Interestng paragraphs from recent Pacer re Feb,28,2016 Markman Hearing
in response to
by
Message: About Mary Fales
(“Because this Court is familiar with the patent family of the Asserted Patents, the Parties do not believe a tutorial is necessary.”)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
v.
ISMART ALARM, INC.,
Defendant.
Case No. 15-cv-05793-JST
SCHEDULING ORDER
The Court hereby sets the following case deadlines pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10: Event Deadline Plaintiff's Disclosure of Asserted Claims and Infringement Contentions August 17, 2016 Defendant’s Preliminary Invalidity Contentions September 30, 2016 Exchange of Proposed Terms for Construction October 14, 2016 Exchange of Preliminary Claim Constructions and Identification of Extrinsic Evidence November 4, 2016 Joint Claim Construction and Prehearing Statement November 29, 2016 Claim construction discovery cut-off December 29, 2016 Claim construction opening brief January 13, 2017 Claim construction responsive brief January 27, 2017 Claim construction reply brief February 3, 2017
United States District Court
Northern District of California
Event Deadline
Claim construction hearing
February 28, 2017 at
1:30 p.m.
Deadline to File Motion to Amend Pleadings and/or Add Parties
30 days after
issuance of the
Court’s claim
construction order
Ordinarily, the Court would also set a tutorial, but has not done so here at the parties’
request. ECF No. 58 at 14 (“Because this Court is familiar with the patent family of the Asserted
Patents, the Parties do not believe a tutorial is necessary.”); see also Patent L.R. 2-1(b)(4).
Following the issuance of its claim construction order, the Court will set a case
management conference at which it will set the remaining case deadlines.
Counsel may not modify these dates without leave of court. The parties shall comply with
the Court’s standing orders, which are available at cand.uscourts.gov/jstorders.
The parties shall meet and confer regarding the format, scope, and content of the claim
construction hearing, including but not limited to the permissible subjects of discussion, whether
experts will testify, and what audio-visual equipment, if any, will be needed by the parties. They
also shall exchange copies of any audio-visual material at least ten court days before they intend
to use it in court, and shall bring any disputes regarding the format, scope, or content of any
hearing to the Court’s attention at least five court days before the hearing. The Court will deem
as waived any objection raised less than five court days before the hearing. The parties shall lodge
hard copies of their presentation materials with the Court on the day of the claim construction
hearing.
At claim construction, the Court will construe only the terms the parties identify in their
Joint Claim Construction and Prehearing Statement as “most significant to the resolution of the
case up to a maximum of 10.” Patent Local Rule 4-3(c). The Court will reserve no more than on
two-and-one-half hours its calendar for the claim construction hearing, including a brief recess.
The Court prefers that the parties proceed term-by-term, with each party providing its views on
each term before moving on to the next. The Court’s use of time limits means that the parties may
United States District Court
Northern District of California
not have the opportunity to present oral argument on every term they have submitted for construction, and the parties should prioritize their presentations accordingly.
The parties must take all necessary steps to conduct discovery, compel discovery, hire counsel, retain experts, and manage their calendars so that they can complete discovery in a timely manner and appear on the noticed and scheduled dates. All counsel must arrange their calendars to accommodate these dates, or arrange to substitute or associate in counsel who can.
The case management conference scheduled for August 3, 2016 is vacated.
Dated: July 28, 2016
_______________________________________
JON S. TIGAR
United States District Judge Case 3:15-cv-05793-JST Document 61 Filed 07/28/16 Page 3 of 3
NORTHERN DISTRICT OF CALIFORNIA
E.DIGITAL CORPORATION,
Plaintiff,
v.
ISMART ALARM, INC.,
Defendant.
Case No. 15-cv-05793-JST
SCHEDULING ORDER
The Court hereby sets the following case deadlines pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10: Event Deadline Plaintiff's Disclosure of Asserted Claims and Infringement Contentions August 17, 2016 Defendant’s Preliminary Invalidity Contentions September 30, 2016 Exchange of Proposed Terms for Construction October 14, 2016 Exchange of Preliminary Claim Constructions and Identification of Extrinsic Evidence November 4, 2016 Joint Claim Construction and Prehearing Statement November 29, 2016 Claim construction discovery cut-off December 29, 2016 Claim construction opening brief January 13, 2017 Claim construction responsive brief January 27, 2017 Claim construction reply brief February 3, 2017
United States District Court
Northern District of California
Event Deadline
Claim construction hearing
February 28, 2017 at
1:30 p.m.
Deadline to File Motion to Amend Pleadings and/or Add Parties
30 days after
issuance of the
Court’s claim
construction order
Ordinarily, the Court would also set a tutorial, but has not done so here at the parties’
request. ECF No. 58 at 14 (“Because this Court is familiar with the patent family of the Asserted
Patents, the Parties do not believe a tutorial is necessary.”); see also Patent L.R. 2-1(b)(4).
Following the issuance of its claim construction order, the Court will set a case
management conference at which it will set the remaining case deadlines.
Counsel may not modify these dates without leave of court. The parties shall comply with
the Court’s standing orders, which are available at cand.uscourts.gov/jstorders.
The parties shall meet and confer regarding the format, scope, and content of the claim
construction hearing, including but not limited to the permissible subjects of discussion, whether
experts will testify, and what audio-visual equipment, if any, will be needed by the parties. They
also shall exchange copies of any audio-visual material at least ten court days before they intend
to use it in court, and shall bring any disputes regarding the format, scope, or content of any
hearing to the Court’s attention at least five court days before the hearing. The Court will deem
as waived any objection raised less than five court days before the hearing. The parties shall lodge
hard copies of their presentation materials with the Court on the day of the claim construction
hearing.
At claim construction, the Court will construe only the terms the parties identify in their
Joint Claim Construction and Prehearing Statement as “most significant to the resolution of the
case up to a maximum of 10.” Patent Local Rule 4-3(c). The Court will reserve no more than on
two-and-one-half hours its calendar for the claim construction hearing, including a brief recess.
The Court prefers that the parties proceed term-by-term, with each party providing its views on
each term before moving on to the next. The Court’s use of time limits means that the parties may
United States District Court
Northern District of California
not have the opportunity to present oral argument on every term they have submitted for construction, and the parties should prioritize their presentations accordingly.
The parties must take all necessary steps to conduct discovery, compel discovery, hire counsel, retain experts, and manage their calendars so that they can complete discovery in a timely manner and appear on the noticed and scheduled dates. All counsel must arrange their calendars to accommodate these dates, or arrange to substitute or associate in counsel who can.
The case management conference scheduled for August 3, 2016 is vacated.
Dated: July 28, 2016
_______________________________________
JON S. TIGAR
United States District Judge Case 3:15-cv-05793-JST Document 61 Filed 07/28/16 Page 3 of 3
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