Mirror Worlds, LLC v. Apple, Inc.

Filing 32

DOCKET CONTROL ORDER setting Amended Pleadings due by 10/26/2009; Respond to amended pleadings by 11-9-09. Discovery due by 6/4/2010. Expert Witness List due by 4/16/2010; Rebuttal expert witnesses identified by 5-14-2010. Identify trial witnesses by 6/11/2010; Rebuttal trial witnesses due 6-15-2010. Joinder of Parties due by 8/15/2008 for pltfs; 10-20-08 for defts. Jury instructions due by 7/23/2010. Dispositive Motions due by 6/18/2010; Response to Dispositive Motions due 7-09-2010. Proposed Pretrial Order due by 7/23/2010. Jury Selection set for 9/7/2010 09:00AM before Judge Leonard Davis. Jury Trial set for 9/13/2010 09:00 AM before Judge Leonard Davis. Markman Hearing set for 1/28/2010 09:30 AM before Judge Leonard Davis. Pretrial Conference set for 8/26/2010 09:00 AM before Judge Leonard Davis. Exhibits and Exhibit Lists due 9-13-2010. Expected Length of Trial is 5 days. Signed by Judge Leonard Davis on 09/18/08. cc:attys 9-18-08(mll, )

Mirror Worlds, LLC v. Apple, Inc.

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Case 6:08-cv-00088-LED

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC, Plaintiff, Civil Action No . 6 :08-CV-88 LED
V.

APPLE INC ., Defendant .

JURY TRIAL DEMANDED

DOCKET CONTROL ORDE R It is hereby ORDERED that the following schedule of deadlines is in effect until further order of this Court : 09 .13.2010 9 :00 a .m. JURY TRIAL as reached at the United States Distric t Court, 211 W. Ferguson, 3rd Floor, Courtroom of Judge Leonar d Davis, Tyler, Texas . EXHIBITS & EXHIBIT LISTS : ach party shall provide the Court with one 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 .go v under "Orders & Forms . " The parties are further requested to have all exhibits labeled with th e 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 or pulling those xhibits dmitted t trial o 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 the conclusion of trial, all boxes of exhibits shall be returned t o the respective parties and the parties are instructed to remove thes e exhibits from the courtroom . Within two business days of the conclusion of trial, each party shal l submit to the Court the following : (1) A disk or disks containing all admitted trial exhibits in PD F format . f tangible exhibits were admitted, such exhibits shall b e substituted with a photograph to be converted to a PDF file and shall b e included in the Court's disk of admitted exhibits . f the Court ordered any exhibits sealed during trial, the Sealed Exhibits shall be copied on a separate disk .

09 .13 .2010

Dockets.Justia.com

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(2) A disk or disks containing the transcripts of Vide o Depositions played during trial, along with a copy of the actual vide o deposition . After verification of exhibit lists by the Clerk, the lists shall b e filed by the Clerk, and the disk or disks containing the exhibits in PD F format shall be stored in the Clerk's Office, Tyler Division . 9.07 .2010 9 :00 a.m. JURY SELECTION at the United States District Court , 2 11 W. Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis , Tyler, Texas . 9 :00 a.m. PRETRIAL CONFERENCE at the United States Distric t Court, 211 W. Ferguson, Yd Floor, Courtroom of Judge Leonar d Davis, Tyler, Texas. All pending motions will be heard . 8 .24 .2010 Parties to file estimates of the amount of time they request at jury selection and trial for (1) voir dire, (2) opening statements, (3) direc t 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-tria l conference which paragraphs are agreed to and those that need to b e addressed at the pre-trial conference . Pretrial Objections due . Objections to Rebuttal Deposition Testimony due . Rebuttal Designations and Objections to Deposition Testimony due . Cross examination line and page numbers to be included . n vide o depositions, each parry is responsible for preparation of the final edite d video in accordance with their parties' designations and the Court' s rulings on objections . Pretrial Disclosures due . Video and Stenographic Deposition Designation due . Each party wh o proposes to offer deposition testimony shall file a disclosure identifyin g the line and page numbers to be offered . 7 .23 .2010 Joint Pretrial Order, Joint Proposed Jury Instructions with citation t o authority and Form of the Verdict for jury trials due . Proposed Findings of Fact and Conclusions of Law with citation to authority for issue s tried to the bench . Notice of Request for Daily Transcript or Real Time Reporting of Cour t Proceedings due . f a daily transcript or real time repo rting of cou rt
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8.26 .2010

8 .23 .2010

8 .20 .2010 8 .16 .2010 8 .9 .2010

7 .26 .2010

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proceedings is requested for trial or hearings, the party or partie s making said request shall file a notice with the Court and email th e Cou rt Repo rter, Shea Sloan, at s hea-sloan@txed .uscourts .go v .
7 .09 .2010

Response to Dispositive Motions (including Dauhert motions) due . Responses to dispositive motions filed prior to the dispositive motio n deadline, including Dauhert motions, shall be due in accordance with Local Rule CV-56 and Local Rule CV-7 . Motions to extend page limit s will only be anted in exce tional circumstances . Dispositive Motions due from all parties and any other motions tha t may require a hearing (including Dauhert motions) due . otion s . Motions to shall comply with Local Rule CV-56 and Local Rule CV-7 extend page limits will only be granted in exceptional circumstances . Parties to Identify Rebuttal Trial Witnesses . Parties to Identify Trial Witnesses; Amend Pleadings (after Markman Hearing) . t is not necessary to file a Motion for Leave to Amen d before the deadline to amend pleadings . It is necessary to file a Motio n for Leave to Amend after the deadline . However, except as provided i n Patent ule -6, f the mendment ould ffect nfringemen t contentions or invalidity contentions, a motion must be made pursuan t to Patent Rule 3-6 irrespective of whether the amendment is made prio r to this deadline . Discovery Deadline . Parties designate rebuttal expert witnesses (non-construction issues) , Rebuttal expert witness reports due . Refer to Local Rules for require d information . f proof designate xpert itnesses non Parties ith urden construction issues) . Expert witness reports due . Refer to Local Rules for required information . Comply with P.R.3-7 - Furnishing documents and privilege log s pert aining to willful infringement.
Markman

