Valve Corporation v. Rothschild et al

Filing 61

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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 10 11 VALVE CORPORATION, Plaintiff, CASE NO. 23-cv-1016 SCHEDULING ORDER v. ROTHSCHILD ET AL, Defendants. 12 13 14 15 16 17 18 19 20 21 22 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 23 SCHEDULING ORDER - 1 1 EVENT DATE 2 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 13 Responsive claim construction briefs (see LPR 134(c)) 14 Technology tutorial at 9:00 AM on June 4, 2025 15 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 3 4 5 6 7 8 9 10 11 12 16 17 18 19 20 21 22 23 SCHEDULING ORDER - 2 1 EVENT DATE 2 Responsive case dispositive and Daubert motions October 24, 2025 3 Reply case dispositive and Daubert motions November 7, 2025 4 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 8 Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due 9 Pretrial Conference at 1:30 PM on January 19, 2026 5 6 7 10 These dates are set at the direction of the Court after reviewing the joint 11 status report and discovery plan submitted by the parties. All other dates are 12 specified in the Local Civil Rules and Local Patent Rules. These are firm dates that 13 can be changed only by order of the Court, not by agreement of counsel or the 14 parties. The Court will alter these dates only upon good cause shown: failure to 15 complete discovery within the time allowed is not recognized as good cause. 16 If the Markman hearing or trial dates assigned to this matter create an 17 irreconcilable conflict, counsel must notify Grant Cogswell, Deputy Clerk, at 18 Grant_Cogswell@wawd.uscourts.gov, within 14 days of the date of this Minute 19 Order and explain the exact nature of the conflict. A failure to do so will be deemed 20 a waiver. Counsel must be prepared to begin trial on the date scheduled, but should 21 understand that the trial might have to await the completion of other cases. 22 23 SCHEDULING ORDER - 3 1 2 Claim Construction (Markman) Hearing The claim construction hearing will be set for a half-day (2.5 hours). If more 3 or less time is required, the parties are instructed to inform Grant Cogswell at 4 Grant_Cogswell@wawd.uscourts.gov. 5 PLEASE NOTE: The Court will not rule on dispositive motions that raise 6 issues of claim construction prior to the Markman hearing unless special 7 circumstances warrant doing so and leave of Court is obtained in advance of filing. Exhibits 8 9 The parties must send one copy of their respective exhibits to be used at the 10 Markman Hearing and/or trial to Grant Cogswell, Courtroom Deputy, five (5) days 11 before the Markman hearing and/or trial date. Each exhibit must be clearly marked 12 on the face of the exhibit. Each set of exhibits must be submitted in a three-ring 13 binder with appropriately numbered tabs. The Court alters the LCR 16.1 procedure 14 for numbering exhibits as follows: Plaintiff's exhibits should be numbered 15 consecutively beginning with 1; Defendant’s exhibits should include the prefix “A” 16 and should be numbered consecutively beginning with A-1. Duplicate documents 17 should not be listed twice. Once a party has identified an exhibit in the pretrial 18 order, any party may use it. 19 In addition, no later than seven (7) days before the Markman hearing and/or 20 trial date, the parties should send an electronic copy of all exhibits in .PDF format 21 with Optical Character Recognition (“OCR”) searchable text to Grant Cogswell, 22 Courtroom Deputy. The parties should notify the court of any physical objects or 23 files that cannot be transmitted electronically. Exhibits must be marked as SCHEDULING ORDER - 4 1 described above, and the following protocols also apply: (1) Electronic exhibits must 2 be transmitted individually (i.e., one exhibit per file), but exhibits may have 3 multiple pages; (2) Exhibit file names should match the descriptions listed on the 4 joint exhibit list as closely as possible except that file names should not exceed 80 5 characters, e.g., Ex. 1 – Accident Scene Photo; Ex. A-1 – Email dated 4-03-23. Settlement 6 7 8 Should this case settle, counsel shall notify Grant Cogswell, Deputy Clerk, at Grant_Cogswell@wawd.uscourts.gov, as soon as possible. 9 10 Dated this 23rd day of October 2024. Ravi Subramanian 11 Clerk 12 /s/Kathleen Albert 13 Deputy Clerk 14 15 16 17 18 19 20 21 22 23 SCHEDULING ORDER - 5

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