Ironburg Inventions Ltd. v. Valve Corporation

Filing 153

MINUTE ORDER re scheduling conference conducted on 1/5/2018: (1) Counsel having stated no objection, the Court ADOPTS the Patent Trial and Appeal Board's interpretations relating to the first, third, and fourth disputed claim terms identified in the Joint Claim Construction Statement, docket no. 64 ; (2) Plaintiff having withdrawn any contention that defendant has infringed or is infringing Claim 13 of U.S. Patent No. 8,641,525, in which the fifth disputed claim term (the front end) ap pears, the fifth term is STRICKEN from the Joint Claim Construction Statement and will not be construed by the Court; (3) With regard to the seventh and eighth disputed claim terms (a first/second distance between the top edge and the bottom edge and substantially all of the first/second distance), defendant relies on its argument that such claims terms are indefinite and offers no proposed definition. The parties have agreed that, if the Court concludes that such claim terms are not indefini te, the Court need not further construe such claim terms; (4) the following dates and deadlines are hereby SET: Jury Trial is set for 1/14/2019 before Judge Thomas S. Zilly. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/6/2018, Motions due by 5/24/2018, Discovery completed by 7/6/2018, Dispositive motions due by 8/9/2018, Mediation deadline is 9/7/2018, Motions in Limine due by 12/6/2018, Pretrial Order due by 12/20/2018, Pretrial Conference set for 1/4/2019 at 02:00 PM before Judge Thomas S. Zilly. Trial briefs to be submitted by 12/20/2018, Proposed voir dire/jury instructions due by 12/20/2018. Authorized by Judge Thomas S. Zilly. (SWT)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 IRONBURG INVENTIONS LTD., Plaintiff, 8 9 10 C17-1182 TSZ v. MINUTE ORDER VALVE CORPORATION, Defendant. 11 A scheduling conference having been conducted on January 5, 2018, at which Robert Becker of Manatt, Phelps & Phillips, LLP appeared on behalf of plaintiff Ironburg 13 Inventions, Ltd., and Patrick Lujin and Tanya Chaney of Shook Hardy & Bacon, LLP and Gavin Skok of Fox Rothschild LLP appeared on behalf of defendant Valve Corporation, 14 the following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 15 (1) Counsel having stated no objection, the Court ADOPTS the Patent Trial and Appeal Board’s interpretations relating to the first, third, and fourth disputed claim 16 terms identified in the Joint Claim Construction Statement, docket no. 64, namely 17 (1) directional references (top, bottom, front, back, end, side, inner, outer, upper, lower); (3) “inherently resilient and flexible”; and (4) “substantially the full distance between the 18 top edge and the bottom edge.” The Court reserves ruling on whether the fourth claim term is indefinite, as argued by defendant. 12 19 (2) Plaintiff having withdrawn any contention that defendant has infringed or is infringing Claim 13 of U.S. Patent No. 8,641,525, in which the fifth disputed claim term 20 (“the front end”) appears, the fifth term is STRICKEN from the Joint Claim Construction Statement and will not be construed by the Court. 21 (3) With regard to the seventh and eighth disputed claim terms (“a first/second 22 distance between the top edge and the bottom edge” and “substantially all of the first/second distance”), defendant relies on its argument that such claims terms are 23 MINUTE ORDER - 1 1 indefinite and offers no proposed definition. The parties have agreed that, if the Court concludes that such claim terms are not indefinite, the Court need not further construe 2 such claim terms. 3 (4) The following dates and deadlines are hereby SET: 4 JURY TRIAL DATE (5 days) 5 12 Deadline for filing motion to join Scuf Gaming Inc. as an additional plaintiff Deadline for filing and serving supplemental invalidity contentions (not to exceed ten (10) pages in length) Deadline for filing supplemental briefs (not to exceed twenty (20) pages in length) regarding indefiniteness, as well as claim construction regarding the disputed term “elongate member” Deadline for filing supplemental response briefs (not to exceed ten (10) pages in length) Disclosure of expert testimony under Fed. R. Civ. P. 26(a)(2) 13 Discovery motions filing deadline May 24, 2018 14 Discovery completion deadline July 6, 2018 15 Dispositive motions filing deadline August 9, 2018 Mediation deadline September 7, 2018 Deadline for filing motion to bifurcate October 25, 2018 Motions in limine filing deadline December 6, 2018 Agreed Pretrial Order due December 20, 2018 21 Trial briefs, proposed voir dire questions, and jury instructions due December 20, 2018 22 Pretrial conference January 4, 2019, at 2:00 p.m. 6 7 8 9 10 11 16 January 14, 2019 January 18, 2018 January 19, 2018 February 1, 2018 February 15, 2018 April 6, 2018 17 18 19 20 23 MINUTE ORDER - 2 1 (5) All other dates and deadlines are specified in the Local Civil Rules. These dates are firm, and they can be changed only by order of the Court, not by agreement of 2 counsel or the parties. The Court will alter these dates only upon good cause shown -failure to complete discovery within the time allowed is not recognized as good cause. 3 Counsel must be prepared to begin trial on the date scheduled, but should understand that the trial might have to await the completion of other cases. 4 (6) The original and one copy of any exhibits to be used at trial are to be 5 delivered to the Court at least five (5) days before the trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the Clerk’s Office. Plaintiff’s exhibits shall 6 be numbered consecutively beginning with 1. Defendant’s exhibits shall be numbered consecutively beginning with the next multiple of 100 after plaintiff’s last exhibit. For 7 example, if plaintiff’s last exhibit is numbered 159, then defendant’s exhibits shall begin with the number 200. Duplicate documents shall not be listed twice; once a party has 8 identified an exhibit in the Pretrial Order, any party may use it. Each set of exhibits shall be submitted in a three-ring binder with appropriately numbered tabs. 9 (7) If the parties reach a settlement in principle, counsel shall immediately notify Karen Dews at 206-370-8830. 10 (8) 11 record. 12 The Clerk is directed to send a copy of this Minute Order to all counsel of Dated this 8th day of January, 2018. 13 William M. McCool Clerk 14 15 s/Karen Dews Deputy Clerk 16 17 18 19 20 21 22 23 MINUTE ORDER - 3

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