Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 979

AMENDED DOCKET CONTROL ORDER. Signed by Judge Leonard Davis on 09/15/11. cc:attys 9-15-11(mll, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EOLAS TECHNOLOGIES INCORPORATED, PLAINTIFF, v. ADOBE SYSTEMS INC., et al., DEFENDANTS. § § § § § § § § § § § Civil Action No. 6:09-CV-446-LED JURY TRIAL DEMANDED DOCKET CONTROL ORDER DESCRIPTION OF EVENT PROPOSED DATE Hearing re: Motion for Reconsideration and Motion for Leave to Amend Complaint to Add UC Regents September 21, 2011 Summary Judgment / Daubert Briefing Surreply to Go Daddy’s MSJ MSFT License (Dkt. No. 790) September 16, 2011 Responses to Motions for Summary Judgment (Dkt. Nos. 869, 870, 873, 874, 876, 877) September 28, 2011 Replies in support of Motions for Summary Judgment (Dkt. Nos. 869, 870, 873, 874, 876, 877) October 10, 2011 Surreplies to Motions for Summary Judgment (Dkt. Nos. 869, 870, 873, 874, 876, 877) October 20, 2011 Responses to Previously-filed Daubert Motions (Dkt. Nos. 901, 902, 903, 904, 905, 906, 907, 930) October 5, 2011 Replies in support of Previously-filed Daubert Motions (Dkt. Nos. 901, 902, 903, 904, 905, 906, 907, 930) October 17, 2011 1 DESCRIPTION OF EVENT PROPOSED DATE Surreplies to Previously-filed Daubert Motions (Dkt. Nos. 901, 902, 903, 904, 905, 906, 907, 930)1 October 27, 2011 Proposed Hearing re: Summary Judgment and Daubert Motions2 November 17, 2011 Amendment Pursuant to Patent Rule 3-63 Amended infringement contentions and expert reports pursuant to Local Patent Rule 3.6(a)(1) October 6, 2011 Amended invalidity contentions and expert reports pursuant to Local Patent Rule 3.6(a)(2) October 27, 2011 Rebuttal Expert Reports (excluding Frito-Lay) November 15, 2011 Motions to Strike and Dauberts limited to amended infringement and invalidity contentions and expert reports, rebuttal expert reports, and Citigroup damages expert report December 8, 2011 Oppositions to Motions to Strike and Dauberts re: amended contentions and expert reports, rebuttal expert reports, and Citigroup damages expert report December 22, 2011 Replies in support of Motions to Strike and Dauberts re: amended contentions and expert reports, rebuttal expert reports and Citigroup damages report due January 6, 2012 1 Eolas proposes that this date also apply to surreplies for previously-filed Motions to Strike Dkt. Nos. 860, 861, 868. Defendants propose that these Motions to Strike be resolved during the September 21, 2011 hearing. (See Septemeber 14, 2011 letter to Judge Davis). The parties agree to abide by the Court’s decision as to the disposition of these Motions. 2 Defendants propose this hearing. However, Defendants and Eolas leave it to the discretion of the Court whether the Court would like oral argument on these motions at this time. 3 By agreeing to this schedule, Defendants are not agreeing that any proposed revision is proper and reserves the right to oppose any revision or supplementation. 2 DESCRIPTION OF EVENT PROPOSED DATE Surreplies to Motions to Strike and Dauberts re: amended contentions and expert reports, rebuttal expert reports and Citigroup damages report January 13, 2012 Proposed hearing on Dauberts and Motions to Strike re: amended infringement and invalidity contentions, rebuttal expert reports (all Defs), and Summary Judgment (Frito-Lay only)4 January 19, 2012 (coinciding with Pre-Trial Conference) Eolas v. Frito-Lay Only Amend pleadings (after Markman Hearing) (as to Eolas v. Frito-Lay only) October 14, 2011 Fact discovery cutoff (as to Eolas v. Frito-Lay only) November 9, 2011 Parties with burden of proof designate expert, expert reports due (as to Eolas v. Frito-Lay only) November 16, 2011 Rebuttal expert reports and identify rebuttal trial witnesses (as to Eolas v. Frito-Lay only) December 16, 2011 Dispositive motions due (including Daubert motions)(as to Eolas v. Frito-Lay only) December 23, 2011 Response to dispositive motions due (including Daubert motions)(as to Eolas v. Frito-Lay only) January 6, 2012 Replies to dispositive motions due (including Daubert motions)(as to Eolas v. Frito-Lay only) January 13, 2012 Sur-replies to dispositive motions due (including Daubert motions)(as to Eolas v. Frito-Lay only) January 17, 2012 4 Defendants propose this hearing. However, Defendants and Eolas leave it to the discretion of the Court whether the Court would like oral argument on these motions at this time. 3 DESCRIPTION OF EVENT PROPOSED DATE Pretrial Tasks Video and Stenographic Deposition Designations due Each party who proposes to offer deposition testimony shall file a disclosure identifying the line and page numbers to be offered. December 21, 2011 Parties to exchange exhibit lists in .doc or .xls format. December 21, 2011 Parties to identify any issues to be tried to the bench. December 21, 2011 Parties to exchange electronic copies of numbered trial exhibits January 5, 2012 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. January 5, 2012 Motions in Limine due. The parties are directed to meet and confer and attempt to resolve all limine issues before filing any motions in limine. January 6, 2012 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. January 9, 2012 Joint Pretrial Order, Joint Proposed Jury Instructions with citation to authority and Form of the Verdict for jury trials due. January 9, 2012 4 DESCRIPTION OF EVENT PROPOSED DATE 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 shea_sloan@txed.uscourts.gov. January 12, 2012 Proposed Findings of Fact and Conclusions of Law with citation to authority for issues tried to the bench. January 12, 2012 Objections to exhibits due January 12, 2012 Objections to Rebuttal Deposition Testimony due. January 12, 2012 Responses to Motions in Limine due. January 13, 2012 Pretrial Conference January 19, 2012 Jury Selection February 6, 2012 So ORDERED and SIGNED this 15th day of September, 2011. __________________________________ LEONARD DAVIS UNITED STATES DISTRICT JUDGE 5

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