Case Management Report (Patent) (Judge Antoon)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Plaintiff v. Case Number Defendant CASE MANAGEMENT REPORT The parties have agreed on the following dates and discovery plan pursuant to Fed.R.Civ.P. 26(f) and Local Rule 3.05(c): DEADLINE OR EVENT AGREED DATE Mandatory Initial Disclosures (pursuant to Fed.R.Civ.P. 26(a)(1)) including disclosure of Asserted Claims [Court recommends 30 days after CMR meeting] Certificate of Interested Persons and Corporate Disclosure Statement [each party who has not previously filed must file immediately] Motions to Add Parties or to Amend Pleadings [Court recommends 4 months after CMR meeting] Disclosure of Infringement Contentions [Court recommends 2 months after CMR meeting] Disclosure of Non-Infringement and Invalidity Contentions [Court recommends 3 months after CMR meeting] Initial Identification of Disputed Claim Terms [Court recommends 3 275 months after CMR meeting] Proposed Claim Term Constructions [Court recommends 4 275 months after CMR meeting] Disclosure of Intent to Rely on Advice of Counsel as a Defense [Court recommends 1 week after Proposed Claim Term Constructions] Joint Claim Construction Statement [Court recommends 2 weeks after the Proposed Claim Term Constructions] American LegalNet, Inc. www.FormsWorkFlow.com DEADLINE OR EVENT AGREED DATE Technology Tutorial Conference [Court recommends 2 weeks after the Joint Claim Construction Statement] Plaintiff222s Claim Construction Brief [Court recommends 6 weeks after the Joint Claim Construction Statement] Defendant222s Response Brief [Court recommends 2 weeks after Plaintiff222s Brief] Joint Pre-Hearing Statement [Court recommends 1 week after Defendant222s Brief] Claim Construction Hearing [Court recommends 3 weeks after the Joint Pre-Hearing Statement] Amending Infringement, Non-Infringement, and Invalidity Contentions [Court recommends 3 months after the Claim Construction Hearing] Fact Discovery Deadline [Court recommends 4 weeks after Amending Infringement, Non-Infringement, and Invalidity Contentions] Disclosure of Expert Reports on Issues Where the Party Bears the Burden of Proof [Court recommends 4 weeks after the Fact Discovery Deadline] Disclosure of Rebuttal Expert Reports [Court recommends 4 weeks after Disclosure of Expert Reports] Expert Discovery Deadline [Court recommends 4 weeks after Disclosure of Expert Rebuttal Reports] Dispositive Motions, Daubert, and Markman Motions [Court recommends 4 weeks after the Expert Discovery Deadline and requires 5 months or more before trial term begins] Meeting In Person to Prepare Joint Final Pretrial Statement [20 days before Joint Final Pretrial Statement] Joint Final Pretrial Statement (Including a Single Set of Jointly-Proposed Jury Instructions and Verdict Form, Voir Dire Questions, Witness Lists, Exhibit Lists with Objections on Approved Form) [Court recommends 5 weeks before Trial] American LegalNet, Inc. www.FormsWorkFlow.com DEADLINE OR EVENT AGREED DATE All Other Motions Including Motions In Limine (Each Party is limited to one Motion in Limine that does not exceed 25 pages without leave of Court. Responses are limited to 20 pages without leave of Court.] [Court recommends 7 weeks before Trial] Trial Term Begins [Local Rule 3.05 (c)(2)(E) sets goal of trial within 2 years of filing complaint in all Track Two cases; district judge trial terms begin on the first business day of each month; trials before magistrate judges will be set on a date certain after consultation with the parties] Estimated Length of Trial [trial days] Jury / Non-Jury Mediation Deadline: Mediator: Address: Telephone: Mediation is MANDATORY. Court recommends it take place shortly after the discovery deadline. IF THE PARTIES DO NOT SELECT A MEDIATOR, THE COURT WILL APPOINT ONE FROM ITS LIST OF CERTIFIED MEDIATORS. All Parties Consent to Proceed Before Magistrate Judge Yes No Likely to agree in future PATENT INFORMATION: A. Disclosure of Infringement Contentions: A party making infringement contentions must serve on the opposing party, but not file with the Court, disclosures of the following information: 1. The party shall disclose each asserted claim of infringement. 2. The party shall disclose the identity of each accused device.1 This identification shall 1 The Court refers to every allegedly infringing device, method, or service as an 223accused device224 American LegalNet, Inc. www.FormsWorkFlow.com be as specific as possible. The party shall identify each accused device by name or model number, if known. 3. For each element of each asserted claim, the party shall disclose its contentions as to how each element of each claim is found in each accused device. 4. For each element of each asserted claim that the party contends is governed by 35 U.S.C. 247 112 266 6, the party shall disclose the function and structure of each element and where the function and structure is disclosed in the specification. The party shall also disclose the identity of the structure(s), act(s), or material(s) in each accused device that performs the claims function. 5. The party shall disclose whether each element of each asserted claim is claimed to be literally present or present under the doctrine of equivalents in the accused device. B. Disclosure of Non-Infringement and Invalidity Contentions Any party asserting non-infringement, invalidity, or unenforceability claims or defenses must serve on the opposing party, but not file with the Court, disclosure containing the following: 1. The party shall disclose the factual basis for any allegation that it does not infringe the patent(s)-in-suit either literally or under the doctrine of equivalents, and shall identify what elements it believes are not present in the accused devices and why an equivalent is not present. 2. The party shall disclose each item of prior art that forms the basis of any allegation of invalidity by reason of anticipation or obviousness. As for prior art that is a document, the party shall provide a copy of the document to the opposing party. As to prior art that is not documentary in nature, such prior art shall be identified with particularity (by the 223who, what, when, and where,224 etc.) as to the publication date, sale date, use date, source, ownership, inventorship, conception, and any other pertinent information that forms the basis of the party222s invalidity contentions. 3. The party shall disclose whether each item of prior art anticipates each asserted claim or renders it obvious. If a combination of items of prior art makes a claim obvious, then each such combination and reason why a person of ordinary skill in the art would combine such items shall be throughout this Order. American LegalNet, Inc. www.FormsWorkFlow.com identified. 4. For each element of each asserted claim that the party contends is governed by 35 U.S.C. 247 112 266 6, the party shall disclose the function and structure of each element and where the function and structure is disclosed in the specification. The party shall also disclose where the prior art identifies the structure(s), act(s), or material(s) in each prior art that performs the claimed function. 5. For any grounds of invalidity based on 35 U.S.C. 247 112 or other defenses, the party shall provide its reasons and evidence as to why the claims are invalid or the patent unenforceable, making specific reference to relevant portions of the specification or claims or prosecution history. Such positions shall be made in good faith. C. Initial Identification of Disputed Claim Terms Lead counsel for the parties shall meet and confer in person to determine which claim terms may need to be interpreted by the Court, not to exceed no more than 10 claim terms. D. Proposed Claim Term Constructions The parties shall exchange, but not file with the Court, a list of each party222s proposed interpretation of the disputed claim terms, along with citations to the intrinsic evidence (e.g., patent prosecution history, dictionary definitions, etc.) that support its interpretation, along with a brief summary of any testimony that is expected to be offered to support that interpretation. E. Disclosure of Intent to