McU Clocking Solutions, Inc. v. Freescale Semiconductor, Inc.

Full title: MCU CLOCKING SOLUTIONS, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC.…

Court: United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Aug 12, 2015

5:15-cv-02213-PSG, 5:15-cv-02546-PSG (N.D. Cal. Aug. 12, 2015)

Opinion

MCU CLOCKING SOLUTIONS, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. MCU CLOCKING SOLUTIONS, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. Nos. 5:15-cv-02213-PSG, 5:15-cv-02546-PSG United States District Court, N.D. California, San Jose Division. August 12, 2015

          CASE SCHEDULING ORDER

          PAUL S. GREWAL, Magistrate Judge.

         Based on the parties' joint case management statement¹ and representations at yesterday's case management conference, ²

1 See Case No. 5:15-cv-02213-PSG, Docket No. 73.

2 See Case No. 5:15-cv-02213-PSG, Docket No. 75.

         IT IS ORDERED that the parties' proposed limits on discovery set forth in their joint case management statement shall apply to this case.³

3 See Case No. 5:15-cv-02213-PSG at Docket No. 73 at 4-7.

         IT IS FURTHER ORDERED that the parties shall present discovery disputes to the court through an informal letter briefing process. The parties shall meet and confer and submit a joint letter to the court, not to exceed three pages per side. The court shall set a hearing, if necessary, or simply decide the matter on the papers.

         IT IS FURTHER ORDERED that the parties shall engage in private mediation within 90 days of the court's claim construction order.

         IT IS FURTHER ORDERED that the court shall hold a further case management conference 15 after the court's claim construction order.

         IT IS FURTHER ORDERED that the following schedule and deadlines shall apply to this case:

         Defendants' preliminary invalidity contentions and accompanying document productions September 3, 2015 Parties to exchange proposed terms and claim elements for construction October 1, 2015 Parties to exchange preliminary claim constructions and identify supporting intrinsic and extrinsic evidence October 23, 2015 Joint claim construction and prehearing statements October 30, 2015 Parties to identify claim construction experts November 6, 2015 Completion of claim construction delivery December 4, 2015 MCU's claim construction briefs December 14, 2015 Defendants' responsive claim construction briefs January 11, 2016 MCU's reply claim construction briefs January 25, 2016 Provision of claim construction tutorial materials to parties and court February 16, 2016 Claim construction tutorial presentations February 24, 2016 Claim construction hearings February 27, 2016

         Defendants to inform MCU whether they will rely on advice of counsel as defense to willful infringement; date by which Defendants shall produce such opinions of counsel on which defendants intend to rely May 19, 2016 Amendment of pleadings with respect to willful infringement and inequitable conduct February 15, 2016 Close of fact discovery June 30, 2016 Initial Rule 26(a)(2) disclosure of expert testimony August 2, 2016 Expert disclosures contradicting or rebutting the expert disclosure of the other party on the same matter September 5, 2016 Reply expert disclosures October 6, 2016 Close of expert discovery October 20, 2016 Deadline for case dispositive motions and briefs November 21, 2016 Answering briefs and response to case dispositive motions December 7, 2016 Reply briefs in support of case dispositive motions December 14, 2016 Pretrial order draft March 7, 2017 Joint proposed final pretrial order April 6, 2017 Pretrial conference April 17, 2017 at 10:00 AM Jury trial for first Defendant May 1, 2017 at 9:30 AM Jury trial for second Defendant May 14, 2017 at 9:30 AM

         SO ORDERED.