal Designations and Objections to Deposition Testimony due. Cross examination line and page numbers to be included. In video depositions, each party is responsible for preparation of the final edited video in accordance with their parties' designations and the Court's rulings on objections.

2

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 3 of 8

February 11, 2010 35 days before pretrial January 22, 2010 55 days before pretrial

Pretrial Disclosures due. Video and Stenographic Deposition Designation due. Each party who proposes to offer deposition testimony shall file a disclosure identifying the line and page numbers to be offered. Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials due. Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried to the bench.

Notice of Request for Daily Transcript or Real Time Reporting of Court Proceedings due. If a daily transcript or real time reporting of court proceedings is requested for trial or hearings, the party or parties making said request shall file a notice with the Court and email the Court Reporter, Shea Sloan, at [e-mail]. February 17, 2010 Response to Dispositive Motions (including Daubert motions) due. At least 15 days after Responses to dispositive motions filed prior to the dispositive motion dispositive motion deadline, including Daubert motions, shall be due in accordance with date Local Rule CV-56 and Local Rule CV-7. Motions to extend page limits will only be granted in exceptional circumstances. February 2, 2010 Dispositive Motions due from all parties and any other motions that Court designated date - not may require a hearing (including Daubert motions) due. Motions shall flexible without good cause comply with Local Rule CV-56 and Local Rule CV-7. Motions to extend Motion Required page limits will only be granted in exceptional circumstances. January 29, 2010 Parties to Identify Rebuttal Trial Witnesses.
3 days before Dispositive Motions

January 19, 2010
14 days before Dispositive Motions

January 5, 2010
28 days before Dispositive Motions

Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Hearing). It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However, except as provided in Patent Rule 3-6, if the amendment would effect infringement contentions or invalidity contentions, a motion must be made pursuant to Patent Rule 3-6 irrespective of whether the amendment is made prior to this deadline. Discovery Deadline.

December 7, 2009
58 days before Dispositive Motions

November 25, 2009
68 days before Dispositive Motions

Parties designate rebuttal expert witnesses (non-construction issues), Rebuttal expert witness reports due. Refer to Local Rules for required information. Parties with burden of proof designate expert witnesses (non-construction issues). Expert witness reports due. Refer to Local Rules for required information.

3

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 4 of 8

October 27, 2009
98 days before Dispositive Motions October 1, 2009
Court designated date - not flexible without good cause Motion Required

Comply with P.R.3-7 - Furnishing documents and privilege logs pertaining to willful infringement. Markman hearing and hearing on any Motion for Summary Judgment of Indefiniteness at 9:30 a.m. at the United States District Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis,
Tyler, Texas.

September 24, 2009
7 days before Markman Hearing

P.R. 4-5(d) Chart due. Parties shall jointly submit a claim construction chart on computer disk in WordPerfect format or in such other format as the Court may 607cv503 IP Inndirect in accordance with P.R. 4-5(d). Reply to Motion for Summary Judgment of Indefiniteness due. The filing party is to provide the Court with 2 binders containing their brief and exhibits appropriately tabbed. If a technical advisor has been appointed the moving party is to provide their brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 45(e). Motions to extend page limits will only be granted in exceptional circumstances. Parties to file a notice with the Court stating the estimated amount of time requested for the Markman Hearing. The Court will notify the parties if it is unable to accommodate this request.
Comply with P.R. 4-5(c) - Reply brief and supporting evidence due re response to claim construction. The filing party is to provide the Court with 2 binders containing their reply brief and exhibits appropriately tabbed. If a technical advisor has been appointed the moving party is to provide their brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Response to Motion for Summary Judgment of Indefiniteness due. The filing party is to provide the Court with 2 binders containing their brief and exhibits appropriately tabbed. If a technical advisor has been appointed the moving party is to provide their brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e). Motions to extend page limits will only be granted in exceptional circumstances.

September 21, 2009 12 days before Markman Hearing

4

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 5 of 8

September 7, 2009 25 days before Markman Hearing

Comply with P.R. 4-5(b) - Responsive brief and supporting evidence due to party claiming patent infringement. The filing party is to provide the Court with 2 binders containing their Markman brief and exhibits appropriately tabbed. If a technical advisor has been appointed the moving party is to provide their Markman brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Motion for Summary Judgment of Indefiniteness due. The moving party is to provide the Court with 2 binders containing their brief and exhibits appropriately tabbed. If a technical advisor has been appointed the moving party is to provide their brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5(e). Motions to extend page limits will only be granted in exceptional circumstances. Comply with P.R. 4-5(a) - The party claiming patent infringement shall serve and file an opening brief and any evidence supporting its claim construction. The filing party is to provide the Court with 2 binders containing their Markman brief and exhibits appropriately tabbed. If a technical advisor has been appointed the moving party is to provide their Markman brief on disk or CD along with a hard copy, tabbed and bound in notebook format with exhibits to the advisor. Briefing shall comply with Local Rules CV-7 and 56 and Patent Rule 4-5 (e). Motions to extend page limits will only be granted in exceptional circumstances. Tutorials due. Deadline for parties, if they desire, to provide Court with tutorials concerning technology involved in patent. If a technical advisor has been appointed, each party that provides a tutorial shall provide a copy to the advisor.

August 24, 2009 40 days before Markman Hearing

August 20, 2009 42 days before Markman Hearing August 13, 2009 49 days before
Marknan Hearing

Discovery Deadline - Claim Construction Issues.

