Digital Reg of Texas, LLC v. Adobe Systems Incorporated et al

Filing 243

Scheduling Order. Motions due by 8/29/2013. Responses/Cross Motions due by 9/19/2013. Replies due by 10/10/2013. Replies due by 10/24/2013. Case Management Statement due by 1/9/2013. Signed by Judge Claudia Wilken on 8/30/2012. (ndr, COURT STAFF) (Filed on 8/30/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 OAKLAND DIVISION 10 11 DIGITAL REG OF TEXAS, LLC, CASE NO. 12-CV-01971 CW 12 [PROPOSED] SCHEDULING ORDER Plaintiff, 13 vs. Judge: Hon. Claudia Wilken 14 ADOBE SYSTEMS INCORPORATED, et al., 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 144872 12-CV-01971 CW [PROPOSED] SCHEDULING ORDER 1 A case management conference was held on July 25, 2012. The Proposed discovery 2 limitations set forth in Section 8 of the Case Management Statement filed by the parties are hereby 3 adopted by the Court. The Court’s standard Order for Pretrial Preparation also applies. 4 The case is hereby referred to the following ADR process: Non-binding Arbitration: [ 5 Early Neutral Evaluation: [ ]; Court-connected mediation: [ ]; Private mediation: [ ]; ]; 6 Magistrate Judge settlement conference: [ X - Magistrate Judge Spero] 7 ADR session to be held by: 8 (or as soon thereafter as is convenient to the mediator’s schedule) 9 November 26, 2012 Based on the case management conference, the Court enters the following schedule: 10 Parties to exchange Rule 26(a) disclosures to the extent not already exchanged August 15, 2012 Plaintiff to serve updated infringement contentions that comply with Patent L.R. 3-1 and to identify top 50 asserted claims August 30, 2012 Defendants to serve updated invalidity contentions that comply with Patent L.R. 3-3 for top 50 asserted claims September 30, 2012 Deadline to Amend Pleadings October 24, 2012 Exchange of Proposed Terms and Elements for Construction under Patent L.R. 4-1 January 15, 2013 18 19 Further Case Management Conference Statement January 9, 2013 20 Further Case Management Conference to discuss reduction of asserted claims and asserted prior art references January 16, 2013 at 2 pm Exchange of Preliminary Claim Constructions and Extrinsic Evidence under Patent L.R. 4-2 January 29, 2013 Final meet and confer on Terms and Elements for Construction and Proposed Claim Constructions February 12, 2013 February 19, 2013 26 Joint Claim Construction and Pre-hearing Statement under Patent L.R. 4-3 27 Completion of fact discovery March 29, 2013 11 12 13 14 15 16 17 21 22 23 24 25 28 144872 2 [PROPOSED] SCHEDULING ORDER 12-CV-01971 CW 1 Opening expert reports June 28, 2013 Rebuttal expert reports July 26, 2013 Further Case Management Conference Statement August 7, 2013 Further Case Management Conference to discuss structure and format for claim construction proceedings and reduction of asserted claims August 14, 2013 at 2 pm 7 Completion of expert discovery August 16, 2013 8 Last day to file and serve Plaintiff’s Brief on Claim Construction and Dispositive Motions August 29, 2013 Last day to file and serve Defendants’ Briefs on Claim Construction and Plaintiffs’ Dispositive Motions and Defendants’ Dispositive Motions September 19, 2013 Last day to file and serve Plaintiff’s Brief replying on Claim Construction and Plaintiff’s Dispositive Motions and responding to Defendants’ Dispositive Motions October 10, 2013 Last day to file and serve Defendants’ Briefs replying on Defendants’ Dispositive Motions October 24, 2013 Claim construction hearing and hearing on dispositive motions November 14, 2013 at 2 pm Further Case Management Conference Approximately 10 days after the Court’s order on claim construction and dispositive motions or as soon thereafter as convenient for the Court 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 The above dates are subject to change by stipulation between the parties or order of the Court. 