ESN LLC v. Cisco Systems, Inc. et al

Filing 21

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order Proposed Docket Control Order)(Albritton, Eric)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ESN, LLC, Plaintiff, v. CISCO SYSTEMS, INC., and CISCO-LINKSYS, LLC, Defendants. ) ) ) ) ) ) ) )

CIVIL ACTION NO. 5:08-CV-20 JURY TRIAL DEMANDED

) )

DOCKET CONTROL ORDER Pursuant to the Court's Order of March 11, 2008, Plaintiff ESN, LLC ("ESN") and Defendants Cisco Systems, Inc. and Cisco-Linksys, LLC (collectively "Cisco"), after having met and conferred about said order on April 1, 2008, hereby submit this Joint Proposed Docket Control Order. Step 1 2 Action Initial Case Management Conference ESN serves disclosure of asserted claims and preliminary infringement contentions of a reasonable number of representative claims ESN makes document production accompanying disclosure Initial Disclosures Cisco serves preliminary invalidity contentions Cisco makes document production accompanying preliminary invalidity contentions Rule Patent L.R. 2-1 FRCP 26(f) Patent L.R. 3-1 Due Date April 22, 2008 April 18, 2008

3 4 5 6

Patent L.R. 3-2 FRCP 26(a)(1) Patent L.R. 3-3 Patent L.R. 3-4

April 18, 2008 May 2, 2008 June 2, 2008 June 2, 2008

Step 7

Action All parties make exchange of proposed terms and claim elements for construction ESN shall limit the number of asserted claims to no more than (10) and notify Cisco and the Court

Rule Patent L.R. 4-1(a)

Due Date August 29, 2008

8

September 8, 2008 September 15, 2008

9

All parties meet and confer to discuss list Patent L.R. 4-1(b) of proposed terms and claim elements for construction Deadline for early mediation at the Parties' request All parties make exchange of preliminary claim construction and extrinsic evidence All parties meet and confer to discuss preliminary claim construction and extrinsic evidence All parties jointly file Joint Claim Construction and Prehearing Statement Deadline to join other parties without leave of Court, which shall be at least 60 days before dispositive motions Deadline to file amended pleadings without leave of Court Completion of Claim Construction discovery ESN files opening claim construction brief Cisco files responsive claim construction brief ESN files reply brief on claim construction Patent L.R. 4-4 Patent L.R. 4-2

10 11

September 30, 2008 October 10, 2008

12

Patent L.R. 4-2(c)

13 14

Patent L.R. 4-3

October 30, 2008 October 30, 2008

15

No later than 30 days before dispositive motions are due December 5, 2008 December 22, 2008 January 12, 2009 January 21, 2009

16

171

Patent L.R. 4-5(a)

18 19
1

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

The parties have agreed to discuss modifying the deadlines for claim construction briefs should the claim construction hearing be scheduled beyond February 2009.

2

Step 20 21

Action ONLY WITH LEAVE OF COURT may Cisco file a sur-reply Parties file Joint Claim Construction Chart

Rule

Due Date If allowed: January 28, 2009

Patent L.R. 4-5(d)

At least 10 days before Claim Construction Hearing Day before or day of claim construction hearing

22

Prehearing Conference and technical tutorial if necessary

23 24

Claim Construction Hearing Court's Claim Construction Ruling

Patent L.R. 4-6

At least 2 weeks after 20 On or about (3 weeks after 23) subject to the Court's scheduling and/or use of a technical advisor

25 26 27

ESN makes final infringement contentions Cisco serves preliminary unenforceability contentions Cisco makes document production accompanying preliminary unenforceability contentions Cisco makes final invalidity contentions Cisco makes disclosure relating to willfulness Cisco makes final unenforceability contentions Deadline for completion of all fact discovery, which shall be at least 90 days before the final pre-trial conference Deadline for disclosure of expert testimony on issues for which a party bears the burden of proof

Patent L.R. 3-6(a)

On or about 30 days after 24 On or about 40 days after 24 On or about 40 days after 24

28 29 30 31

Patent L.R. 3-6(b) Patent L.R. 3-8

On or about 50 days after 24 On or about 50 days after 24 On or about 60 days after 24 On or about 90 days after 24

32

FRCP 26(a)(2) L.R. CV-26(b)

On or about 90 days after 24

3

Step 33 34 35

Action Deadline for disclosure of rebuttal expert testimony Deadline for late mediation at the Parties' request 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 initial pretrial conference Deadline for filing all Daubert motions Deadline for parties to make pretrial disclosures ESN to provide to other parties its information for Joint Pretrial Order, Proposed Jury Instructions and Verdict Form Cisco to provide to ESN its information for Joint Pretrial Order, Proposed Jury Instructions and Verdict Form Parties to file Proposed Joint Pretrial Order, Proposed Jury Instructions, Joint Verdict Form and Motions in Limine. Prior to initial pretrial conference, parties shall confer with each other regarding the other party's Motions in Limine, deposition designations, and exhibit lists 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 4

Rule FRCP 26(a)(2) L.R. CV-26(b)

Due Date On or about 110 days after 24 TBD by Court 30 days after rebuttal expert testimony 14 days after 35 At least 75 days before initial pretrial conference Same as 37

36 37

38 39

FRCP 26(a)(3)

At least 30 days before initial pretrial conference At least 30 days before initial pretrial conference At least 30 days before initial pretrial conference

40

41

42

43

Step 44 45 46

Action Final Pretrial Conference before Judge David Folsom Jury Selection before Judge Folsom Privilege Logs

Rule

Due Date

August 20, 2008

5