Case 4:16-cv-01730-YGR Document 123 Filed 09/24/18 Page 1 of 6
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`COOLEY LLP
`ATTORNEYS AT LAW
`PALO ALTO
`
`HEIDI L. KEEFE (178960)
`hkeefe@cooley.com
`MARK R. WEINSTEIN (193043)
`mweinstein@cooley.com
`PHILLIP E. MORTON (pro hac vice)
`pmorton@cooley.com
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304-1130
`Telephone:
`(650) 843-5000
`Facsimile:
`(650) 849-7400
`
`MICHAEL G. RHODES (116127)
`(rhodesmg@cooley.com)
`COOLEY LLP
`101 California Street, 5th Floor
`San Francisco, CA 94111
`Telephone: (415) 693-2000
`Facsimile: (415) 693-2222
`
`Attorneys for Defendant Facebook, Inc.
`
`
`BRADLEY W. CALDWELL (pro hac vice)
`bcaldwell@caldwellcc.com
`JASON D. CASSADY (pro hac vice)
`jcassady@caldwellcc.com
`JOHN AUSTIN CURRY (pro hac vice)
`acurry@caldwellcc.com
`WARREN J. MCCARTY, III (pro hac vice)
`wmccarty@caldwellcc.com
`CALDWELL CASSADY & CURRY
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`Christopher D. Banys (SBN 230038)
`Jennifer L. Gilbert (SBN 255820)
`cdb@banyspc.com
`jlg@banyspc.com
`BANYS, P.C.
`1032 Elwell Court, Suite 100
`Palo Alto, CA 94303
`Tel: (650) 308-8505
` Fax: (650) 353-2202
`
`Attorneys for Plaintiff Windy City
`Innovations, LLC
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
`
`WINDY CITY INNOVATIONS, LLC
`Plaintiff,
`
`
`
`v.
`FACEBOOK, INC.,
`Defendant.
`
`
`
`
`
`Case No. 4:16-cv-01730-YGR
`
`JOINT CASE MANAGEMENT
`CONFERENCE STATEMENT
`
`Date: October 1, 2018
`Time: 2:00 p.m.
`Dept.: Courtroom 1
`Judge: Honorable Yvonne Gonzalez Rogers
`Date Filed: September 24, 2018
`Trial Date: June 10, 2019
`
`Pursuant to Federal Rule of Civil Procedure 26(f), Civil Local Rule 16-9(a), Patent
`Local Rule 2-1, the Standing Order for All Judges of the Northern District of California –
`Contents of Joint Case Management Statement, and the Court’s July 9, 2018 Case Management
`and Pretrial Order (Dkt. 117) the parties to the above-titled action jointly submit this Case
`
`JOINT CASE MANAGEMENT CONFERENCE
`STATEMENT
`
`1.
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` 4:16-CV-01729-YGR
` 4:16-CV-01730-YGR
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`Case 4:16-cv-01730-YGR Document 123 Filed 09/24/18 Page 2 of 6
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`Management Statement and Proposed Order.
`As described below, the parties are proceeding with discovery and do not anticipate
`any disputes requiring the Court’s attention. As such, the parties do not believe that the case
`management conference is necessary, but should the Court wish to proceed with this hearing,
`the Parties are happy to appear before the Court at the designated time.
`1.
`Jurisdiction and Service.
`The parties have no update and refer to their previously filed statement. (Dkt. 95.)
`2.
`Procedural History and Facts.
`The parties refer to their previously filed statement for an overview of this case’s prior
`history and relevant facts. (Dkt. 95.)
`(a)
`Case Activity Since the Last Case Management Statement.
`The parties last filed a case management statement on February 5, 2018. (Dkt. 95.) The
`Court held a case management conference on February 23, 2018. (Dkt. 100.) Following that,
`the parties began taking discovery and briefed claim construction issues. (Dkts. 107, 108, 112.)
`The Court held a case status telephone conference on July 6, 2018, at which the Court set the
`remaining schedule for the case, including a trial date of June 10, 2019. (Dkts. 116, 117.)
`During the telephone conference, the Court informed the parties that it will address claim
`construction issues at the same time it addresses dispositive motions under the updated
`schedule. Since that time the parties have engaged in substantial discovery of all types and
`mediated the case on September 10, 2018. The parties have another mediation scheduled on
`October 9, 2018.
`3.
`Legal Issues.
`The parties have no update and refer to their previously filed statement. (Dkt. 95.)
`4.
`Motions and/or Pending Matters.
`(a) Motions
`
`There are no pending motions at this time.
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`JOINT CASE MANAGEMENT CONFERENCE
`STATEMENT
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`2.
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`Case 4:16-cv-01730-YGR Document 123 Filed 09/24/18 Page 3 of 6
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`(b)
`Anticipated Motions
`The parties do not presently anticipate any motions beyond dispositive motions and
`Daubert challenges, as contemplated by the Court’s current schedule.
`(c)
`Pending Matters
`Facebook’s Appeal and Windy City’s Cross Appeal to the U.S. Court of Appeals for
`the Federal Circuit appealing, among other issues, the PTAB’s determination that the nine
`remaining asserted claims were not unpatentable remain pending before the Federal Circuit.
`Fed. Cir. Appeal Nos. 18-1400, -1401, -1402, -1403, -1537, -1540, and -1541. All of the
`parties’ appeals have been consolidated under Case No. 18-1400.
`Facebook filed its Opening Brief on May 21, 2018. Windy City filed its Response Brief
`on August 31, 2018. The current deadline to file Facebook’s Reply Brief is October 10, 2018.
`5.
