Free Proposed Order - District Court of Delaware - Delaware

E Case 1 :07-cv-00823-SLR—LPS Document 59 Filed 06/23/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MEDTRONIC, INC., )
E Plaintifi i
v. l C.A. No. 07-823—SLR—LPS
BOSTON SCIENTIFIC CORPORATION, l JURY TRIAL DEMANDED
GUIDANT CORPORATION and MIROWSKI )
E FAMILY VENTURES, LLC., )
Defendants. l
SCHEDULING ORDER
A At Wilmington this _______ day of , 2008, the parties
having satisfied their obligations under Fed. R. Civ. P. 26(fj, and the court having conducted a
pretrial scheduling conference pursuant to Fed. R. Civ. P. 16 and D. Del. LR 16.2(a) and (b).
IT IS ORDERED that:
1. Pre-Discovery Disclosures. The parties have exchanged the information
required by Fed. R. Civ. P. 26(a)(1) and D. Del. LR 16.2.
2. Discovery.
. (a) Discovery will be needed on the following subjects:
Generally, Plaintiff Medtronic will need discovery regarding its claims that the accused
Medtronic devices do not infringe the asserted ’1 19 Reissue Patent claims 15, 19, 20 and 26, and
the asserted ’897 Reissue Patent claims 120, 162, 172, l84, 201, 21l, 217, 225, 233, 248, 273,
` 282, 288, 294, 303, 308, 309, 314, 315, 320 and 324-328, and that the asserted ’119 Reissue
Patent claims and the asserted ’897 Reissue Patent claims are invalid pursuant to 35 U.S.C. §§
101, 102, 103, 112, 132, 251.

( Case 1 :07-cv-00823-SLR—LPS Document 59 Filed 06/23/2008 Page 2 of 4
i Generally, Defendants will need discovery regarding Medtronic’s assertions as to non-
i infringement and invalidity and its assertions as to distribution ofthe escrow account set forth in
defendant MF)/"s counterclaim.
i (b) All fact discovery shall be commenced in time to be completed by
March 16, 2009 .
(1) Document production by the parties shall be completed on
or before October 31, 2008 .
(2) Maximum of _2_§___ interrogatories by each party to any
other party.
(3) In the absence of agreement among the parties, contention
interrogatories, if tiled, shall first be addressed by the party with the burden of proof no later than
the date established for the completion of doctunent production, with the responsive answers due
within thirty (30) days thereof. The adequacy of all such interrogatory answers shall be judged
by the level of detail each party provides; i.e., the more detail a party provides, the more detail a
party shall receive.
(4) l\/Iaximutn of ____§Q___ requests for admission by each party
to any other party.
(5) In the absence of agreement among the parties or by order
ofthe court, no deposition (other than those noticed under Fed. R. Civ. P. 30(b)(6)) shall be
W scheduled prior to the completion of document production.
i (6) Maximum of _& fact depositions by plaintiff and __1_2_
i by defenda.nt(s). Each fact deposition [other than of depositions involving a foreign langgage

Case 1 :07-cv-00823-SLFi—LPS Document 59 Filed 06/23/2008 Page 3 of 4
n and translator ] limited to a maximum of __j_,_, hours unless extended by agreement of the
parties.
(c) Expert discovery shall be commenced in time to be completed by
r Jima s, 2009 .
(1) Expert reports on issues for which the parties have the
burden of proof due Match 31, 2009 . Rebuttal expert reports due May ll, 2009 .
(2) Expert depositions to be limited to a maximum of
L hours unless extended by agreement of the parties. l
(3) All motions shall be tiled on or before July l,
(d) Supplementations under Rule 26(e) due as provided in the Federal
Rules of Civil Procedure.
(c) Fact Witnesses to be Called at Trial. Within one (l) month
following the close of expert discovery, each party shall serve on the other parties a list of each
0 fact witness (including any expert witness who is also expected to give fact testimony), who has
previously been disclosed during discovery and that it intends to call at trial. Within one (l)
month of receipt of such fact witness list, each party shall serve a list of each rebuttal fact
witness that it intends to call at trial. The parties shall have the right to depose any such fact
witnesses who have not previously been deposed in this case. Such deposition shall be held
within one (l) month after service ofthe list of rebuttal fact witnesses and shall be limited to
twenty (20) hours per side in the aggregate unless extended by agreement ofthe parties or upon
E order ofthe court upon good cause shown.
3

Case 1 :07-cv-00823-SLFi—LPS Document 59 Filed 06/23/2008 Page 4 of 4
n 3. Joinder of other Parties and Amendment of Pleadings. All motions to
join other parties and amend the pleadings shall be tiled on or before February 27, 2009 .
4. g Contentions. _
a. Contention interrogatories shall first be addressed by the party with
g the burden of proof no later than November 28, 2008 , with the responsive answers due no
later than December 3l, 2008 . The adequacy of all such interrogatory answers shall be
judged by the level of detail each party provides; i.e., the more detail a party provides, the more
g detail a party shall receive.
b. With respect to new claims asserted by defendants in their
U responsive answers provided pursuant to Section ·¤i(a), Medtronic shall have until J anuary 3 l,
@,9,,,, to amend its defenses regarding both invalidity and noninfringement.
5. Claim Construction Issue Identification. If the court does not find that
an earlier claim construction would be helpful in resolving the case, the parties shall exchange
lists of those claim terms that they believe need construction and their proposed claim
construction of those terms on February 15, 2009. This document will not be tiled with the
court. Subsequent to exchanging such lists, the parties will meet and confer to prepare a Joint
1 Claim Construction Statement.

871063 /32582
4

Case 1:07-cv-00823-SLR-LPS

Document 59

Filed 06/23/2008

Page 1 of 4

Case 1:07-cv-00823-SLR-LPS

Document 59

Filed 06/23/2008

Page 2 of 4

Case 1:07-cv-00823-SLR-LPS

Document 59

Filed 06/23/2008

Page 3 of 4

Case 1:07-cv-00823-SLR-LPS

Document 59

Filed 06/23/2008

Page 4 of 4