Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv-OOO16—JJF Document 171 Filed O3/O1/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOKIA CORPORATION and NOKIA INC.,
Plaintiffs,

C.A. No. 05-16-JJF
INTERDIGITAL COMMUNICATIONS
CORPORATION and INTERDIGITAL
TECHNOLOGY CORPORATION,
Defendants.
AGREED AMENDED RULE 16 SCHEDULING ORDER
The Court enters the following Agreed Amended Rule 16 Scheduling Order.
IT IS ORDERED that:
l. Complex Designation. This mater continues to be designated as complex
in accordance with D. Del. LR I6.I.
2. Settlement Conference. Pursuant to 28 U.S.C. § 636 and the Court’s
March 29, 2006 Order, this matter has previously been refen·ed to Magistrate Judge Thynge for
the purposes of exploring the possibility of a settlement.
3. Interim Status Report. On August 15, 2007, the parties shall tile with the
Court an interim report on the nature of the 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. I
4. Discovery.
(a) All fact discovery, including depositions, shall be completed by December
I4, 2007.

Case 1:05-cv-OOO16—JJF Document 171 Filed O3/O1/2007 Page 2 of 4
(b) Maximum of 50 interrogatories, including contention interrogatories, for
each side.
(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 14, 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.
(f) 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 by the Court.
5. Markman. W
If necessary, a Markman hearing will be
Briefing on the claim construction issues shall be completed prior to t.he 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 file 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) Markman opening briefs due by May I6, 2008.
(d) Markman answering briefs due by July l, 2008.
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Case 1:05-cv-OOO16—JJF Document 171 Filed O3/O1/2007 Page 3 of 4
The Court, after reviewing the briefing, will allocate time to the parties for t.he
hearing.
6. Pretrial Conference and Trial.
The final Pretrial Conference will be held on October 16, 2008 at 11:00 a.m. A
jury trial will be held commencing within sixty (60) to ninety (90) days after the final Pretrial
Conference.
7. Further Amendments.
This Agreed Amended Rule 16 Scheduling Order is subject to further amendment
or modification upon a showing ofgood cause.
1 O F1 ~ CL!-s»~g¢
D te UNIT D TAT S TRICT COU T GE
AGREED AS TO FORM AND SUBSTANCE:
MORRIS, NICHOLS, ARSHT POTTER ANDERSON 8:. CORROON LLP
& TUNNELL LLP
/s/Jack B. Blumenfeld /s/ Richard L. Horwilz
Jack B. Blumenfeld (#1014) Richard L. Horwitz (#2246)
Julia Heaney (#3052) David E. Moore (#3983
1201 N. Market Street 1313 N. Market Street
Wilmington, Delaware 19801 Wilmington, Delaware 19801 =
(302) 658-9200 (302) 948-6000 1
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Case 1:05-cv-OOO16—JJF Document 171 Filed O3/O1/2007 Page 4 of 4
ALSTON & BIRD LLP FULBRIGHT & JAWORSKI L.L.P.
Peter Kontio Dudley Oldham
Patrick Flinn Linda Addison
Randall L. Allen Richard Zembek
Lance A. Lawson 1301 McKinney, Suite 5100
William R. Hubbard Houston, Texas 77010
1201 West Peachtree Street (713) 651-5151
Atlanta, Georgia 30309
(404) 881-7000 FULBRIGHT & JAWORSKI L.L.P.
Dan D. Davison
Attorneys for Nokia Corporation and 2200 Ross Avenue, Suite 2800
Nokia Inc. Dallas, Texas 75201
(214) 855-8000
Attomeys for InterDigita1 Communications
Corporation and InterDigita1 Technology
Corporation
746200vl
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