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.
JOINT MOTION TO MODIFY SCHEDULING ORDER
HONORABLE BARBARA J. ROTHSTEIN JUDGE
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
JOINT MOTION TO MODIFY SCHEDULING ORDER - 3 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
ORDER
IT IS SO ORDERED.
CERTIFICATE OF SERVICE
I hereby certify that on December 13, 2021, I caused the foregoing document to be electronically filed with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all counsel of record.
Christy A. Nelson