`Amendment of Pleadings, Addition of Parties, Etc.
`None at this time.
`6.
`Evidence Preservation.
`The parties have reviewed the Guidelines Relating to the Discovery of Electronically
`Stored Information (“ESI”). Additionally, the parties have discussed with their counsel and
`met and conferred at their F.R.C.P. 26(f) conference regarding reasonable and proportionate
`steps to preserve evidence relevant to the issues reasonably evident in this action. Each party
`has implemented a litigation hold with respect to ESI and hardcopy documents and media that
`is believed to be reasonably related to the claims and defenses in this action.
`7.
`Initial Disclosures.
`The parties served initial disclosures pursuant to Federal Rule of Civil Procedure
`26(a)(1) on July 18, 2016. Facebook amended its initial disclosures on August 31, 2018.
`8.
`Discovery.
`(a)
`Discovery to Date
`
`
`The parties have engaged in substantial discovery, including document production,
`interrogatories, ESI discovery, and depositions.
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`JOINT CASE MANAGEMENT CONFERENCE
`STATEMENT
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`3.
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` 4:16-CV-01730-YGR
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`Case 4:16-cv-01730-YGR Document 123 Filed 09/24/18 Page 4 of 6
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`Scope of Anticipated Discovery
`(b)
`The parties anticipate that the scope of discovery will encompass the factual and legal
`issues identified in Sections 3 above, and the requested relief discussed in Section 11 below,
`including all related, ancillary, and subsidiary factual and legal issues and matters.
`(c)
`Report on Stipulated E-Discovery Order.
`The parties have reviewed the Northern District of California’s Model Stipulation and
`Order Re: Discovery of Electronically Stored Information For Patent Litigation and the Court
`entered the parties’ stipulated ESI Order on August 16, 2016. See Dkt. 70.
`(d)
`Discovery Plan/Changes to Discovery Limitations
`The Court entered a case scheduling order on August 2, 2016 (Dkt. 68) setting forth
`discovery limitations in this matter. The parties ask that the Court carry forward the discovery
`limitations as set forth in § I of that Order.
`9.
`Class Actions.
`Not applicable.
`10.
`Related Pending Cases.
`None.
`11.
`Relief.
`Windy City’s Statement:
`Windy City seeks judgment that Defendants have infringed and continue to infringe
`the patents in-suit. Windy City seeks damages under 35 U.S.C. § 284, attorney fees under 35
`U.S.C. § 285, and such relief at law and in equity as the Court may deem just and proper.
`Defendants’ Statement:
`Facebook seeks a judgment that Facebook does not infringe any of the asserted claims
`of the patents-in-suit and that each of the asserted claims is invalid, patent-ineligible, and/or
`unenforceable. Facebook may also seek attorney’s fees under 35 U.S.C. 285, and such relief
`
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`at law and in equity as the Court may deem just and proper.
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`JOINT CASE MANAGEMENT CONFERENCE
`STATEMENT
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`4.
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`Case 4:16-cv-01730-YGR Document 123 Filed 09/24/18 Page 5 of 6
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`12.
`Settlement and ADR.
`The parties engaged in meditation on December 14, 2016 with the Hon. Edward Infante
`(Ret.) at JAMS in San Francisco. No resolution was reached at that time. The parties mediated
`again before the Hon. James Ware on September 10, 2018. No resolution was reached, but the
`parties have another mediation scheduled with Judge Ware on October 9, 2018.
`13.
`Consent to Magistrate Judge.
`No party consented to proceeding before a magistrate judge.
`14. Other References.
`The parties do not believe that this case is suitable for reference to binding arbitration,
`a special master, or the Judicial Panel on Multidistrict Litigation.
`15.
`Narrowing of Issues.
`The parties anticipate that the issues in the case will be further narrowed as fact and
`expert discovery progress.
`16.
`Expedited Schedule.
`The parties do not propose that this case proceed on an expedited schedule.
`17.
`Scheduling.
`The parties are not seeking any modification to the deadlines previously set by the
`Court at Dkt. 117.
`18.
`Trial.
`A jury trial is set for June 10, 2019. The parties estimate that the expected length of
`trial is five days.
`19.
`Disclosure of Non-party Interested Entities or Persons.
`The parties have filed Certifications of Interested Persons or Entities pursuant to Civil
`Local Rule 3-16.
`Windy City’s Statement:
`
`
`Windy City has filed its certification of interested entities with the Court. There are no
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`other non-parties interested entities or persons.
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`JOINT CASE MANAGEMENT CONFERENCE
`STATEMENT
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`Case 4:16-cv-01730-YGR Document 123 Filed 09/24/18 Page 6 of 6
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`Facebook’s Statement:
`Facebook certifies that it does not have a parent corporation and that no publicly held
`company owns more than 10% of Facebook’s stock.
`20.
`Professional Conduct.
`All attorneys of record for the parties have reviewed the Guidelines for Professional
`Conduct for the Northern District of California.
`21. Other Matters.
`The parties have no other matters at this time that may facilitate the just, speedy, and
`inexpensive disposition of this matter.
`
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`Respectfully submitted,
`
`Dated: September 24, 2018
`
`
`CALDWELL CASSADY & CURRY
`
`/s/ Warren J. McCarty
`Warren J. McCarty, III
`Attorneys for Plaintiff
`WINDY CITY INNOVATIONS, LLC
`
`
`COOLEY LLP
`
`/s/ Heidi L. Keefe
`Heidi L. Keefe
`Attorneys for Defendant
`FACEBOOK, INC.
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`JOINT CASE MANAGEMENT CONFERENCE
`STATEMENT
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`6.
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