International Business Machines Corporation v. Zillow Group Inc et al

Filing 189

MINUTE ORDER Setting Trial Date and Related Deadlines: Jury Trial (5-10 Days) is set for 6/20/2023 before Judge Thomas S. Zilly. Parties to exchange preliminary proposed constructions of disputed claim terms and lists of proposed extrinsic evide nce by 5/19/2022, Joint Claim Chart and Prehearing Statement due by 6/15/2022, Parties to disclose reports from expert witnesses, if any, regarding Markman issues by 6/15/2022, Parties to disclose rebuttal expert reports, if any, regarding Markman issues by 7/18/2022, Deadline for completion of claim construction discovery and for amended pleadings is 8/4/2022, Opening claim construction briefs due 8/11/2022, Responsive claim construction briefs due 8/26/2022, Expert Witness Discl osure/Reports under FRCP 26(a)(2) due by 10/21/2022, Rebuttal Expert Disclosure/Reports due by 11/21/2022, Discovery Motions due by 1/12/2023, Discovery to be completed by 2/17/2023, Dispositive motions due by 3/2/2023, Motions related to expert witnesses due by 3/9/2023, Motions in Limine due by 5/18/2023, Agreed Pretrial Order due by 5/24/2023, Voir dire/jury instructions/trial briefs due by 5/24/2023, Pretrial Conference set for 6/9/2023 at 10:00 AM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INTERNATIONAL BUSINESS
MACHINES CORPORATION,

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Plaintiff,
v.
ZILLOW GROUP, INC.; and
ZILLOW, INC.,

C20-851 TSZ
MINUTE ORDER SETTING
TRIAL DATE AND RELATED
DEADLINES

Defendants.

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JURY TRIAL DATE (5–10 days)

June 20, 2023

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

May 19, 2022

Joint Claim Chart and Prehearing Statement due

June 15, 2022

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

June 15, 2022

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

July 18, 2022

Deadline for completion of claim construction discovery
and for amending pleadings

August 4, 2022

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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 1

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Opening claim construction briefs filed by

August 11, 2022

(and noted for August 26, 2022)

Responsive claim construction briefs filed by

August 26, 2022

If a claim construction (Markman) hearing is necessary,
one will be set upon at least 20 days’ notice to the parties.
Reports from expert witnesses under FRCP 26(a)(2) due

October 21, 2022

Rebuttal expert reports due

November 21, 2022

All discovery motions must be filed by

(and noted on the motion calendar for the third Friday thereafter)

Discovery completed by

January 12, 2023
February 17, 2023

All dispositive motions must be filed by

(and noted on the motion calendar for the fourth Friday thereafter;
see LCR 7(d))

All motions related to expert witnesses must be filed by

(and noted on the motion calendar for the third Friday thereafter;
see LCR 7(d))

All motions in limine must be filed by

(and noted on the motion calendar for the third Friday thereafter)

March 2, 2023

March 9, 2023

May 18, 2023

Agreed pretrial order due

May 24, 2023

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

May 24, 2023

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Pretrial Conference

June 9, 2023

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at 10:00 a.m. on

These dates are set at the direction of the Court after reviewing the joint status
report and discovery plan submitted by the parties. All other dates are specified in the
Local Civil Rules and Local Patent Rules. These are firm dates that can be changed only

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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 2

1 by order of the Court, not by agreement of counsel or the parties. The Court will alter
2 these dates only upon good cause shown: failure to complete discovery within the time
3 allowed is not recognized as good cause.
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If the trial date, pretrial conference date, or deadlines assigned to this matter create

5 an irreconcilable conflict, counsel must notify Judge Zilly’s Chambers at [phone],
6 within 14 days of the date of this Minute Order and explain the exact nature of the
7 conflict. A failure to do so will be deemed a waiver. Counsel must be prepared to begin
8 trial on the date scheduled, but should understand that the trial might have to await the
9 completion of other cases.
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Claim Construction and Markman Hearing
Any claim construction hearing will be set for a half-day (2.5 hours). If more or

12 less time is required, the parties are instructed to inform Judge Zilly’s Chambers at
13 [phone]. With regard to U.S. Patent No. 7,072,849, the parties should address in
14 their claim construction briefs (i) the extent to which the parties agree that the Court
15 should adopt the claim construction set forth in Chewy, Inc. v. International Business
16 Machines Corp., S.D.N.Y. Case No. 1:21-cv-1319 (Nov. 9, 2021) (docket no. 90); and
17 (ii) the proposed interpretation of any claims either not construed in Chewy or as to
18 which one or the other party challenges the ruling in Chewy.
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PLEASE NOTE: The Court will not rule on dispositive motions that raise issues

20 of claim construction prior to the Markman Hearing, unless special circumstances
21 warrant doing so and leave of Court is obtained in advance of filing.
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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 3

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

3 and/or trial are to be delivered to the Court at least five (5) days before the hearing and/or
4 trial date at a time coordinated with Courtroom Deputy Clerk Gail Glass, who can be
5 reached at [phone].
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Notwithstanding Local Civil Rule 16.1, the exhibit list shall be prepared in table

7 format with the following columns: “Exhibit Number,” “Description,” “Admissibility
8 Stipulated,” “Authenticity Stipulated/Admissibility Disputed,” “Authenticity Disputed,”
9 and “Admitted.” The latter column is for the Clerk’s convenience and shall remain
10 blank, but the parties shall indicate the status of an exhibit’s authenticity and
11 admissibility by placing an “X” in the appropriate column. Duplicate documents shall
12 not be listed twice: once a party has identified an exhibit in the pretrial order, any party
13 may use it.
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Each set of exhibits shall be submitted in a three-ring binder with appropriately

15 numbered tabs. Each exhibit shall be clearly marked. Plaintiff’s exhibits shall be
16 numbered consecutively beginning with 1; defendant’s exhibits shall be numbered
17 consecutively beginning with the next multiple of 100 after plaintiff’s last exhibit; any
18 other party’s exhibits shall be numbered consecutively beginning with the next multiple
19 of 100 after defendant’s last exhibit. For example, if plaintiff’s last exhibit is numbered
20 159, then defendant’s exhibits shall begin with the number 200; if defendant’s last exhibit
21 number is 321, then any other party’s exhibits shall begin with the number 400.
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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 4

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Settlement
Should this case settle, counsel shall notify Judge Zilly’s Chambers at (206) 370-

3 8830 as soon as possible.
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Dated this 1st day of April, 2022.

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Ravi Subramanian
Clerk
s/Gail Glass
Deputy Clerk

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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 5