Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01536-JJF

Document 48-3

Filed 03/08/2006

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SUMMARY OF PARTIES' CURRENT POSITIONS ON PROPOSED SCHEDULING ORDERS IN C.A. NO. 04-1337-KAJ, C.A. NO. 04-1338-KAJ, AND C.A. NO. 04-1536-KAJ

EVENTS

OPTREX (SINGLE PARTY) March 15, 2006

1337/1338 MANUFACTURER DEFENDANTS' PROPOSAL March 15, 2006

HONEYWELL

DATE OF SCHEDULING ORDER INITIAL DISCLOSURES REGULAR DISCOVERY

March 15, 2006

Unless otherwise agreed, 10 days after scheduling order Discovery shall commence upon entry of the Scheduling Order

Unless otherwise agreed, 10 days after Scheduling Order Discovery shall commence upon entry of the Scheduling Order

Unless otherwise agreed, 10 days after scheduling order Discovery shall commence upon entry of the Scheduling Order

JOINDER OF PARTIES AMENDMENT OF PLEADINGS

May 26, 2006

May 26, 2006

May 26, 2006

May 26, 2006

May 26, 2006

December 4, 2006

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EVENTS

OPTREX (SINGLE PARTY) Each defendant "family" will produce its witnesses to Honeywell for a total of 50 hours of testimony. Honeywell will produce its witnesses, including the named inventors of the McCartney patent, for a total of 150 hours of testimony on "common" issues. In addition, each defendant "family" will have the right to conduct 21 hours of deposition testimony of Honeywell representatives on "party specific" topics. Third Party discovery limited additional 112 hours per side. to an

1337/1338 MANUFACTURER DEFENDANTS' PROPOSAL 300 hours/side for fact depositions on common issues, each Manufacturer Defendant family may take 50 deposition hours of Plaintiffs for party specific issues and Plaintiffs may take 50 deposition hours per Manufacturer Defendant family for party specific issues, each party family may take an additional 50 deposition hours for party specific issues. Manufacturer Defendants shall have an additional 150 hours of Third Party depositions. Honeywell shall have an additional 75 hours of Third Party depositions. A party may apply to Court for additional time for good cause shown. Limitations do not apply to expert discovery

HONEYWELL

DISCOVERY LIMITATIONS

Each defendant/defendant "family" will produce its witnesses to Honeywell for a total of 50 hours of testimony. Honeywell will produce its witnesses, including the named inventors of the McCartney patent, for a total of 100 hours of testimony on "common" issues. In addition, each defendant/defendant "family" will have the right to conduct 10 hours of deposition testimony of Honeywell representatives on "party specific" topics. Each side shall have 75 hours to conduct third party discovery. Limitations discovery. do not apply to expert

A party may apply to Court for additional time for good cause shown. Limitations do not apply to expert discovery

DISCOVERY CUTOFF EXPERT REPORTS

February 23, 2007

May 30, 2007 (Includes Expert Discovery)

May 30, 2007 (Includes Expert Discovery)

90 days prior to discovery cut-off and rebuttal report 45 days before discovery cut-off October 26, 2006

90 days prior to discovery cut-off and rebuttal report 45 days before discovery cut-off October 26, 2006

90 days prior to discovery cut-off and rebuttal report 45 days before discovery cut-off October 26, 2006

INTERIM STATUS REPORT INTERIM STATUS CONFERENCE

November 2, 2006

November 2, 2006

November 2, 2006

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Filed 03/08/2006

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EVENTS

OPTREX (SINGLE PARTY) September 22, 2006 (Live presentation, possibly video)

1337/1338 MANUFACTURER DEFENDANTS' PROPOSAL December 22, 2006 (mentions only live, and no video presentation) Limited to one-half hour for each side.

HONEYWELL

TECHNOLOGY TUTORIAL

December 22, 2006 (live presentation, but possibly other media)

DISPOSITIVE MOTIONS

Opening Briefs by March 23, 2007 Answering: + 30 days Reply: + 14 days

Opening Briefs by June 30, 2007 Answering: + 30 days Reply: + 14 days

Opening Briefs by June 30, 2007 Answering: + 30 days Reply: + 14 days

CLAIM CONSTRUCTION (CC)

-Exchange list of terms: August 25, 2006 -Create Joint Claim Charts for submission to Court on February 23, 2007 -Simultaneous Opening CC briefs: March 23, 2007 -Simultaneous Answering briefs 30 days from opening brief. May 25, 2007

-Exchange list of terms: November 9, 2006 -Create Joint Claim Charts for submission to Court on May 30, 2007 -Simultaneous Opening CC briefs: June 29, 2007 -Simultaneous Answering briefs: July 27, 2007 August 30, 2007

-Exchange list of terms: November 9, 2006 -Create Joint Claim Charts for submission to Court on May 30, 2007 -Simultaneous Opening CC briefs: June 29, 2007 -Simultaneous Answering briefs: July 27, 2007 August 30, 2007

CC & SUMMARY JUDGMENT HEARING FINAL PRETRIAL FILINGS FINAL PRETRIAL CONFERENCE

June 29, 2007

September 21, 2007

September 21, 2007

July 13, 2007

September 28, 2007

September 28, 2007

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EVENTS

OPTREX (SINGLE PARTY)

1337/1338 MANUFACTURER DEFENDANTS' PROPOSAL A 10 day trial shall commence six (6) weeks after the Final Pretrial Conference with each side having 22 hours to present their case, limited to the issues of validity and enforceability of the patent-in-suit. Trial of other issues (including infringement, laches, damages and willfulness) shall be scheduled at a time and in a manner to be determined in the future Concerning Honeywell's proposal that the Customer Defendants "be bound by the infringement and validity determinations of the verdict of the first [manufacturer] phase": The Customer Defendants are currently stayed, did not participate in the preparation of this Proposed Scheduling Order, and are not subject to its provisions. Moreover, it is the Manufacturer Defendants' understanding that the Customer Defendants have not agreed to be bound by a judgment or determination against the Manufacturer Defendants and that the Court rejected this suggestion previously. The Manufacturer Defendants object to including Honeywell's proposed statements about the Customer Defendants and an injunction in the Scheduling Order.

HONEYWELL

TRIAL

A trial between Honeywell and Optrex on all issues, beginning as soon after July 13, 2007 as the Court's schedule permits, with each side having 22 hours to present their case.

As it remains unclear whether the Manufacturer Defendants will stand in for the accused activities of their customers, Honeywell proposes an initial trial phase beginning on October 22, 2007 and lasting approximately 18 days. Issues to be tried to verdict in this phase include whether modules using the Accused Structure manufactured by the Manufacturer Defendants practice any valid claims of the McCartney `371 patent. Each side would have 45 hours to present their case on these issues. Judgment can then be entered as against the "manufacturer" defendants, at least as to the issues of injunctive relief. The issue of damages, if necessary, will be tried against the "customer" (stayed) defendants in a second phase, following a reasonable period of additional discovery to be determined later. The "customer" defendants will be bound by the infringement and validity determinations of the verdict of the first phase. Judgment will then be entered as against the "customer" defendants.

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