Case 1:14-cv-01430-VAC Document 486 Filed 03/23/22 Page 1 of 5 PageID #: 28003
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ELM 3DS INNOVATIONS, LLC,
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`Plaintiff,
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`v.
`SAMSUNG ELECTRONICS CO., LTD.., et al.,
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`Defendants.
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`C.A. No. 14-cv-1430-VAC
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`JURY TRIAL DEMANDED
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`STIPULATION TO AMEND SCHEDULING ORDER
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`WHEREAS, the Court entered Amended Scheduling Orders on May 9, 2018 (D.I. 176),
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`January 15, 2020 (Docket Text Order), March 26, 2020 (Docket Text Order), July 16, 2020 (D.I.
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`316), October 7, 2020 (Docket Text Order), January 7, 2021 (Docket Text Order), July 22, 2021
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`(Docket Text Order), and January 4, 2022 (Docket Text Order);
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`WHEREAS, the parties have not yet completed fact discovery in this case;
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`NOW THEREFORE, the parties hereby stipulate and agree, subject to the approval of the
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`Court, to amend the scheduling order as follows. The parties disagree over the dates for dispositive
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`motions, and have included brief explanations for those disagreements below:
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`Case 1:14-cv-01430-VAC Document 486 Filed 03/23/22 Page 2 of 5 PageID #: 28004
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`Event
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`Current Deadline Extended Deadline
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`Samsung to produce downstream sales data for the
`100 representative products with die thicknesses
`above 50 microns, in a form that will be immediately
`useable by Elm.
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`Samsung to substantially complete discovery on the
`100 representative products with die thicknesses
`above 50 microns, including document production,
`production of samples, and interrogatory
`supplementation.
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`2/18/2022
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`Elm’s deadline to serve interrogatories and Rule
`30(b)(6) deposition notices relating to Samsung’s
`representative products
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`3/14/2022
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`Elm’s deadline to serve fact-deposition notices on
`Samsung
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`3/14/2022
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`Fact discovery closes
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`4/14/2022
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`Elm elects no more than 36 total claims and provide
`final infringement contentions
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`5/3/2022
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`Defendants’ responses to contention interrogatories
`related to infringement
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`5/20/2022
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`Defendants elect no more than 36 prior art references
`and provide final invalidity contentions
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`6/3/2022
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`Elm’s responses to contention interrogatories related
`to invalidity
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`6/17/2022
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`Opening expert reports
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`Responsive expert reports
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`Expert discovery closes
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`7/8/2022
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`8/12/2022
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`9/2/2022
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`2
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`4/1/2022
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`4/15/2022
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`4/29/2022
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`4/29/2022
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`6/3/2022
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`6/17/2022
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`7/8/2022
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`7/15/2022
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`7/29/2022
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`8/19/2022
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`9/23/2022
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`10/6/2022
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`Case 1:14-cv-01430-VAC Document 486 Filed 03/23/22 Page 3 of 5 PageID #: 28005
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`Event
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`Current Deadline Extended Deadline
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`Case dispositive and Daubert motions
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`9/16/2022
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`Responses to case dispositive and Daubert motions
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`10/21/2022
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`Replies to case dispositive and Daubert motions
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`11/2/2022
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`Elm Proposal:
`10/20/2022
`Samsung Proposal:
`10/27/2022
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`Elm Proposal:
`11/23/2022
`Samsung Proposal:
`11/30/2022
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`Elm Proposal:
`12/7/2022
`Samsung Proposal:
`12/14/2022
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`Hearing on pending dispositive and Daubert motions TBD
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`Rule 16 Conference
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`TBD
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`TBD
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`TBD
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`Deadline for Elm to provide a draft pretrial order to
`all other parties
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`No Change
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`No Change
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`Deadline for all other parties to provide Elm and each
`other party with their responses to Elm’s draft order
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`No Change
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`No Change
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`Pretrial conference
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`Jury trial
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`Deadline for the parties to jointly submit a form of
`order to enter judgment on the verdict and to submit a
`joint status report (should they wish to file one),
`indicating among other things how the case should
`proceed and listing any post-trial motions each party
`intends to file
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`TBD
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`TBD
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`TBD
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`TBD
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`No Change
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`No Change
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`Elm’s Statement Regarding Schedule for Dispositive Motions: Under the current case
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`schedule, there are two weeks between the close of expert discovery (scheduled for 9/2/2022) and
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`the filing of dispositive motions (scheduled for 9/16/2022). Elm proposes that the updated
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`schedule similarly include two weeks between those events. Samsung proposes extending that
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`3
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`Case 1:14-cv-01430-VAC Document 486 Filed 03/23/22 Page 4 of 5 PageID #: 28006
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`timeframe by one week. Elm opposes Samsung’s approach for two reasons. First, Samsung has
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`never explained to Elm why Samsung previously agreed to a two-week space between those events,
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`but now believes an additional week is necessary.1 Second, Samsung’s approach creates the real
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`possibility that dispositive motion briefing will not be completed this year. Under Samsung’s
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`approach, dispositive motion briefing is scheduled to end on December 14, 2022. This is just over a
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`week before the Christmas holidays. If any intervening deadlines are even just slightly delayed, then
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`dispositive briefing will not be completed this year. Given past experiences, such delays are highly
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`likely. Elm filed this lawsuit in 2014. While another week may seem like a small matter, Elm opposes
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`a schedule that will likely delay dispositive motion briefing into 2023.
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`Samsung’s Statement Regarding Schedule for Dispositive Motion: The parties
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`primarily dispute how soon after the close of expert discovery to set the date for case dispositive and
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`Daubert motions. While Samsung believes four weeks is appropriate—which is the same timing
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`often seen in Delaware scheduling orders—Samsung proposed three weeks in the spirit of
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`compromise and with the hope of reaching an agreement, without burdening the Court. At least
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`three weeks is necessary here; the motions Samsung intends to file include technologically-complex
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`topics and will rely on expert testimony. Elm, in contrast, seeks to significantly compress the
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`timeline down to two weeks from the close of expert discovery, while at the same time seeking
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`nearly five weeks for responsive briefing, followed by two weeks for reply briefing. This unbalanced
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`proposal is unworkable and would severely prejudice Samsung, as it would not provide sufficient
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`time to prepare opening briefs, including reviewing and incorporating the testimony from expert
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`depositions. Samsung respectfully requests that the Court adopt Samsung’s proposal accordingly.
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`1 The parties exchanged their statements simultaneously. To the extent that Samsung’s statement
`explains why it previously agreed to a two-week gap but now insists on three, that explanation was
`never previously provided to Elm.
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`4
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`Case 1:14-cv-01430-VAC Document 486 Filed 03/23/22 Page 5 of 5 PageID #: 28007
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`Dated: March 23, 2022
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`FARNAN LLP
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`
`/s/ Michael J. Farnan
`Brian E. Farnan (#4089)
`Michael J. Farnan (#5165)
`919 North Market Street
`12th Floor
`Wilmington, DE 19801
`Tel: (302) 777-0300
`Fax: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`Attorneys for Plaintiff Elm 3DS
`Innovations, LLC
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`Respectfully submitted,
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`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
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`/s/ Adam W. Poff
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`Adam W. Poff (#3990)
`Pilar G. Kraman (#5199)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`Telephone: (302) 571-6600
`apoff@ycst.com
`pkraman@ycst.com
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`Attorneys for Defendants Samsung Electronics Co.,
`Ltd., Samsung Semiconductor, Inc., Samsung
`Electronics America, Inc., and Samsung Austin
`Semiconductor, LLC
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`IT IS SO ORDERED
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`Date:
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`5
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