Free Scheduling Order - District Court of Delaware - Delaware

Case 1:07-cv-OO057—I\/IPT Document 128 Filed 02/01/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
VENETEC INTERNATIONAL, INC. )
Plaintiff, )
)
v. )
) C.A. No. 07-57 (MPT)
NEXU S IVIEDICAL, LLC )
)
Defendant. )
)
AMENDED SCHEDULIN G ORDER
The Scheduling Order entered by the Court on April 22, 2007 (D.I. 23) and
amended on September 13, 2007 (D.I. 90) is further amended as follows:
1. Close of Fact Discovery. Nexus proposes moving the fact discovery cut-
off date to June 6, 2008 and Venetec has no objection.
2. Disclosure of Expert Testimony. For the party that has the initial burden
of proof on the subject matter, the initial Fed. R. Civ. P. 26(a)(2) disclosure of expert testimony
is due on or before July 18, 2008. The supplemental disclosure to contradict or rebut evidence
on the same matter identified by another party is due on or before August 29, 2008. Depositions
of experts shall be completed by September 26, 2008.
3. Interim Status Report. On May 12, 2008, counsel shall submit a joint
interim report to the Court on the nature of the matters in issue and the progress of discovery to
date.
4. Status Conference. On May 19, 2008, the Court will hold a Rule 16(a),
(b) and (c) conference by telephone with counsel beginning at 9:00 a.m. Plaintiffs counsel shall
initiate the telephone call. At the time of this conference, counsel shall also be prepared to

Case 1:07-cv-0O057—l\/IPT Document 128 Filed 02/01/2008 Page 2 of 4
discuss the progress, if any, of settlement discussions and shall be prepared to discuss the
possibility of setting up a settlement conference with the Court, counsel and their clients.
If all parties agree that there is nothing to report, nor anything to add to the
interim status report or to this order, they shall notify the Court in writing before the conference
is scheduled to occur, and the conference will be taken off of the Court’s calendar.
5. Case Dispositive Motions. All case dispositive motions, an opening brief
and affidavits, if any, in support of the motion, shall be served and filed on or before October 10,
2008. Briefing will be presented pursuant to the Court’s Local Rules.
6. Claim Construction Issue Identification. If the Court does not find that
limited earlier claim construction would be helpful in resolving the case, on May 9, 2008, the
parties shall exchange a list of those claim term(s)/phrase(s) that they believe need construction
and their proposed claim construction of those term(s)/phrase(s). This document will not be filed
with the Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a
Joint Claim Construction Chart to be submitted on October 10, 2008. The pa1ties’ Joint Claim
Construction Chart should identify for the Court the term(s)/phrase(s) of the claim(s) in issue,
and should include each party’s proposed construction of the disputed claim language with
citation(s) only to the intrinsic evidence in support of their respective proposed constructions. A
copy of the patent(s) in issue as well as those portions of the intrinsic record relief upon shall be
submitted with this Joint Claim Construction Chart. In this joint submission, the parties shall not
provide argument.
I 7. Claim Construction. The parties shall contemporaneously submit initial
briefs on claim construction issues on October 10, 2008. The parties’ answering/responsive
briefs shall be contemporaneously submitted on October 30, 2008. No reply brief or
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Case 1:07-cv-OO057—I\/IPT Document 128 Filed O2/O1/2008 Page 3 of 4
supplemental papers on claim construction shall be submitted without leave of the Court. Local
Rule 7.l.3(4) shall control the page limitation for initial (opening) and responsive (answering)
briefs.
8. Hearing on Claim Construction. Beginning at 9:00 a.m. on November 2l,
2008, the Court will hear evidence and argument on claim construction and summary judgment.
9. Pretrial Conference. On May 6, 2009, the Court will hold a Final Pretrial
Conference in Chambers with counsel beginning at 5:30 p.m. Unless otherwise ordered by the
Court, the parties should assume that filing the pretrial order satisfies the pretrial disclosure
requirement of Federal Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the
joint proposed final pretrial order with the information by the form of Final Pretrial Order which
accompanies this Scheduling Order on or before April 22, 2009.
10. Motions in Limine. Motion in limine shall not be separately filed. All
in limine requests and responses thereto shall be set forth in the proposed pretrial order. Each
party shall be limited to five in limine requests, unless otherwise permitted by the Court. The in
limine request and any response shall contain the authorities relied upon; each in limine request
may be supported by a maximum of three pages of argument and may be opposed by a
maximum of three pages of argument, In more than one party is supporting or opposing an in
limine request, such support: or opposition shall be combined in a single three (3) page
submission, unless otherwise ordered by the Court. No separate briefing shall be submitted on in
limine requests, unless otherwise permitted by the Court.
11. Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is
to be tried to a jury, pursuant to Local Rules 47 and 51 the parties should file proposed voir dire,
instructions to the jury, and special verdict forms and jury interrogatories three full business days
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Case 1:07-cv-OO057—l\/IPT Document 128 Filed O2/O1/2008 Page 4 of 4
before the final pretrial conference. That submission shall be accompanied by a computer
diskette (in WordPerfect format) which contains the instructions, proposed voir dire, special
verdict forms, and jury intenogatories.
12. Trial. This matter is scheduled for a seven-day jury trial beginning at 9:30
a.m. on May 26, 2009 with the subsequent trial days beginning at 9:00 a.m. For the purpose of
completing pretrial preparations, counsel should plan on each side being allocated a total of 17
hours to present their case. The parties will discuss the presentation of any evidence on
inequitable conduct and make a proposal to the Court.
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