Free Letter - District Court of Delaware - Delaware

Case 1:O6—cv—OOO32-JJF Document 122 Filed O2/13/2007 Page 1 of 1
MORRfS, Nrcnons, ARSHT 81 TUNNELL LLP
NORTH MARKET STREET
P.O. Box l347
WILMINGTON, DELAWARE
302 658 9200
Ropeen D. Smrrx H 302 658 3989 FAX
202 351 9205
302 4*98 6209 FAX
,,m,d,@m,,,t_wm February 13, 2007
BY BFILING
The Honorable Joseph J. Farnan, Er.
United States District Court
844 King Street
Wilmington, DE i9SOl
Re: RR. Donnelley & Sons Company v. Cree Inc. et al.,
CA. No. 06-32-JJF
Deer Judge Farnan:
Enclosed is an Amended Role 16 Scheduling Order, as discussed during the
February 2, 2007 motion hearing. The enclosed Scheduling Order includes a proposed date
(September li, 2007) for the Markman Hearing, and s. proposed time period (February 2008) for
the Pretrial Conference.
Respectfully,
/5*/ Rodger D. Smith H
Rodger D. Smith H (#3778)
cc: Clerk of the Court (By E—Filing)
Frederick L. Cottrell. IIT, Esquire (By E-Filing)
Richard McMillan, Esquire (By E—l\/lail)
Bradford 3. Badke, Esquire (By E—l\/lail)
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Case 1:06-cv-00032-JJF Document 122-2 Filed O2/13/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MWW )
RR. DONNELLEY & SONS COMPANY, )
)
PlaintiftQ )
V' g C.A. No. 06-cv-032~}JP`
CREO, INC., NEXPRESS SOLUTIONS, g
INC., KODAK VERSAMARK, INC., )
EASTMAN KODAK COMPANY, AND )
KODAK GRAPHIC COMMUNICATIONS )
COMPANY, )
Defendants. 3
)
EASTMAN KODAK COMPANY , )
CoLmterclaim—Plai11tift] g
V )
‘ )
RR. DONNELLEY & SONS COMPANY, g
CountercIaim—Defei1d21nt. g
)
)
AMENDED RULE I6 SCHEDULING ORDER
The Courfs May 8, 2006 Rule 16 Scheduling Order is hereby amended as
follows:
3. Discovery.
(l) All feet discovery shall be commenced so as to be completed by
June 29, 2007.

Case 1:06-cv-00032-JJF Document 122-2 Filed O2/13/2007 Page 2 of 2
(g) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are
due on issues on which a party bears the burden of proof by October 9, 2007. Rebuttal expert
reports are due by November 6, 2007.
(lz) All expert discovery shall be commenced so as to be completed by
December 7, 2007.
S. Case Dispositive Motions. Any case dispositive motions, pursuant to the
Federal Rules of Civil Procedure, shall be served and tiled with an opening brief on or before
December 14, 2007.
9. Markman. A Markman Hearing will be held on September ll, 2007.
Opening claim construction briefs shall be tiled and served on July 30, 2007. Responsive claim
construction briefs shall be tiled and served on August 30, 2007. The Court, after reviewing the
briefing, will allocate time to the parties for the hearing.
ll. Pretrial Conference. The Pretrial Conference will take place on
February ____, 2008.
I2. Claim Construction. The parties have agreed to identify claim terms that
require construction on May ll, 2007. The parties will exchange proposed constructions of all
identified terms on June l, 2007.
Date United States District Judge
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