Maxill Inc. v. Loops, LLC et al

Filing 23

MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES. Length of trial: 5 days; Jury Trial is set for 1/27/2020 at 09:00 AM in Courtroom 15206 before Judge Thomas S. Zilly. Statement of asserted claims and preliminary infringement contentions due 9/12/2018, Statement of preliminary invalidity contentions due 10/12/2018, Opening claim construction briefs due 3/11/2019, Responsive claim construction briefs due 3/26/2019, Discovery completed by 8/1/2019, Dispositive motions due by 10/3/2019, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/24/2019, Joint claim chart due 1/15/2019, Reports from expert witnesses regarding Markman issues due 1/15/2019, Rebuttal expert reports regarding Markman issues due 2/14/2019, Motions due by 7/3/2019, Motions in Limine due by 12/26/2019, Rebuttal Expert Disclosure/Reports due by 6/24/2019, Pretrial Conference set for 1/17/2020 at 10:00 AM before Judge Thomas S. Zilly. Pretrial Order due by 1/10/2020, Trial briefs and Proposed voir dire/jury instructions due by 1/10/2020. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MAXILL INC.,
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Plaintiff,
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C17-1825 TSZ
v.

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MINUTE ORDER
LOOPS, LLC, et al.,

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Defendants.
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LOOPS, LLC, et al.,
Plaintiffs,

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v.
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MAXILL INC., et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
15 Thomas S. Zilly, United States District Judge:
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JURY TRIAL DATE (5 days)

January 27, 2020

Statement of asserted claims and preliminary infringement
contentions due

September 12, 2018

Statement of preliminary non-infringement and invalidity
contentions due

October 12, 2018

Deadline for joining additional parties

October 22, 2018

Parties to exchange preliminary proposed constructions of
disputed claim terms and provide list of proposed extrinsic
evidence

November 1, 2018

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MINUTE ORDER - 1

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Joint Claim Chart and Prehearing Statement due

January 15, 2019
January 15, 2019

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Parties to disclose reports from expert witnesses, if any,
regarding Markman issues

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Parties to disclose rebuttal expert reports, if any, regarding
Markman issues

February 14, 2019

Deadline for completion of claim construction discovery and
for amending pleadings

March 6, 2019

Opening claim construction briefs (24 pages per side) filed by
(and noted for the date that the responsive claim
construction briefs are due)

March 11, 2019

Responsive claim construction briefs (24 pages per side) filed
by

March 26, 2019

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Markman hearing to be set by the Court if appropriate.

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

May 24, 2019

Rebuttal expert reports due

June 24, 2019

All discovery motions must be filed by
(and noted on the motion calendar no later than the third
Friday thereafter)

July 3, 2019

Discovery completed by

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August 1, 2019

All dispositive motions must be filed by
(and noted on the motion calendar no later than the fourth
Friday thereafter; see LCR 7(d))

October 3, 2019

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All motions in limine must be filed by
December 26, 2019
(and noted on the motion calendar for the Friday before the
Pretrial Conference)

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Agreed pretrial order due

January 10, 2020

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Trial briefs, proposed voir dire questions, proposed jury
instructions, and trial exhibits due

January 10, 2020

Pretrial Conference

January 17, 2020

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MINUTE ORDER - 2

at 10:00 a.m. on

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These dates are set at the direction of the Court after reviewing the joint status

2 report and discovery plan submitted by the parties. All other dates are specified in the
3 Local Civil Rules. These are firm dates that can be changed only by order of the Court,
4 not by agreement of counsel or the parties. The Court will alter these dates only upon
5 good cause shown: failure to complete discovery within the time allowed is not
6 recognized as good cause.
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If the trial date assigned to this matter creates an irreconcilable conflict, counsel

8 must notify Karen Dews at 206-370-8830, within 14 days of the date of this Minute
9 Order and explain the exact nature of the conflict. A failure to do so will be deemed a
10 waiver. Counsel must be prepared to begin trial on the date scheduled, but it should be
11 understood that the trial may have to await the completion of other cases.
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Claim Construction (Markman) Hearing

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If the Court sets a claim construction hearing, it will be set for a half-day (2.5

14 hours). If more or less time is required, the parties are instructed to inform Karen Dews
15 at 206-370-8830.
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PLEASE NOTE: The Court will not rule on dispositive motions that raise issues

17 of claim construction prior to the Markman Hearing, unless special circumstances
18 warrant and leave of Court is obtained in advance of filing.
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Exhibits

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The original and one copy of any exhibits to be used at the Markman Hearing

21 and/or trial are to be delivered to the Court at least five (5) days before the hearing and/or
22 trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the Clerk’s
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MINUTE ORDER - 3

1 Office. Plaintiff’s exhibits shall be numbered consecutively beginning with 1.
2 Defendant’s exhibits shall be numbered consecutively beginning with the next multiple
3 of 100 after plaintiff’s last exhibit. For example, if plaintiff’s last exhibit is numbered
4 159, then defendant’s exhibits shall begin with the number 200. Duplicate documents
5 shall not be listed twice: once a party has identified an exhibit in the pretrial order, any
6 party may use it. Each set of exhibits shall be submitted in a three-ring binder with
7 appropriately numbered tabs.
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Settlement
Should this case settle, counsel shall notify Karen Dews at 206-370-8830 as soon

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Dated this 30th day of August, 2018.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 4