Ironburg Inventions Ltd. v. Valve Corporation
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fourth disputed claim terms identified in the Joint Claim Construction Statement, docket no. 64 ; (2) Plaintiff having withdrawn any contention that defendant has infringed or is infringing Claim 13 of U.S. Patent No. 8,641,525, in which the fifth disputed claim term (the front end) ap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)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
IRONBURG INVENTIONS LTD.,
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:
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, 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.
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”) appears, the fifth term is STRICKEN from the Joint Claim Construction
Statement and will not be construed by the Court.
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
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.
The following dates and deadlines are hereby SET:
JURY TRIAL DATE (5 days)
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)
Discovery motions filing deadline
May 24, 2018
Discovery completion deadline
July 6, 2018
Dispositive motions filing deadline
August 9, 2018
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
Trial briefs, proposed voir dire
questions, and jury instructions due
December 20, 2018
January 4, 2019, at 2:00 p.m.
January 14, 2019
January 18, 2018
January 19, 2018
February 1, 2018
February 15, 2018
April 6, 2018
MINUTE ORDER - 2
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.
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.
If the parties reach a settlement in principle, counsel shall immediately
notify Karen Dews at 206-370-8830.
The Clerk is directed to send a copy of this Minute Order to all counsel of
Dated this 8th day of January, 2018.
William M. McCool
MINUTE ORDER - 3
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