Datanet LLC v. Microsoft Corporation

Filing 40

MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES: 7-10 Day Jury Trial is set for 12/9/2024 at 09:00 AM before Judge Jamal N Whitehead. Statement of asserted claims and preliminary infringement contentions due 6/29/2023; Statement of preliminary non-infringement and invalidity contentions due 7/31/2023; Joinder of Parties due by 8/8/2023; Parties to exchange preliminary proposed constructions of disputed claim terms and provide list of proposed extrinsic evidence by 9/18/2023; Joint Claim Construction and Prehearing Statement due 11/1/2023; Reports from expert witnesses regarding Markman issues due 11/1/2023; Rebuttal expert reports regarding Markman issues due 12/1/2023; Deadline for completion of claim construction discovery and for amending pleadings 12/21/2023; Opening claim construction briefs due 12/26/2023; Responsive claim construction briefs due 1/10/2024; Technology tutorial at 09:00 AM on 1/30/2023;Markman Hearing set for 2/13/2024 at 09:00 AM; Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/5/2024; Rebuttal Expert Disclosure/Reports due by 5/6/2024; Discovery completed by 6/13/2024; Dispositive motions due by 8/15/2024; Motions related to expert witnesses due by 8/22/2024; Settlement conference per LCR 39.1(c)(2) held no later than 9/9/2024; Motions in Limine due by 11/7/2024; Agreed Pretrial Order due by 11/22/2024; Voir dire/jury instructions/trial briefs due by 11/22/2024; Pretrial Conference set for 11/27/2024 at 09:00 AM; Authorized by Judge Jamal N Whitehead.(MJV) Modified on 6/15/2023 to correct formatting (SB).

Case 2:22-cv-01545-JNW Document 40 Filed 06/14/23 Page 1 of 5

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DATANET LLC,
Plaintiff,
v.
MICROSOFT CORPORATION,

CASE NO. 22-cv-1545
MINUTE ORDER SETTING
TRIAL DATE AND RELATED
DEADLINES

Defendant.

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JURY TRIAL DATE (7 to 10 days)

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Statement of asserted claims and preliminary infringement
contentions due

June 29, 2023

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Statement of preliminary non-infringement and invalidity
contentions due

July 31, 2023

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Deadline for joining additional parties

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

September 18, 2023

Joint Claim Construction and Prehearing Statement due

November 1, 2023

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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 1

December 9, 2024

August 8, 2023

Case 2:22-cv-01545-JNW Document 40 Filed 06/14/23 Page 2 of 5

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

November 1, 2023

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

December 1, 2023

Deadline for completion of claim construction discovery and for
amending pleadings
Opening claim construction briefs filed by
(and noted for the date that the responsive claim
construction briefs are due)

December 21, 2023
December 26, 2023

Responsive claim construction briefs filed by

January 10, 2024

Technology tutorial at 09:00 AM on

January 30, 2024

Markman hearing at 09:00 AM on

February 13, 2024

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

April 5, 2024

Rebuttal expert reports due

May 6, 2024

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

May 16, 2024

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Discovery completed by

June 13, 2024

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All dispositive motions must be filed by
(and noted on the motion calendar no later than the
fourth Friday thereafter; see LCR 7(d))
All motions related to expert witnesses
(e.g., Daubert motion) must be filed by
and noted on the motion calendar no later
than the third Friday thereafter (see LCR 7(d))

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August 15, 2024

August 22, 2024

Settlement conference per LCR 39.1(c)(2) held no later than

September 9, 2024

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

November 7, 2024

Agreed pretrial order due

November 22, 2024

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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 2

Case 2:22-cv-01545-JNW Document 40 Filed 06/14/23 Page 3 of 5

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

November 22, 2024

Pretrial Conference at 09:00 AM on

November 27, 2024

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

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

11 irreconcilable conflict, counsel must notify Grant Cogswell, Deputy Clerk, at
12 [e-mail], within 14 days of the date of this Minute Order
13 and explain the exact nature of the conflict. A failure to do so will be deemed a waiver.
14 Counsel must be prepared to begin trial on the date scheduled, but should understand that
15 the trial might have to await the completion of other cases.
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Claim Construction (Markman) Hearing
The claim construction hearing will be set for a half-day (2.5 hours). If more or

18 less time is required, the parties are instructed to inform Grant Cogswell at
19 [e-mail].
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PLEASE NOTE: The Court will not rule on dispositive motions that raise issues

21 of claim construction prior to the Markman Hearing unless special circumstances warrant
22 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

Case 2:22-cv-01545-JNW Document 40 Filed 06/14/23 Page 4 of 5

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Exhibits

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The parties must send one copy of their respective exhibits to be used at the

3 Markman Hearing and/or trial to Grant Cogswell, Courtroom Deputy, five (5) days
4 before the Markman hearing and/or trial date. Each exhibit must be clearly marked on the
5 face of the exhibit. Each set of exhibits must be submitted in a three-ring binder with
6 appropriately numbered tabs. The Court alters the LCR 16.1 procedure for numbering
7 exhibits as follows: Plaintiff's exhibits should be numbered consecutively beginning with
8 1; Defendant’s exhibits should include the prefix “A” and should be numbered
9 consecutively beginning with A-1. Duplicate documents should not be listed twice. Once
10 a party has identified an exhibit in the pretrial order, any party may use it.
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In addition, no later than seven (7) days before the Markman hearing and/or trial

12 date, the parties should send an electronic copy of all exhibits in .PDF format with
13 Optical Character Recognition (“OCR”) searchable text to Grant Cogswell, Courtroom
14 Deputy. The parties should notify the court of any physical objects or files that cannot be
15 transmitted electronically. Exhibits must be marked as described above, and the
16 following protocols also apply: (1) Electronic exhibits must be transmitted individually
17 (i.e., one exhibit per file), but exhibits may have multiple pages; (2) Exhibit file names
18 should match the descriptions listed on the joint exhibit list as closely as possible except
19 that file names should not exceed 80 characters, e.g., Ex. 1 – Accident Scene Photo; Ex.
20 A-1 – Email dated 4-03-23.
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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 4

Case 2:22-cv-01545-JNW Document 40 Filed 06/14/23 Page 5 of 5

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Settlement

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Should this case settle, counsel shall notify Grant Cogswell, Deputy Clerk, at

3 [e-mail], as soon as possible.
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Dated this 14th day of June, 2023.

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Ravi Subramanian
Clerk
s/ Martin J Valencia
Deputy Clerk

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MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES - 5