Free Scheduling Order - District Court of Delaware - Delaware

Case 1:05-cv—00160-KAJ—MPT Document 70 Filed 10/28/2005 Page1 of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOVOZYMES A/S, )
Plaintiff, g
v. g Civil Action No. 05-160-KAJ
GENENCOR INTERNATIONAL, INC. and g
ENZYME DEVELOPMENT CORPORATION, )
Defendants. g
FIRST AMENDED SCHEDULING ORDER
At Wilmington this 26"‘ day of October, 2005,
IT IS ORDERED that the court's July 5, 2005 Scheduling Order (D.l. 32), is
hereby amended as follows:
1. Case Dispositive Motions. Case dispositive motions. relating to damages,
with opening briefs, and affidavits, if any, shall be served and filed on or before
March 3, 2006. Briefing will be presented pursuant to the Court’s Local Rules.
2. Hearing on Claim Construction. The parties have agreed that issues
relating to claim construction will be addressed at the time ofthe Phase 1 Trial.
3. Agglications by Motion. Except as otherwise specified herein, any
application to the Court shall be by written motion filed with the Clerk. Unless otherwise
requested by the Court, counsel shall not deliver copies of papers or correspondence to
Chambers. Any non—dispositive motion should contain the statement required by Local
Rule 7.1.1.
4. Phase 1 Pretrial Conference. On February 1, 2006, the Court will hold a
Final Pretrial Conference in Chambers with counsel beginning at 2:00 p.m., on issues

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of liability, including infringement, validity, and unenforceability. Unless otherwise
ordered by the Court, the parties should assume that filing the pretrial order satisfies
the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3). The
parties shall file with the Court the joint proposed final pretrial order with the information
required by the form of Final Pretrial Order which accompanies this Scheduling Order
on or before January 3, 2006.
5. Phase 2 Pretrial Conference. lf warranted following the Phase 1 Trial, the
Court will hold on September 12, 2006 a Final Pretrial Conference in Chambers with
counsel beginning at 4:30 p.m., on issues related to damages. Unless otherwise
ordered by the Court, the parties should assume that filing the pretrial order satisfies
the pretrial disclosure requirement of Federal Rule of Civil Procedure 26(a)(3). The
parties shall file with the Court the joint proposed final pretrial order with the information
required by the form of Final Pretrial Order which accompanies this Scheduling Order
on or before August 14, 2006.
6. Motions in Limine. Motions in limine shall not be separately filed. All in
limine requests and responses thereto shall be set forth in the proposed pretrial order.
Each party shall be limited to five in Iimine requests, unless otherwise permitted by the
Court. The in Iimine request and any response shall contain the authorities relied upon;
each in fimine request may be supported by a maximum of five pages of argument and
may be opposed by a maximum of five pages of argument. lf more than one party is
supporting or opposing an in limine request, such support or opposition shall be
combined in a single five (5) page submission, unless otherwise ordered by the Court.
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No separate briefing shall be submitted on in Iimine requests, unless otherwise
permitted by the Court.
7. Phase 1 Trial. This matter is scheduled for a 3 day bench trial on liability
issues, including infringement, validity, and unenforceability, beginning at 9:00 a.m. on
l\/larch 6, 2006. On March 8, 2006, trial will not resume until 1:30 p.m. For the purpose
of completing pretrial preparations, counsel should plan on each side being allocated a
total of 9 hours to present their case.
8. Phase 2 Trial. lf necessary following the findings and conclusions
reached after the Phase 1 Trial, a 3 day bench trial beginning at 9:00 a.m. on October
10, 2006. For the purpose of completing pretrial preparations, counsel should plan on
each side being allocated a total of 9 hours to present their case.
All other deadlines as set forth in the Court’s July 5, 2005 Scheduling Order (D.|.
32) shall remain in effect.
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` U , lT D STATES JUDGE
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