Free Scheduling Order - District Court of Delaware - Delaware

Case 1:07-cv-00170-JJF Document 32 Filed O9/19/2007 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CIF LICENSING, LLC, dfb/a )
GE LICENSING, )
Plaintiff, i
) C.A. No. 07-170-JJF
vi ) JURY TRIAL DEMANDED
AGERE SYSTEMS INC., )
Defendant. g
RULE 16 SCHEDULING ORDER
The parties having satisfied their obligations under Fed. R. Civ. P. 26(f),
IT IS ORDERED that:
l. Pre-Discovery Disclosures. The parties will exchange by September 5, 2007
the information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2.
2. Joinder of other Parties. All motions tojoin other parties shall be filed on or
before January 7, 2008.
3. Discovery.
(a) Exchange and completion of contention interrogatories (other than
based upon third party documents), identification of fact witnesses and document
production (other than in response to third party subpoenas) shall be commenced so as to
be completed by January 31, 2008. With the exception of fact discovery related to
Agere’s license defense which shall be commenced so as to be completed October l,
2007, all fact discovery, including depositions, shall be completed by June 1, 2008.
(b) Maximum of 75 interrogatories, including contention
interrogatories, for each side.

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(c) Maximum of 75 requests for admission by each side.
(d) Maximum of 20 depositions by plaintiff and 20 by defendant,
excluding expert depositions. With the exception of depositions related to Agere's
license defense, depositions shall not commence until the discovery required by
Paragraph 3 (a, b and c) is completed. The deposition of third-party Motorola, lnc. shall
be pennitted up to 21 hours and shall count as a single deposition.
(e) Opening expert reports under Fed. R. Civ. P. 26(a)(2) that relate to
issues on which a party has the burden of proof are due by August 4, 2008. Rebuttal
expert reports under Fed. R. Civ. P. 26(a)(2) that relate to issues on which a party does
not have the burden of proof are due by September 5, 2008.
(f) Any party desiring to depose an expert witness shall notice and
complete said deposition no later than thirty (30) days from receipt of said expert’s
report, unless otherwise agreed in writing by the parties or ordered by the Court.
4. Non-Case Dispositive Motions.
(a) Any non-case dispositive motion, along with an Opening Brief,
shall be filed with a Notice ofMotion. The Notice of Motion shall indicate the date on
which the movant seeks to have the motion heard. The date selected shall be within 30
days ofthe filing ofthe motion and allow for briefing in accordance with the Federal and
Local Rules. Available motion dates will be posted on the Conrt’s website at
www.ded.uscourts.gov.
(b) At the motion hearing, each side will be allocated twenty (20)
minutes to argue and respond to questions from the Court.
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(c) Upon filing ofthe Notice of Motion, a copy of said Notice shall be
sent to Chambers by e-mail at: [email protected].
5. Amendment of the Pleadings. All motions to amend the pleadings shall be
filed on or before February 8, 2008.
6. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and filed with an opening briefon or
before October IS, 2008. Briefing shall be pursuant to D. Del. LR 7. l .2. No case
dispositive motion may be filed more than ten (10) days from the above date without
leave of the Court. The Court will issue a separate Order regarding procedures for tiling
summary judgment motions. Notwithstanding the foregoing, a case dispositive motion
based on a license defense may be served and filed on or before October 8, 2007.
7. Markman. A Markman hearing shall be held on June ll, 2008 at 10:00 a.m.
The parties shall identify and exchange claim terms to be construed by the Court on or
before March 14, 2008, and exchange proposed claim constructions on before March 28,
2008. The patties shall sewe and file opening claim construction briefs on or before
April 25, 2008. The parties shall serve and file responsive claim construction briefs on or
before May 16, 2008. The Court, after reviewing the briefing, will allocate time to the
parties for the hearing.
8. Applications by Motion.
(a) Any applications to the Court shall be by written motion filed with the
Clerk ofthe Court in compliance with the Federal Rules of Civil Procedure and the Local
Rules of Civil Practice for the United States District Court for the District of Delaware
(Amended Effective July 1, 2007). Any non-dispositive motion shall contain the
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Case 1:07-cv-00170-JJF Document 32 Filed O9/19/2007 Page 4 of 4
statement required by D. Del. LR 7.1.1 and be made in accordance with the Court’s
December 15, 2006 Order on Procedures for Filing Non-dispositive motions is Patent
Cases. Parties may tile stipulated and unopposed Orders with the Clerk of the Court for
the Court’s review and signing. The Court will not consider applications and requests
submitted by letter or in a fomt other than a motion.
(b) No facsimile transmissions will be accepted.
(c) No telephone calls shall be made to Chambers.
(d) Any pany with a true emergency matter requiring the assistance of the
Court shall e-mail Chambers at: jj [email protected]. The e—mail shall provide a
short statement describing the emergency.
9. Pretrial Conference and Trial. A Pretrial Conference will be held on
Thursday, January 8, 2009 at 11:00 a.m., in Courtroom No. 4B on the 4th Floor,
United States Courthouse, Boggs Federal Building, Wilmington, Delaware.
Trial in this matter shall commence at 9:30 a.m. on Monday, February 2, 2009.
AT UNT` BBD S ISTRICT J E
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