July 30, 2009 63 days before
Marknan Hearing

Respond to Amended Pleadings.

July 23, 2009 70 days before
Markman Hearing

Proposed Technical Advisors due. Parties to provide name, address, phone number, and curriculum vitae for up to three agreed technical advisors and information regarding the nominees' availability for Markman hearing or a statement that they could not reach an agreement as to any potential technical advisor. If the parties cannot agree on a technical advisor, they shall not submit any proposed technical advisors to the Court.

5

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 6 of 8

July 16, 2009 77 days before
Markman Hearing

July 13, 2009 80 days before
Markman Hearing

Amended Pleadings (pre-claim construction) due from all parties. It is not necessary to file a Motion for Leave to Amend before the deadline to amend pleadings. It is necessary to file a Motion for Leave to Amend after the deadline. However, if the amendment would affect infringement contentions or invalidity contentions, a motion must be made pursuant to Patent Rule 3-7 irrespective of whether the amendment is made prior to this deadline. Comply with P.R. 4-3 - Filing of Joint Claim Construction and Prehearing Statement. Comply with P.R. 4-2 - Exchange of Preliminary Claim Constructions and Extrinsic Evidence. Privilege Logs to be exchanged by parties (or a letter to the Court stating that there are no disputes as to claims of privileged documents).

October 22, 2008 85 days from when
Docket Control Order and Discovery Order due (plus 60 day extension)

October 2, 2008 65 days from when
Docket Control Order and Discovery Order due (plus 60 day extension)

Comply with P.R. 4-1 - Exchange Proposed Terms and Claim Elements for Construction.

August 25, 2008
55 days from when Docket Control Order and Discovery Order due (plus 30 day extension)

Comply with P.R. 3-3 and 3-4- Invalidity Contentions due. Thereafter, it is necessary to obtain leave of Court to add and/or amend invalidity contentions, pursuant to Patent Rule 3-6. Defendant shall join additional parties. It is not necessary to file a motion to join additional parties prior to this date. Thereafter, it is necessary to obtain leave of Court to join additional parties.

Defendant shall assert any counterclaims. After this deadline, leave of Court must be obtained to assert any counterclaims. Defendant shall produce documents sufficient to show in detail the functionality of the accused aspects of the accused instrumentalities identified by Plaintiffs. Add any inequitable conduct allegations to pleadings. It is not necessary to file a motion for leave to add inequitable conduct allegations to pleadings prior to this date. Thereafter, it is necessary to obtain leave of Court to add inequitable conduct allegations to pleadings. Production of documents (to the extent required pursuant to Paragraph 2 of the Proposed Discovery Order).and computation of damages due.

August 13, 2008
45 days after Rule 16 Scheduling Conference (plus 30 day extension)

6

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 7 of 8

July 29, 2008
30 days after Rule 16 Scheduling Conference (plus 30 day extension)

Initial Disclosures due (pursuant to Paragraph 1 of proposed discovery order).

June 9, 2008
4 days after Status Conference / 10 days before Docket Control Order and Discovery order is Due (plus 30 day extension)

Comply with P.R. 3-1 and P.R. 3-2 - Disclosure of Asserted Claims and Infringement Contentions due. Thereafter, it is necessary to obtain leave of Court to add and/or amend infringement contentions, pursuant to Patent Rule 3-6. Plaintiff shall join additional parties. It is not necessary to file a motion to join additional parties prior to this date. Thereafter, it is necessary to obtain leave of Court to join additional parties. Plaint iff shall add new patents and/or claims for patents-in-suit. It is not necessary to file a motion to add additional patents or claims prior to this date. Thereafter, it is necessary to obtain leave of Court to add patents or claims. Following a meet and confer, parties must submit to the Court this Discovery Order and Docket Control Order. (effective date of Rule 16 Scheduling Conference) Mediation to be completed. Hesha Abrams, 7616 Burns Run, Suite 180, Dallas, Texas 75248-2322, and [phone] is appointed as mediator in this cause. Mediation shall be conducted in accordance with the CourtAnnexed Mediation Plan. See Appendix H to Local Rules, available on the Court's website at www.txed.uscourts.gov. 8 days

May 30, 2008
10 business days after receipt of Notice of Scheduling Conference

December 10, 2008

No. of trial days

In the event that any of these dates fall on a weekend or Court holiday, the deadline is modified to be the next Court business day. The parties are directed to Local Rule CV-7(d), which provides in part that "[i]n the event a party fails to oppose a motion in the manner prescribed herein the Court will assume that the party has no opposition." Local Rule CV-7(e) provides that a party opposing a motion has 15 days in which to serve and file supporting documents and briefs after which the Court will consider the submitted motion for decision. OTHER LIMITATIONS (a) All depositions to be read into evidence as part of the parties' case-in-chief shall be EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those portions which are relevant to the issues in controversy shall be read into evidence. The following excuses will not warrant a continuance nor justify a failure to comply with the discovery deadline:

(b)

7

Case 2:07-cv-00503-LED

Document 32-3

Filed 05/30/2008

Page 8 of 8

(i) (ii)

The fact that there are motions for summary judgment or motions to dismiss pending; The fact that one or more of the attorneys is set for trial in another court on the same day, unless the other setting was made prior to the date of this order or was made as a special provision for the parties in the other case; and The failure to complete discovery prior to trial, unless the parties can demonstrate that it was impossible to complete discovery despite their good faith effort to do so.

(iii)

So ORDERED and SIGNED this 5th day of June, 2008.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

8