ESN LLC v. Cisco Systems, Inc. et al

Filing 24

MOTION for Entry of Docket Control Order by ESN LLC, Cisco Systems, Inc., Cisco-Linksys LLC. (Attachments: # 1 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-DF JURY TRIAL DEMANDED

) )

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 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. 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

7

Patent L.R. 4-1(a)

November 7, 2008 November 21, 2008

8

Step

9

Action Rule 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 ONLY WITH LEAVE OF COURT may Cisco file a sur-reply Parties file Joint Claim Construction Chart Patent L.R. 4-5(d) Patent L.R. 4-4 Patent L.R. 4-2

Due Date December 5, 2008 October 22, 2008 December 19, 2008 January 20, 2009

10 11

12

Patent L.R. 4-2(c)

13

Patent L.R. 4-3

February 10, 2009 February 10, 2009 No later than 30 days before dispositive motions are due March 11, 2009

14

15

16

17 18 19 20

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

April 1, 2009 April 22, 2009 May 1, 2009 If allowed: May 8, 2009 At least 10 days before Claim Construction Hearing May 29, 2009

21

2

Step 22

Action Prehearing Conference and technical tutorial if necessary Claim Construction Hearing

Rule

Due Date June 10, 2009 2:00 pm June 11, 2009 9:00 am On or about (3 weeks after 23) subject to the Court's scheduling and/or use of a technical advisor

23

Patent L.R. 4-6

24

Court's Claim Construction Ruling

25

ESN makes final infringement contentions Cisco serves preliminary unenforceability contentions Cisco makes document production accompanying preliminary unenforceability contentions Cisco makes final invalidity contentions

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

26

27

28

Patent L.R. 3-6(b)

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

29

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 Deadline for disclosure of rebuttal expert testimony

Patent L.R. 3-8

30

31

32

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

On or about 90 days after 24

33

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

On or about 110 days after 24

3

Step 34 35

Action Deadline for late mediation at the Parties' request Deadline for completion of expert discovery

Rule

Due Date TBD by Court 30 days after rebuttal expert testimony 14 days after 35 At least 75 days before initial pretrial conference January 19, 2010 January 19, 2010

36 37

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 FRCP 26(a)(3)

38 39

At least 30 days before initial pretrial conference March 5, 2010 At least 30 days before initial pretrial conference March 5, 2010 At least 30 days before initial pretrial conference March 5, 2010

40

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

41

42

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.

March 21, 2010

4

Step 43

Action 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 Folsom Privilege Logs

Rule

Due Date April 5, 2010

44 45 46

April 5, 2010

September 22, 2008

5