Valve Corporation v. Rothschild et al
Filing
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SCHEDULING ORDER. The Court sets the following trial and related dates: 3-4 day Jury Trial is set for 1/26/2026 before Judge Jamal N Whitehead. Disclosure of Defendants' infringement contentions due 11/6/2024, Service of Plaintiff's non-infringement and invalidity contentions 12/6/2024, Exchange of proposed terms and claim elements for construction due 12/26/2024, Deadline to join additional parties is 1/6/2025, Exchange of preliminary claim constructions and extrinsic evidence due 1/27/2025, Joint claim construction and prehearing statement due 3/11/2025, Parties to disclose expert witness reports, if any, regarding Markman issues on 3/11/2025, Parties to disclose rebuttal expert reports, if any, regarding Markm an issues on 3/11/2025, Completion of claim construction discovery due 4/30/2025, Document production substantially complete on 4/25/2025, Opening claim construction brief due 5/5/2025, Responsive claim construction briefs due 5/20/2025, Technol ogy tutorial at 9:00 AM on 6/4/2025, Markman Hearing set for 6/18/2025 at 09:00 AM before Judge Jamal N Whitehead, Fact discovery cut-off is 6/25/2025, Opening expert reports due 8/1/2025, Production of opinion(s) of counsel and service of pri vilege log by party defendant against claim of willful infringement due 8/11/2025, Rebuttal expert reports due 8/22/2025, Expert discovery cut-off 9/12/2025, Opening case dispositive and Daubert motions due 10/3/2025, Responsive case dispositi ve and Daubert motions due 10/24/2025, Reply case dispositive and Daubert motions due 11/7/2025, Settlement conference per LCR 39.1(c)(2) held no later than 11/24/2025, Motions in Limine due by 12/29/2025, Parties to file joint proposed pretrial order by 1/5/2026,Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due 1/12/2026, Pretrial Conference set for 1/19/2026 at 01:30 PM before Judge Jamal N Whitehead. Authorized by Judge Jamal N Whitehead. (KRA)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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VALVE CORPORATION,
Plaintiff,
CASE NO. 23-cv-1016
SCHEDULING ORDER
v.
ROTHSCHILD ET AL,
Defendants.
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Having review the parties Joint Status Report, Dkt. No. 57, and being
otherwise fully informed, the Court sets the following trial and related dates:
EVENT
DATE
JURY TRIAL DATE (3 to 4 days)
January 26, 2026
Disclosure of Defendants’ infringement
contentions (see LPR 120)
November 6, 2024
Service of Plaintiff’s non-infringement and
invalidity contentions (see LPR 121)
December 6, 2024
Exchange of proposed terms and claim elements
for construction (see LPR 130(a))
December 26, 2024
Deadline to join additional parties
January 6, 2025
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SCHEDULING ORDER - 1
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EVENT
DATE
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Exchange of preliminary claim constructions and
extrinsic evidence (see LPR 131(a))
January 27, 2025
Joint claim construction and prehearing
statement (see LPR 132(a))
March 11, 2025
Parties to disclose expert witness reports, if any,
regarding Markman issues (see LPR 132(f))
March 11, 2025
Parties to disclose rebuttal expert reports, if any,
regarding Markman issues (see LPR 132(f))
March 11, 2025
Completion of claim construction discovery (see
LPR 133)
April 30, 2025
Document production substantially complete
April 25, 2025
Opening claim construction brief (to be noted for
the date that responsive claim construction briefs
are due) (see LPR 134(a))
May 5, 2025
May 20, 2025
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Responsive claim construction briefs (see LPR
134(c))
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Technology tutorial at 9:00 AM on
June 4, 2025
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Claim construction (Markman) hearing (see LPR
135) at 9:00 AM on
June 18, 2025
Fact discovery cut-off
June 25, 2025
Opening expert reports
August 1, 2025
Production of opinion(s) of counsel and service of
privilege log by party defendant against claim of
willful infringement
August 11, 2025
Rebuttal expert reports
August 22, 2025
Expert discovery cut-off
September 12, 2025
Opening case dispositive and Daubert motions
October 3, 2025
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SCHEDULING ORDER - 2
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EVENT
DATE
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Responsive case dispositive and Daubert motions
October 24, 2025
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Reply case dispositive and Daubert motions
November 7, 2025
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Settlement conference per LCR 39.1(c)(2) held no
later than
November 24, 2025
Motions in limine must be filed by
December 29, 2025
Parties to file joint proposed pretrial order
January 5, 2026
January 12, 2026
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Trial briefs, proposed voir dire questions,
proposed jury instructions, and trial exhibits due
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Pretrial Conference at 1:30 PM on
January 19, 2026
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These dates are set at the direction of the Court after reviewing the joint
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status report and discovery plan submitted by the parties. All other dates are
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specified in the Local Civil Rules and Local Patent Rules. These are firm dates that
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can be changed only by order of the Court, not by agreement of counsel or the
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parties. The Court will alter these dates only upon good cause shown: failure to
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complete discovery within the time allowed is not recognized as good cause.
