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.