6 .18.2010

6 .15 .2010 6 .11 .2010

6 .04 .2010 5 .14 .2010

4 .16 .2010

2 .26 .2010 1 .28 .2010

hearing and hearing on any Motion for Summary Judgment of Indefiniteness at 9 :30 a.m. at the United States Distric t Court, 211 West Ferguson, 3rd Floor, Courtroom of Judge Leonard Davis, Tyler, Texas .

1 .21 .2010

P .R . 4-5(d) Chart due . Parties shall jointly submit a claim constructio n chart on computer disk in WordPerfect format or in such other format a s the Court may direct in accordance with P .R . 4-5(d) . Reply to Motion for Summary Judgment of Indefiniteness due. The
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filing party is to provide the Court with 2 binders containing their brie f and exhibits appropriately tabbed . f a technical advisor has bee n 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 t o 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 anted in exceptional circumstances . 1 .15 .2010 Parties to file a notice with the Court stating the estimated amount o f time requested for the Markman Hearing . he Court will notify th e parties if it is unable to accommodate this request . Comply with P.R. 4-5(c) - Reply brief and supporting evidence due r e response to claim construction . The filing party is to provide the Court with 2 binders containing their reply brief and exhibits appropriatel y tabbed . If a technical advisor has been appointed the moving parry is to provide their brief on disk or CD along with a hard copy, tabbed an d 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 alon g 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 exceptiona l circumstances . 12 .18 .2009 Comply with P .R . 4-5(b) - Responsive brief and supporting evidenc e due to party claiming patent infringement . The fling party is to provide the Court with 2 binders containing their Markman brief and exhibits appropriately tabbed . f a technical advisor has been appointed the moving party is to provide their Markman brief on disk or CD alon g with a hard copy, tabbed and bound in notebook format with exhibits t o the advisor . Motion for Summary Judgment of Indefiniteness due . The movin g party is to provide the Court with 2 binders containing their brief an d exhibits appropriately tabbed . If a technical advisor has been appointe d 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 .
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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 exceptiona l circumstances . 12 .3 .2009 Comply with P .R . 4-5(a) - The party claiming patent infringement shall serve and file an opening brief and any evidence supporting it s claim construction . he filing party is to provide the Court with 2 binders containing their Markman brief and exhibits appropriatel y 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 exceptiona l circumstances . 12 .18 .2009 Tutorials due . Deadline for parties, if they desire, to provide Court with f a technica l tutorials concerning technology involved in patent . advisor has been appointed, each party that provides a tutorial shal l provide a copy to the advisor . Discovery Deadline - Claim Construction Issues . Respond to Amended Pleadings . Proposed Technical Advisors due . arties to provide name, address , phone number, and curriculum vitae for up to three agreed technica l advisors and nformation regarding the nominees' vailability fo r Markman hearing or a statement that they could not reach an agreement as to any potential technical advisor . f the parties cannot agree on a technical advisor, they shall not submit any proposed technical advisor s to the Court . Amended Pleadings (pre-claim construction) due from all parties . It is not necessary to file a Motion for Leave to Amend before the deadlin e to amend pleadings . t is necessary to file a Motion for Leave t o Amend after the deadline . owever, if the amendment would affect infringement contentions or invalidity contentions, a motion must b e made ursuant o atent Rule -7 rrespective f whether th e amendment is made prior to this deadline . Comply with P .R. 4-3 - Piling of Joint Claim Construction an d Prehearing Statement .

11 .23 .2009

11 .9 .2009 11 .2 .2009

10 .26 .2009

10 .23 .2009

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9 .23 .2009

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 o f privileged documents) .

9 .2 .2009 10 .20 .2008

Comply with P .R. 4-1 - Exchange Proposed Terms and Claim Elements fo r Construction . 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 t o join additional parties prior to this date . hereafter, it is necessary to obtai n 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.
Add any inequitable conduct allegations to pleadings . t is not necessary to

file a motion for leave to add inequitable conduct allegations to pleadings prio r to this date . hereafter, it is necessary to obtain leave of Court to ad d
inequitable conduct allegations to pleadings .

8 .15 .2008

Comply with P . R. 3- 1 and P .R . 3-2 - Disclosure of Asserted Claim s and Infringement Contentions due . Thereafter, it is necessary to obtain leave of Court to add and/or amend infringement contentions, pursuan t to Patent Rule 3-6 . Plaintiff shall join additional parties . It is not necessary to file a motio n to join additional parties prior to this date . Thereafter, it is necessary to obtain leave of Court to join additional parties . Plaintiff shall add new patents and/or claims for patents-in-suit- It is no t necessary to file a motion to add additional patents or claims prior t o this date. hereafter, it is necessary to obtain leave of Court to ad d patents or claims . Mediation : Parties are discussing a mediator and mediation dates .

No. of trial days

EXPECTED LENGTH OF TRIAL - 10 days 5 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 parry fails to oppose a motion in the manner prescribed herein the Court will assume that th e
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party has no opposition ." Local Rule CV-7(e) provides that a party opposing a motion has 15 ays in which to serve and file supporting documents and briefs after which the Court will consider the submitted motion for decision .
OTHER LIMITATION S

(a)

(b)

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 : (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 ; 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 18th day of September, 2008.

__________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE

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