Free Order - District Court of California - California

Case 3:07-cv-03177-MMC

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Filed 10/09/2007

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1 Robert D. Becker (Bar No. 160648) E-mail: [email protected] 2 Eugene L. Hahm (Bar No. 167596) E-mail: [email protected] 3 Shawn G. Hansen (Bar No. 197033) 4 E-mail: [email protected] MANATT, PHELPS & PHILLIPS, LLP 5 1001 Page Mill Road, Building 2 Palo Alto, CA 94304-1006 6 Telephone: (650) 812-1300 Facsimile: (650) 213-0260 7 8 Attorneys for Defendant 9 10 11 12 13 RESEARCH IN MOTION LIMITED, 14 Plaintiff, 15 v. 16 17 18 19 20 21 22 23 24 25 26 27 28
Case Management and Docket Control Order

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Case No. C-07-3177 (MMC) ORDER ADOPTING WITH EXCEPTION CASE MANAGEMENT AND DOCKET CONTROL ORDER

VISTO CORPORATION, Defendant. AND RELATED COUNTERCLAIMS

Pursuant to the Case Management Conference held on September 28, 2007, Defendant and Counterclaimant Visto Corporation ("Visto") and Plaintiff and Counterdefendant Research In Motion Limited, Counterdefendant Research In Motion Corporation (collectively referred to as "Plaintiff") hereby submit this Case Management and Docket Control Order. ADR The parties are ordered to private mediation.

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Claim Construction The parties are limited to eight (8) claim terms to be construed at the Claim Construction

3 Hearing. The Claim Construction hearing will be held on Monday, June 16, 2007 at 9:00 a.m. Each 4 party will have two hours to present its proposed construction. No expert testimony will be allowed, 5 but experts may be present to advise. 6 7 Further Status Conference A further status conference will be held on August 1, 2008 at 10:30 a.m. The parties shall

8 file an updated joint case management statement by July 25, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Plaintiff's Reply Claim Construction Brief (Patent L.R. 4-5(c)) 28
Case Management and Docket Control Order

EVENT Initial Case Management Conference Disclosure of Asserted Claims and Preliminary Infringement Contentions and Materials Identified (Patent L.R. 3-1 and 3-2) Disclosure of Preliminary Invalidity Contentions and Materials Identified (Patent L.R. 3-3 and 3-4) Exchange of Proposed Terms for Claim Construction (Patent L.R. 4-1)

DATE September 28, 2007 October 19, 2007

December 11, 2007

December 21, 2007

Exchange of Preliminary Claim Constructions (Patent L.R. 4-2) January 10, 2008 Last Day to Amend Pleadings Joint Claim Construction and Prehearing Statement (Patent L.R. 4-3) Completion of Claim Construction Discovery (Patent L.R. 4-4) Plaintiff's Opening Claim Construction Brief (Patent L.R. 45(a)) Defendant's Responsive Claim Construction Brief (Patent L.R. 4-5(b)) January 29, 2008 February 11, 2008

March 12, 2008 April 17, 2008

May 8, 2008

May 22, 2008
Case No. C-07-3177 (MMC)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Expert Discovery Cutoff 17 18 19 20 21 22 23 24 25 26 27 28 TRIAL

EVENT Claim Construction Hearing (Patent L.R. 4-6) Claim Construction Ruling (Estimated to allow for subsequent dates to be provided) Final Infringement Contentions (Patent L.R. 3-6(a)) Final Invalidity Contentions (Patent L.R. 3-6(b)) Defendant to Disclose and Produce Patent Opinions (Patent L.R. 3-8) Fact Discovery Cutoff Willfulness Discovery Cutoff Last Day to File Motion to Compel Fact or Willfulness Discovery (Civ. L.R. 26) Initial Expert Reports (based on burden of proof) Rebuttal Expert Reports (based on burden of proof)

DATE June 16, 2008, 9:00 a.m. July 16, 2008

August 15, 2008 September 4, 2008 September 4, 2008

October 17, 2008 October 17, 2008 October 31, 2008

October 17, 2008 November 17, 2008 December 17, 2008 December 31, 2008

Last Day to File Motion to Compel Expert Discovery (Civ. L.R. 26) Last Day to Hear Dispositive and Daubert Motions Joint Pretrial Order Pretrial Conference

February 25, 2009 March 10, 2009 March 17, 2009; 3:00 p.m. March 30, 2009; 9:00 a.m.

Case Management and Docket Control Order

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1 DATED: October 1, 2007 2 3 4 5 6 7 8 APPROVED AS TO FORM: 9 DATED: October 1, 2007 10 11 12 13 14

MANATT, PHELPS & PHILLIPS LLP

By: /s/ Michelle Gillette Robert D. Becker Eugene L. Hahm Michelle Gillette Attorneys For VISTO CORPORATION

KIRKLAND & ELLIS LLP

By: /s/ Marc H. Cohen Robert G. Krupka, P.C. Marc H. Cohen Philip T. Chen

Attorneys for RESEARCH IN MOTION LIMITED and 15 RESEARCH IN MOTION CORPORATION Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, Michelle 16 Gillette hereby attests that concurrence in the filing of this document has been obtained. 17 18 19 20 21 22 23 24 25 26 27 28
Case Management and Docket Control Order
90000562.1

ORDER

It is so ordered, with the exception that the last day for hearing dispositive and Daubert motions is February 13, 2009.

Dated: October 9, 2007

______________________________________ Maxine M. Chesney United States District Judge

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Case No. C-07-3177 (MMC)