Paid Search Engine Tools, LLC v. Google, Inc. et al

Filing 51

DOCKET CONTROL ORDER - Markman Hearing set for 2/10/2010 09:00 AM before Magistrate Judge Charles Everingham., Jury Selection set for 10/5/2010 10:00AM before Judge David Folsom. Final Pretrial Conference before Judge Folsom 10/4/2010. All other deadlines are set forth herein. Signed by Magistrate Judge Charles Everingham on 12/15/08. (ch, )

Paid Search Engine Tools, LLC v. Google, Inc. et al

Doc. 51

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PAID SEARCH ENGINE TOOLS, LLC VS. § § § §

Civil Action No. 208cv61 DF-CE

GOOGLE, INC. AND MICROSOFT CORPORATION

§ §

DOCKET CONTROL ORDER After reviewing the parties Joint Case Management Report, the Court hereby enters the following Docket Control Order pursuant to this Court's Local Rule CV-16 and FED. R. CIV. P. 16: STEP 1 ACTION Initial Case Management Conference Patentee serves Disclosure of Asserted Claims and Preliminary Infringement Contentions of a reasonable number of representative claims Patentee makes Document Production Accompanying Disclosure Initial Disclosures Accused Infringer serves Preliminary Invalidity Contentions RULE P. R. 2-1 FRCP 26(f) P.R. 3-1 DATE DUE October 27, 2008

2

October 17, 2008

3

P..R. 3-2

October 17, 2008

4 5

FRCP 26(a)(1) P..R. 3-3

November 21, 2008 February 20, 2009

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Dockets.Justia.com

STEP 6

ACTION

RULE

DATE DUE February 20, 2009

7

8

9

10

11

12

13

Accused Infringer P.R. 3-4 makes Document Production Accompanying Preliminary Invalidity Contentions All parties make P.R. 4-1(a) Exchange of Proposed Terms and Claim Elements for Construction Patentee shall limit the number of asserted claims to no more than ten (10) and notify the accused infringer and Court All parties meet and P. R. 4-1(b) confer to discuss list of Proposed Terms and Claim Elements for Construction Deadline for early mediation at the Parties' request All parties make P. R. 4-2 Exchange of Preliminary Claim Constructions and Extrinsic Evidence All parties meet and P. R. 4-2(c) confer to discuss Preliminary Claim Constructions and Extrinsic Evidence All parties jointly file P. R. 4-3 Joint Claim Construction and Prehearing Statement

June 12, 2009

June 26, 2009

July 2, 2009

N/A

August 3, 2009

August 17, 2009

September 4, 2009

2

STEP 14

ACTION 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 Patentee files opening claim construction brief Accused Infringer files responsive claim construction brief Patentee files reply brief on claim construction ONLY WITH LEAVE OF COURT Accused infringer files sur-reply brief on claim construction Parties file Join Claim Construction Chart Pre-hearing Conference and technical tutorial if necessary Claim Construction Hearing Court's Claim Construction Ruling

RULE

DATE DUE September 4, 2009

15

November 2, 2009

16

P. R. 4-4

September 18, 2009

17

P R. 4-5(a)

October 2, 2009

18

P. R. 4-5(b)

November 2, 2009

19 20

P. R. 4-5(c)

November 16, 2009 December 11, 2009

21 22

P. R. 4-5(d)

January 27, 2010 February 9, 2010

23 24

P. R. 4-6

February 10, 2010, 9:00 a.m. [ (3 weeks after 23) subject to the Court's scheduling and/or use of a technical advisor]

3

STEP 25

ACTION

RULE

DATE DUE 30 days after claim construction ruling

26

27

28

29

30

31

32

33

34

Patentee makes Final P. R. 3-6(a) Infringement Contentions Accused Infringer serves Preliminary Unenforceability Contentions Accused Infringer makes Document Production Accompanying Preliminary Unenforceability Contentions Accused Infringer P.R. 3-6(b) makes Final Invalidity Contentions Accused Infringer P.R. 3-7 makes disclosure relating to willfulness Accused Infringer makes Final Unenforceability Contentions Deadline for completion of all fact discovery, which shall be at least 90 days before the final pretrial conference Deadline for disclosure FRCP 26(a)(2) L.R. of expert testimony on CV-26(b) issues for which a party bears the burden of proof Deadline for disclosure FRCP 26(a)(2) L.R. of rebuttal expert CV-26(b) testimony Deadline for late mediation

40 days after claim construction ruling

40 days after claim construction ruling

50 days after claim construction ruling

50 days after claim construction ruling

60 days after claim construction ruling

80 days after claim construction ruling

90 days after claim construction ruling

110 days after claim construction ruling October 18, 2009

4

STEP 35

ACTION Deadline for completion of expert discovery Deadline for objections to other parties' expert witnesses Deadline for filing dispositive motions, including motions on invalidity and unenforceability, which shall be at least 75 days before the initial pretrial conference Deadline for filing all Daubert motions

RULE

DATE DUE 30 days after rebuttal expert testimony

36

14 days after deadline for completion of expert discovery

37

75 days before initial pretrial conference

38

75 days before initial pretrial conference

39

40

41

Deadline for parties to FRCP 26(a)(3) make pretrial disclosures Patentee to provide to other parties its information for Joint Final Pretrial Order, Proposed Jury Instruction and Verdict Form Defendant and Thirdparties to Provide to Patentee their information for Joint Final Pretrial Order, Proposed Jury Instruction and Verdict Form

30 days before initial pretrial conference 30 days before initial pretrial conference

30 days before initial pretrial conference

5

STEP 42

ACTION 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 exhibit 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

RULE

DATE DUE 2 weeks before initial pretrial conference

43

Court will set at a later date.

44

October 4, 2010*

45

October 5, 2010, 10:00 a.m.

6

SIGNED this 15th day of December, 2008.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE

7