22 Additional Matters: Copy of Court’s Order for Pretrial Preparation given to attorneys in court. 23 24 DATED: August 23, 2012 THOMAS WHITELAW LLP 25 By: 26 /s/ W. Paul Schuck W. PAUL SCHUCK 27 Attorneys for Digital Reg of Texas, LLC 28 144872 3 [PROPOSED] SCHEDULING ORDER 12-CV-01971 CW 1 DATED: August 23, 2012 DINOVO PRICE ELLWANGER & HARDY LLP 2 3 By: 4 /s/ Andrew Gerald DiNovo ANDREW GERALD DINOVO 5 Attorneys for Digital Reg of Texas, LLC 6 7 DATED: August 23, 2012 8 WEIL GOTSHAL & MANGES LLP By: 9 10 Attorneys for Electronic Arts Inc. and Adobe Systems Incorporated 11 12 /s/ Edward Robert Reines EDWARD ROBERT REINES DATED: August 23, 2012 HALTOM AND DOAN 13 14 By: 15 /s/ Jennifer Haltom Doan JENNIFER HALTOM DOAN 16 Attorneys for Adobe Systems Incorporated 17 DATED: August 23, 2012 BARCELO, HARRISON & WALKER, LLP 18 19 By: 20 /s/ Reynaldo C. Barcelo REYNALDO C. BARCELO 21 Attorneys for Valve Corporation 22 23 DATED: August 23, 2012 24 RIDDLE WILLIAMS PS By: 25 /s/ Bryan J. Case BRYAN J. CASE 26 Attorneys for Valve Corporation 27 28 144872 4 [PROPOSED] SCHEDULING ORDER 12-CV-01971 CW 1 DATED: August 23, 2012 WILSON SONSINI GOODRICH & ROSATI 2 By: 3 /s/ Marvin Craig Tyler MARVIN CRAIG TYLER 4 Attorneys for Symantec Corporation 5 6 DATED: August 23, 2012 GOODWIN PROCTER, LLP 7 By: 8 /s/ Anthony H. Cataldo ANTHONY H. CATALDO 9 Attorneys for AVG Technologies USA, Inc. 10 11 DATED: August 23, 2012 12 WILSON ROBERTSON & CORNELIUS PC 13 By: 14 Attorneys for AVG Technolgies USA, Inc. 15 16 /s/ Jennifer Parker Ainsworth JENNIFER PARKER AINSWORTH DATED: August 23, 2012 GOODWIN PROCTER, LLP 17 18 By: 19 /s/ Douglas J. Kline DOUGLAS J. KLINE 20 Attorneys for Ubisoft, Inc. 21 DATED: August 23, 2012 ERISE IP, P.A. 22 23 By: 24 /s/ Michelle Lyons Marriott MICHELLE LYONS MARRIOTT 25 Attorneys for Ubisoft, Inc. 26 27 28 144872 5 [PROPOSED] SCHEDULING ORDER 12-CV-01971 CW 1 DATED: August 23, 2012 FENWICK & WEST, LLP 2 By: 3 /s/ Hector J. Ribera HECTOR J. RIBERA 4 Attorneys for Intuit Inc. 5 6 DATED: August 23, 2012 SHOOK HARDY & BACON LLP 7 By: 8 /s/ Lynn C. Herndon LYNN C. HERNDON 9 Attorneys for Zynga Game Network Inc. 10 11 DATED: August 23, 2012 12 SHOOK HARDY & BACON LLP 13 By: 14 /s/ Angel Mitchell ANGEL MITCHELL Attorneys for Zynga, Inc. 15 16 IT IS SO ORDERED. 17 18 19 DATED: 20 8/30/2012 CLAUDIA WILKEN United States District Judge 21 22 23 24 25 26 27 28 144872 6 [PROPOSED] SCHEDULING ORDER 12-CV-01971 CW 1 ATTESTATION 2 I, W. Paul Schuck, am counsel for Plaintiff DIGITAL REG OF TEXAS, LLC. I am the 3 registered ECF user whose username and password are being used to file this [PROPOSED] 4 SCHEDULING ORDER. In compliance with General Order 45, Section X(B), I hereby attest that 5 the above-identified counsel concurred in this filing. 6 DATED: August 23, 2012 THOMAS WHITELAW LLP 7 8 By: 9 10 /s/ W. Paul Schuck W. PAUL SCHUCK Attorneys for Plaintiff DIGITAL REG OF TEXAS, LLC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 144872 7 [PROPOSED] SCHEDULING ORDER 12-CV-01971 CW

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