Opinion
22-cv-1545
06-14-2023
DATANET LLC, Plaintiff, v. MICROSOFT CORPORATION, Defendant.
MINUTE ORDER SETTING TRIAL DATE AND RELATED DEADLINES
JURY TRIAL DATE (7 to 10 days) December 9, 2024
Statement of asserted claims and preliminary infringement contentions due June29,2023
Statement of preliminary non-infringement and invalidity uy, contentions due July 31, 2023
Deadline for joining additional parties August 8, 2023
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
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 December 21, 2023
Opening claim construction briefs filed by (and noted for the date that the responsive claim construction briefs are due) 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
All discovery motions must be filed by (and noted on the motion calendar no later than the third Friday thereafter) May 16, 2024
Discovery completed by June 13, 2024
All dispositive motions must be filed by (and noted on the motion calendar no later than the fourth Friday thereafter; see LCR 7(d)) August 15, 2024
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)) 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
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 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 by order of the Court, not by agreement of counsel or the parties. The Court will alter these dates only upon good cause shown: failure to complete discovery within the time allowed is not recognized as good cause.
If the Markman hearing or trial dates assigned to this matter create an irreconcilable conflict, counsel must notify Grant Cogswell, Deputy Clerk, at Grant_Cogswell@wawd.uscourts.gov, within 14 days of the date of this Minute Order and explain the exact nature of the conflict. A failure to do so will be deemed a waiver. Counsel must be prepared to begin trial on the date scheduled, but should understand that the trial might have to await the completion of other cases.
Claim Construction (Markman) Hearing
The claim construction hearing will be set for a half-day (2.5 hours). If more or less time is required, the parties are instructed to inform Grant Cogswell at Grant_Cogswell@wawd.uscourts.gov.
PLEASE NOTE: The Court will not rule on dispositive motions that raise issues of claim construction prior to the Markman Hearing unless special circumstances warrant doing so and leave of Court is obtained in advance of filing.
Exhibits
The parties must send one copy of their respective exhibits to be used at the Markman Hearing and/or trial to Grant Cogswell, Courtroom Deputy, five (5) days before the Markman hearing and/or trial date. Each exhibit must be clearly marked on the face of the exhibit. Each set of exhibits must be submitted in a three-ring binder with appropriately numbered tabs. The Court alters the LCR 16.1 procedure for numbering exhibits as follows: Plaintiff's exhibits should be numbered consecutively beginning with 1; Defendant's exhibits should include the prefix “A” and should be numbered consecutively beginning with A-1. Duplicate documents should not be listed twice. Once a party has identified an exhibit in the pretrial order, any party may use it.
In addition, no later than seven (7) days before the Markman hearing and/or trial date, the parties should send an electronic copy of all exhibits in .PDF format with Optical Character Recognition (“OCR”) searchable text to Grant Cogswell, Courtroom Deputy. The parties should notify the court of any physical objects or files that cannot be transmitted electronically. Exhibits must be marked as described above, and the following protocols also apply: (1) Electronic exhibits must be transmitted individually (i.e., one exhibit per file), but exhibits may have multiple pages; (2) Exhibit file names should match the descriptions listed on the joint exhibit list as closely as possible except that file names should not exceed 80 characters, e.g., Ex. 1 - Accident Scene Photo; Ex. A-1 - Email dated 4-03-23.
Settlement
Should this case settle, counsel shall notify Grant Cogswell, Deputy Clerk, at Grant_Cogswell@wawd.uscourts.gov,as soon as possible.