Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00016-JJF Document 183-2 Filed O4/O2/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OP DELAWARE
NOKIA CORPORATION and NOKIA INC.,
Plaintiffs,
v.
C.A. Ne. 05—l6—IJF
INTERDIGITAL COMMUNICATIONS
CORPORATION and INTERDIGITAL
TECHNOLOGY CORPORATION,
Defendants.
AGREED SECOND AMENDED RULE 16 SCHEDULING ORDER
The Court enters the foliowing Agreed Second Amended Rule 16 Scheduling
Order.
IT IS ORDERED that:
I. Complex Desigation. This mater continues to be designated as complex
in accordance with I). Del. LR 16.}.
2. Settlement Conference. Pursuant to 28 U.S.C. § 636 and the Court’s
March 29, 2006 Order, this matter has previously been referred to Magistrate Judge Thynge for
the purposes of exploring the possibility of a settlement.
3. Interim Status Report. On August I5, 2007, the parties shall file with the
Court an interim report on the nature ofthe matters in issue and the progress of discovery to date.
After review of the interim report, the Court will determine the necessity for and frequency of
any future status reports.
4. Discovegg.
(a) All fact discovery, including depositions, shall be completed by December
I4, 2007.
(b) Maximum of 50 interrogatories, including contention interrogatories, for
each side.

Case 1:05-cv-00016-JJF Document 183-2 Filed O4/O2/2007 Page 2 of 3
(c) Maximum of 75 requests for admission by each side.
(d) Maximum of 30 depositions by plaintiffs and 30 by defendants.
(e) Opening expert reports under Rule 26(a)(2) that relate to issues on which a
party has the burden of proof are due on March i4, 2008. Reports under Rule 26(a)(2) that relate
to issues on which a party does not have the burden of proof are due on May 2, 2008. Expert
discovery will close on June 27, 2008.
(t) Any party desiring to depose an expert witness shall provide notice no
later than 15 days after receiving the expert”s report, and complete said deposition no later than
June 27, 2008 unless otherwise agreed in writing by the parties or ordered bythe Court.
5. Markman.
If necessary, a Mnrkmrm hearing will be scheduled. Briefing on the claim
construction issues shall be completed prior to the hearing and according to the following
schedule. The Court will set the limitation on the number of claim terms to be submitted for
construction.
(a) Parties agree on disputed claim terms by February 15, 2008.
(b) Parties tile a joint claim construction statement by April 2, 2008.
The statement shall include the construction of those claim terms on which the parties agree and
each party's proposed construction of each disputed claim term, together with an identification of
all the intrinsic evidence known to the party on which it intends to rely.
(c) Markmnn opening briefs due by May 16, 2008.
(cl) Mnrkmcm answering briefs due by July l, 2008.
The Court, after reviewing the briefing, will allocate time to the parties for the
hearing.
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Case 1:05-cv-00016-JJF Document 183-2 Filed O4/O2/2007 Page 3 of 3
6. Case Dispositive Motions.
Any case dispositive motions, pursuant to the Federal Rules of Civil Procedure,
shall be served and filed on or before August l, 2008. Briefing shall be pursuant to D. Del. LR
7.1..2. No case dispositive motion may be tiled 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
surnrnary judgrnent motions.
7. Pretrial Conference and Trial.
The final Pretrial Conference will be held on October I6, 2008 at 11:00 am. A
jury trial will be held commencing within sixty (60) to ninety (90) days alter the final Pretrial
Conference.
8. Further Amendments.
This Agreed Amended Rule 16 Scheduling Order is subject to further amendment
or modification upon a showing of good cause.
Date UNITED STATES DISTRICT COURT SUDGE
AGREED AS TO FORM AND SUBSTANCE:
MORRIS, NICHOLS, ARSHT & POTTER ANDERSON & CORROON LL}?
TUNNELL LL?
/s/Julia Heaney (#3052) /s/ David E. Moore (#3983)
J ack B. Blumenfeld (#l0l4) Richard L. Horwitz (#2246)
Iulia Heaney (#3052) David E. Moore (#3983)
120l N. Market Street 1313 N. Market Street
Wilmington, Delaware 19801 Wilmington, Delaware l980l
(302) 658—9200 (302) 948-6000
Attorneys for Nokia Corporation and Attorneys for lnterlligital Communications
Nokia Inc. Corporation and Interliligital Technology
Corporation
74620Gv2
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