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If the Markman hearing or trial dates assigned to this matter create an
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irreconcilable conflict, counsel must notify Grant Cogswell, Deputy Clerk, at
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Grant_Cogswell@wawd.uscourts.gov, within 14 days of the date of this Minute
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Order and explain the exact nature of the conflict. A failure to do so will be deemed
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a waiver. Counsel must be prepared to begin trial on the date scheduled, but should
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understand that the trial might have to await the completion of other cases.
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SCHEDULING ORDER - 3
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Claim Construction (Markman) Hearing
The claim construction hearing will be set for a half-day (2.5 hours). If more
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or less time is required, the parties are instructed to inform Grant Cogswell at
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Grant_Cogswell@wawd.uscourts.gov.
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PLEASE NOTE: The Court will not rule on dispositive motions that raise
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issues of claim construction prior to the Markman hearing unless special
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circumstances warrant doing so and leave of Court is obtained in advance of filing.
Exhibits
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The parties must send one copy of their respective exhibits to be used at the
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Markman Hearing and/or trial to Grant Cogswell, Courtroom Deputy, five (5) days
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before the Markman hearing and/or trial date. Each exhibit must be clearly marked
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on the face of the exhibit. Each set of exhibits must be submitted in a three-ring
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binder with appropriately numbered tabs. The Court alters the LCR 16.1 procedure
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for numbering exhibits as follows: Plaintiff's exhibits should be numbered
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consecutively beginning with 1; Defendant’s exhibits should include the prefix “A”
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and should be numbered consecutively beginning with A-1. Duplicate documents
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should not be listed twice. Once a party has identified an exhibit in the pretrial
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order, any party may use it.
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In addition, no later than seven (7) days before the Markman hearing and/or
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trial date, the parties should send an electronic copy of all exhibits in .PDF format
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with Optical Character Recognition (“OCR”) searchable text to Grant Cogswell,
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Courtroom Deputy. The parties should notify the court of any physical objects or
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files that cannot be transmitted electronically. Exhibits must be marked as
SCHEDULING ORDER - 4
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described above, and the following protocols also apply: (1) Electronic exhibits must
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be transmitted individually (i.e., one exhibit per file), but exhibits may have
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multiple pages; (2) Exhibit file names should match the descriptions listed on the
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joint exhibit list as closely as possible except that file names should not exceed 80
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characters, e.g., Ex. 1 – Accident Scene Photo; Ex. A-1 – Email dated 4-03-23.
Settlement
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Should this case settle, counsel shall notify Grant Cogswell, Deputy Clerk, at
Grant_Cogswell@wawd.uscourts.gov, as soon as possible.
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Dated this 23rd day of October 2024.
Ravi Subramanian
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Clerk
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/s/Kathleen Albert
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Deputy Clerk
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SCHEDULING ORDER - 5
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