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WSOU Invs. v. F5 Networks Inc.

United States District Court, Western District of Washington
Dec 16, 2021
2:20-cv-01878-BJR (W.D. Wash. Dec. 16, 2021)

Opinion

2:20-cv-01878-BJR 2:21-cv-00124-BJR 2:21- cv-00125-BJR 2:21- cv-00126-BJR

12-16-2021

WSOU INVESTMENTS LLC d/b/a BRAZOS LICENSING AND DEVELOPMENT, a Delaware limited liability company, Plaintiff, v. F5 NETWORKS, INC., a Washington Corporation, Defendant.

PERKINS COIE LLP Ramsey M. Al-Salam, Stevan R. Stark, PERKINS COIE LLP Stephen E. Baskin Pending pro hac vice) KING & SPALDING LLP D.Shane Brun Pending pro hac vice) KING & SPALDING LLP Angela Tarasi (Pending pro hac vice) KING & SPALDING LLP Attorneys for Defendant CORR CRONIN LLP Blake Marks-Dias Eric A. Lindberg, Jonathan K. Waldrop (Admitted pro hac vice) Darcy L. Jones (Admitted pro hac vice) Marcus A. Barber (Admitted pro hac vice) John W. Downing (Admitted pro hac vice) Heather S. Kim (Admitted pro hac vice) Jack Shaw (Admitted pro hac vice) ThucMinh Nguyen (Admitted pro hac vice) Paul G. Williams (Admitted pro hac vice) KASOWITZ BENSON TORRES LLP Attorneys for Plaintiff


PERKINS COIE LLP Ramsey M. Al-Salam, Stevan R. Stark, PERKINS COIE LLP Stephen E. Baskin Pending pro hac vice) KING & SPALDING LLP D.Shane Brun Pending pro hac vice) KING & SPALDING LLP Angela Tarasi (Pending pro hac vice) KING & SPALDING LLP Attorneys for Defendant

CORR CRONIN LLP Blake Marks-Dias Eric A. Lindberg, Jonathan K. Waldrop (Admitted pro hac vice) Darcy L. Jones (Admitted pro hac vice) Marcus A. Barber (Admitted pro hac vice) John W. Downing (Admitted pro hac vice) Heather S. Kim (Admitted pro hac vice) Jack Shaw (Admitted pro hac vice) ThucMinh Nguyen (Admitted pro hac vice) Paul G. Williams (Admitted pro hac vice) KASOWITZ BENSON TORRES LLP Attorneys for Plaintiff

JOINT MOTION TO MODIFY SCHEDULING ORDER

HONORABLE BARBARA J. ROTHSTEIN

Pursuant to LCR 16(b)(6), Plaintiff WSOU Investments LLC d/b/a Brazos Licensing and Development (“WSOU” or “Plaintiff”) and Defendant F5 Networks, Inc. (“F5” or “Defendant”) (collectively, “Parties”), by and through their undersigned counsel, hereby jointly move the Court to modify its April 26, 2021 Order on Motion to Modify Order Setting Trial Dates and Related Dates (No. 2:20-cv-01878-BJR, Dkt. 64; “Scheduling Order”), which sets forth the current case schedule for the above-captioned actions. The Parties' requested modifications and good cause basis for these modifications are identified below.

A. Basis for Proposed Modifications

Under the current Scheduling Order, fact discovery is scheduled to close in just four weeks, on January 6, 2021, right after the winter holidays. However, in light of the Parties' ongoing fact discovery disputes, the status of fact discovery, and the limited time remaining in the fact discovery period, the parties seek a 60-day extension of the close of fact discovery, as well as corresponding extensions of subsequent case deadlines. Document production is still ongoing and the parties still have a number of fact depositions to take.

Compounding these hurdles, the next four weeks include (i) the winter holidays, during which fact witnesses, outside counsel, and in-house counsel for both sides will have limited availability, and (ii) the Markman hearing on December 22, 2021, which will require significant time and attention from the Parties.

The Parties' proposed schedule modifications adjust the fact discovery period by 60 days (from January 6, 2022 to March 7, 2022), and provide proportional extensions of all subsequent case deadlines, including the trial date. There is good cause for these adjustments in light of the Parties' ongoing fact discovery disputes, the current status of fact discovery, and the limited time remaining for fact discovery, as summarized above.

B. Proposed Revised Schedule

The chart below identifies the Parties' proposed revisions to the case schedule to account for the issues identified above:

Event

LPR

Scheduling Order (Dkt. 64)

Joint Modification Proposal

Markman hearing

LPR 135 (as ordered by the Court)

December 22, 2021

No change

Discovery completed by [Close of Fact Discovery]

January 6, 2022

March 7, 2022

Reports from expert witnesses under FRCP 26(a)(2) due [Opening Expert Reports]

February 3, 2022

April 4, 2022

Rebuttal Expert Reports

March 3, 2022

May 2, 2022

Close of Expert Discovery

March 17, 2022

May 20, 2022

All dispositive and Daubert motions must be filed by

April 7, 2022

June 9, 2022

Oppositions to dispositive and Daubert motions

April 28, 2022

June 30, 2022

Replies in support of dispositive and Daubert motions

May 12, 2022

July 14, 2022

All motions in limine must be filed by

August 1, 2022

September 30, 2022

Joint Pretrial Statement

August 8, 2022

October 7, 2022

Oppositions to Motions in Limine (no replies authorized unless ordered otherwise by the Court)

August 15, 2022

October 14, 2022

Pretrial conference

August 22, 2022

October 31, 2022, subject to the Court's approval

Jury Trial (7 days)

August 29, 2022

November 7, 2022, subject to the Court's approval

C. Consolidated Case Schedule

The Parties also request confirmation that the Court's schedule applies to all four cases identified below. (See Dkt. 60, Part 5.C.)

Case Caption

Patent-in-Suit

Accused Product

1

WSOU Investments, LLC d/b/a Brazos Licensing and Development v. F5 Networks, Inc., Case No. 2:21-cv-01878-BJR

U.S. Patent No. 7, 953, 884

BIG-IP Policy Enforcement Manager

2

WSOU Investments, LLC d/b/a Brazos Licensing and Development v. F5 Networks, Inc., Case No. 2:21-cv-00124-BJR

U.S. Patent No. 9, 584, 330

BIG-IP Policy Enforcement Manager

3

WSOU Investments, LLC d/b/a Brazos Licensing and Development v. F5 Networks, Inc., Case No. 2:21-cv-00125-BJR

U.S. Patent No. 8, 248, 940

BIG-IP Policy Enforcement Manager

4

WSOU Investments, LLC d/b/a Brazos Licensing and Development v. F5 Networks, Inc., Case No. 2:21-cv-00126-BJR

U.S. Patent No. 7, 548, 945

BIG-IP DNS

DATED this 13th day of December, 2021.

ORDER

IT IS SO ORDERED.


Summaries of

WSOU Invs. v. F5 Networks Inc.

United States District Court, Western District of Washington
Dec 16, 2021
2:20-cv-01878-BJR (W.D. Wash. Dec. 16, 2021)
Case details for

WSOU Invs. v. F5 Networks Inc.

Case Details

Full title:WSOU INVESTMENTS LLC d/b/a BRAZOS LICENSING AND DEVELOPMENT, a Delaware…

Court:United States District Court, Western District of Washington

Date published: Dec 16, 2021

Citations

2:20-cv-01878-BJR (W.D. Wash. Dec. 16, 2021)