Daimler AG v Amazon.com Inc

Filing 36

ORDER granting 35 Stipulated Motion Amended Scheduling Order. Deadlines for infringement and invalidity contentions, Markman-expert reports, claim construction exchanges and briefing, and the Markman hearing are stricken. No other dates in the Scheduling Order 32 are modified. Signed by Judge Ricardo S Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAIMLER AG,

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No. C16-518 RSM
Plaintiff,

v.

STIPULATED MOTION AND ORDER
AMENDING SCHEDULING ORDER

AMAZON.COM, INC.,
Defendant.

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Pursuant to LCR 10(g), Plaintiff Daimler AG (“Daimler”) and Defendant Amazon.com,
Inc. (“Amazon”) respectfully stipulate and jointly move the Court to amend the Order Setting Trial
Date and Related Deadlines (Dkt. No. 32) (“Scheduling Order”) by striking the Markman-related
deadlines in this case, as noted below.
The parties respectfully submit that good cause exists for the proposed amendments to the
schedule. In this case, Daimler asserts trademark-related and design-patent claims, but does not
assert any utility patent claims. This District’s Local Patent Rules accordingly do not apply as a
general matter. See Local Patent Rule 101 (patent rules apply to civil actions which involve utility
patents). The parties, after conferring, agree that given the scope of the case and fact that with
respect to the patent claims only design patents are at issue, formal infringement and invalidity
contentions and accompanying Markman deadlines are unnecessary.

STIPULATED MOTION AND ORDER
AMENDING SCHEDULING ORDER – 1
(NO. 2:16-CV-00518-RSM)

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]

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To reduce the burden on the Court and the parties, Daimler and Amazon accordingly

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request that the Court amend the case schedule by striking the deadlines for infringement and

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invalidity contentions, Markman-expert reports, claim construction exchanges and briefing, and

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the Markman hearing. The parties agree that they will set out their respective positions on

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infringement and invalidity in discovery responses in accordance with the case schedule. No other

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dates in the Scheduling Order would be modified and the parties’ request would not result in an

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extension of the overall case schedule or trial date.

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A proposed amended case schedule is set forth below.

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JURY TRIAL DATE

January 15, 2019

Reports from expert witnesses under FRCP
26(a)(2) due
Rebuttal expert reports due

7/20/2018

All motions related to discovery must be
noted on the motion calendar no later than the
Friday before discovery closes pursuant to
CR7(d)(d)(3) or CR37(a)(2)(B)
Discovery completed by
All dispositive motions must be filed by and
noted on the motion calendar no later than the
fourth Friday thereafter (see CR7(d))
Settlement conference per CR 39.1(c)(2) held
no later than
Mediation per CR 39.1(c)(3) held no later
than
All motions in limine must be filed by
and noted on the motion calendar for the
third Friday thereafter pursuant to CR7(d)
Agreed pretrial order due
Trial briefs, proposed voir dire questions and
jury instructions
Pretrial conference to be scheduled by the
Court.

8/20/2018
8/17/2018

9/17/2018
10/15/2018
12/10/2018
12/18/2018
12/18/2018
1/3/2019
1/10/2019

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STIPULATED MOTION AND ORDER
AMENDING SCHEDULING ORDER – 2
(NO. 2:16-CV-00518-RSM)

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]

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DATED: January 18, 2018

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By: /s/ Lane M. Polozola
Grant E. Kinsel (WSBA 49576)
Lane M. Polozola (WSBA 50138)
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Amazon.com, Inc.

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By: /s/ Shauna M. Wertheim
Larry E. Altenbrun, WSBA No. 31475
Nicoll Black & Feig PLLC
1325 Fourth Avenue, Suite 1650
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Shauna M. Wertheim, Pro Hac Vice
Timothy W. Johnson, Pro Hac Vice
Joanna L. Cohn, Pro Hac Vice
THE MARBURY LAW GROUP, PLLC
11800 Sunrise Valley Drive, 15th Floor
Reston, Virginia 20191
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Daimler AG

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STIPULATED MOTION AND ORDER
AMENDING SCHEDULING ORDER – 3
(NO. 2:16-CV-00518-RSM)

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]

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ORDER
For good cause shown, IT IS SO ORDERED this 18th day of January 2018.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:

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By: /s/ Lane M. Polozola
Grant E. Kinsel (WSBA 49576)
Lane M. Polozola (WSBA 50138)
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: [phone]
Facsimile: 206.359.9000
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Amazon.com, Inc.

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STIPULATED MOTION AND ORDER
AMENDING SCHEDULING ORDER – 4
(NO. 2:16-CV-00518-RSM)

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]

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By: /s/ Shauna M. Wertheim
Larry E. Altenbrun, WSBA No. 31475
Nicoll Black & Feig PLLC
1325 Fourth Avenue, Suite 1650
Seattle, Washington 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Shauna M. Wertheim, Pro Hac Vice
Timothy W. Johnson, Pro Hac Vice
Joanna L. Cohn, Pro Hac Vice
THE MARBURY LAW GROUP, PLLC
11800 Sunrise Valley Drive, 15th Floor
Reston, Virginia 20191
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Daimler AG

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STIPULATED MOTION AND ORDER
AMENDING SCHEDULING ORDER – 5
(NO. 2:16-CV-00518-RSM)

Perkins Coie LLP

1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Phone: [phone]
Fax: [phone]