Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1 :06-cv-00028-SLR—LPS Document 315 Filed 06/05/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
McKesson Automation, Inc., :
Plaintiff,
v. Civ. No. 06-28-SLR-LPS
Swisslogic Holding AG, et al.,
Defendants.
ORDER
At Wilmington this 5th day of J une, 2008, the Court having held a status
teleconference with the parties in this matter on June 4, 2008,
IT IS ORDERED that Defendants’ answering brief in response to Plaintiff’ s Motion
for Reconsideration and pleadings related thereto (D.I. 312, 313 & 314) shall be tiled on or before
June 20, 2008.
IT IS FURTHER ORDERED that, having considered the parties’ letters with respect
to the dispute regarding the permissibility of Plainti ff’ s allegations of infringement of five additional
claims - claims 14—l 7 ofU.S. Patent N0. 5,468,1 10 (the ‘ I 10 Patent) and Claim 2 ofU.S. Patent No.
5,593,267 (the ‘267 Patent) (D.I. 300 & 301), Plaintiff s request is GRANTED, and Plaintiff s five
additional claims of infringement, and Plaintiff s expert witness’ supplementation of his report to
include such claims, shall be permitted.
IT IS FURTHER ORDERED that, having considered Defendants’ Revised Motion
for Leave to Amend their Answers and Counterclaims (D.I. 172) (the "Amendrnent Motion”),
pleadings related, and responses, thereto and argument in connection therewith, the Amendment

Case 1:06-cv-00028-SLR—LPS Document 315 Filed 06/05/2008 Page 2 of 2
Motion is hereby GRANTED.
IT IS FURTHER ORDERED that all expert discovery shall be completed by July 30,
2008. To the extent limited additional fact discovery is necessitated by the Court’s granting of the
Amendment Motion, such fact discovery shall also be completed by July 30, 2008.
IT IS FURTHER ORDERED that the parties shall agree upon and file a revised Joint
Claim Construction Statement within seven (7) days of the date of this Order, with the revised
claim chart separately docketed. The parties will file simultaneous opening claim construction
briefs on August 10, 2008. Simultaneous response briefs shall be filed by August 31, 2008.
Issues of claim construction shall be considered by the Court in conjunction with the summary
judgment motion(s). The hearing on claim construction and motion(s) for summary judgment will
be held as previously scheduled, on October 31, 2008 at 9:00 a.m. before Judge Robinson.
IT IS FURTHER ORDERED that all summary judgment motions shall be served and
filed with an opening brief on or before September 20, 2008. Opposition Briefs are due
October 10, 2008 and Reply Briefs are due October 20, 2008.
IT IS FURTHER ORDERED that the May 5, 2008 Stipulated Seventh Amended
Scheduling Order (D.I. 289) shall otherwise continue to govern in all other respects. In particular,
pretrial conference and trial dates as previously scheduled are not altered by this Order.
Delaware counsel are reminded of their obligations to inform out—of-state counsel of
this Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any
problems regarding compliance with this Order