Free Proposed Scheduling Order - District Court of Colorado - Colorado

Case 1:03-cv-02579-RPM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02579-RPM VARCO, L.P., Plaintiff, vs. PASON SYSTEMS USA CORP., Defendant. PROPOSED MARKMAN BRIEFING SCHEDULE JURY TRIAL DEMANDED

This Proposed Markman Briefing Schedule is submitted pursuant the Court's request at the motions hearing held before this Court on November 17, 2006, with respect to the parties, National Oilwell-Varco, Inc., and Pason, Inc. At the hearing, the Court requested that the parties agree upon a joint schedule for claims construction under Markman. Subject to the Court's approval of this Proposed Schedule, the parties agree that claim construction issues will be controlled by the following dates: DEADLINES 1. 2. 3. January 5, 2007 January 26, 2007 February 16, 2007 VARCO'S OPENING MARKMAN BRIEF PASON'S RESPONSIVE MARKMAN BRIEF VARCO'S REPLY TO PASON'S RESPONSIVE MARKMAN BRIEF; AND THE PARTIES WILL SUBMIT CLAIM CHARTS IDENTIFYING DISPUTED CLAIM TERMS & THE PARTIES RESPECTIVE INTERPRETATIONS

4.

February 23, 2007

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5.

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MARKMAN HEARING

Both parties anticipate the use of extrinsic evidence in their filings, including but not limited to recorded and affidavit testimony from expert and lay witnesses, to be weighted as appropriate. Following the completion of their respective submissions, the parties propose an oral hearing as soon as the Court's docket will permit to present their respective claim construction positions, with the Court determining the scope of live testimony, if any, from witnesses including designated experts. The Parties Respective Positions Re: Live Testimony at Markman Hearing Varco: Varco does not intend to present live testimony regarding claim However, Varco reserves the right to present live

construction at the Markman hearing.

testimony to rebut any live testimony presented at the Markman hearing by Pason. Furthermore, Varco objects to any expert testimony at the Markman hearing that was not disclosed pursuant to Rule 26(f), FRCP, and the Court's docket control orders. If Pason intends to present expert testimony beyond the scope of its expert disclosures and expert testimony then Varco hereby requests that it be permitted discovery of such new opinions and examination of the same via deposition. Pason: Pason believes that live testimony from the experts for both parties would

be of assistance to the Court in reaching the proper construction of the claims at issue, as illustrated by the scope and detail of the Court's questions at the preliminary injunction hearing. Many of those questions addressed pertinent issues that the parties had not anticipated in either their reports or deposition discovery prior to the hearing. Pason further believes that a clear and correct construction of the claims will benefit both parties, and the Court should not be limited in

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the resources it wishes to consider. With regard to the oral submission of expert testimony not previously disclosed in initial reports, supplements, or written and oral testimony, Pason does not intend to offer new opinions presented for the first time at the hearing, but reserves the right to respond to arguments and evidence by plaintiff. Following the Court's Markman hearing, the parties request a pretrial conference and a trial setting. Respectfully submitted this 28th day of December, 2006.

s/ Robert M. Bowick Jane Michaels Joseph T. Jaros H OLLAND & H ART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 (303) 295-8000 Guy E. Matthews C. Vernon Lawson Robert M. Bowick Matthews, Lawson Bowick & Al-Azem, PLLC 2000 Bering, Suite 700 Houston, Texas 77057 (713) 355-4200 ATTORNEYS FOR PLAINTIFF

s/ Mark E. Haynes Timothy G. Atkinson Mark E. Haynes Mark E. Lacis Ireland, Stapleton, Pryor & Pascoe, P.C. 1675 Broadway, Suite 2600 Denver, CO 80202-4685 (303) 623-2700 ATTORNEYS FOR DEFENDANT