Case 1:19-cv-01637-CFC-SRF Document 24 Filed 01/13/20 Page 1 of 20 PagelD #: 143
`Case 1:19-cv-01637-CFC-SRF Document 24 Filed 01/13/20 Page 1 of 20 PageID #: 143
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`SK INNOVATIONCO., LTD.,
`
`Plaintiff,
`
`Vv.
`
`LG CHEM, LTD., LG CHEM MICHIGAN
`INC., AND LG ELECTRONICS., INC.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`PROPOSED SCHEDULING ORDER
`This 13They ofTearary , 2029 the Court having conducted an initial Rule 16(b)
`
`Defendants.
`
`C.A. No. 19-1637-CFC
`
`LG CHEM, LTD., LG CHEM MICHIGAN,
`INC.,
`
`Counterclaim Plaintiffs,
`
`V.
`
`SK INNOVATION CO., LTD.,
`
`Counterclaim Defendant.
`
`scheduling conference pursuant to Local Rule 16.1(b), and the parties having determined after
`
`discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation,
`
`or binding arbitration:
`
`IT IS ORDERED THAT:
`
`1.
`
`Relevant Deadlines and Dates. All relevant deadlines and dates established by this
`
`Orderare set forth in the chart attached as Exhibit A.
`
`

`

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`Case 1:19-cv-01637-CFC-SRF Document 24 Filed 01/13/20 Page 2 of 20 PageID #: 144
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`2.
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`Rule 26(a)(1) Initial Disclosures. The parties shall make their initial disclosures
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`required by Federal Rule of Civil Procedure 26(a)(1) on January 24, 2020.
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`3.
`
`Disclosure of Asserted Claims and Infringement Contentions. A party claiming
`
`patent infringementshall serve onall parties a “Disclosure of Asserted Claims and Infringement
`
`Contentions” on February 21, 2020. Separately for each opposing party, the “Disclosure of
`
`Asserted Claims and Infringement Contentions”shall contain the following information:
`
`(a)
`
`Each claim of each asserted patent thatis allegedly infringed by each
`
`opposingparty, including for each claim the applicable statutory subsections of 35
`
`U.S.C. § 271 asserted;
`
`(b)
`
`Separately for each asserted claim, each accused apparatus, product,
`
`device, process, method, act, or other instrumentality (“Accused Instrumentality”)
`
`of each opposing party of which the party is aware. This identification shall be as
`
`specific as possible. Each product, device, and apparatusshall be identified by name
`
`or model number, if known. Each methodorprocess shall be identified by name, if
`
`known,or by any product, device, or apparatus which, when used,allegedly results
`
`in the practice of the claimed method or process;
`()
`A chart identifying specifically where and how each limitation of
`each asserted claim is found within each Accused Instrumentality, including for
`
`each limitation that such party contends is governed by 35 U.S.C. § 112(f), the
`
`identity of the structure(s), act(s), or material(s) in the Accused Instrumentality that
`
`performsthe claimed function;
`
`(d)
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`For each claim alleged to have been indirectly infringed, an
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`identification of any direct infringement and a description ofthe acts of the alleged
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`

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`indirect infringer that contribute to or are inducingthat direct infringement. Insofar
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`as alleged direct infringementis based on joint acts of multiple parties, the role of
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`each such party in the direct infringement must be described;
`
`(e)
`
`Whether each limitation of each asserted claim is alleged to be
`
`presentliterally or under the doctrine of equivalents in the Accused Instrumentality;
`
`(f)
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`For any patent that claims priority to an earlier application, the
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`priority date to which each asserted claim is alleged to be entitled;
`
`(g)
`
`If a party claiming patent infringement wishesto preserve the right
`
`to rely, for any purpose, on the assertion that its own orits licensee’s apparatus,
`
`product, device, process, method,act, or other instrumentality practices the claimed
`
`invention, the party shall identify, separately for each asserted claim, each such
`
`apparatus, product, device, process, method, act, or other instrumentality that
`
`incorporatesor reflects that particular claim;
`
`(h)
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`The timing of the point of first infringement, the start of claimed
`
`damages, and the end of claimed damages; and
`
`(i)
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`If a party claiming patent infringementalleges willful infringement,
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`the basis for such allegation.
`
`4,
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`Document_ Production Accompanying Disclosure of Asserted Claims and
`
`Infringement Contentions. With the “Disclosure of Asserted Claims and Infringement
`
`Contentions,” the party claiming patent infringement shall produce to each opposing party or make
`
`available for inspection and copying:
`
`(a)
`
`Documents
`
`(e.g.,
`
`contracts,
`
`purchase
`
`orders,
`
`invoices,
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`advertisements, marketing materials, offer letters, beta site testing agreements, and
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`

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`third party orjoint development agreements) sufficient to evidence each discussion
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`with, disclosure to, or other mannerofprovidingto a third party, or sale of or offer
`
`to sell, or any public use of, the claimed invention prior to the date of application
`
`for the asserted patent(s);
`
`(b)
`
`All documents evidencing the conception, reduction to practice,
`
`design, and development of each claimed invention, which were created on or
`
`before the date of application for the asserted patent(s) or the priority date identified
`
`pursuant to paragraph 3(f) of this Order, whicheveris earlier;
`
`(c)
`
`(d)
`
`A copyofthe file history for each asserted patent;
`
`All documents evidencing ownership of the patent rights by the
`
`party asserting patent infringement;
`
`(e)
`
`If a party identifies instrumentalities pursuant to paragraph 3(g) of
`
`this Order, documents sufficient to show the operation of any aspects or elements
`
`of such instrumentalities the patent claimant relies upon as embodying any asserted
`
`claims;
`
`(f)
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`All agreements, including licenses, transferring an interest in any
`
`asserted patent;
`
`(g)
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`All agreements that the party asserting infringement contends are
`
`comparable to a license that would result from a hypothetical reasonable royalty
`
`negotiation;
`
`(h)
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`All agreements that otherwise may be used to support the party
`
`asserting infringement’s damages case;
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`

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`(i)
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`If a party identifies instrumentalities pursuant to paragraph 3(g) of
`
`this Order, documents sufficient to show marking of such embodying accused
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`instrumentalities; and if the party wants to preserve the right to recover lost profits
`
`based on such products, the sales, revenues, costs, and profits of such embodying
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`accused instrumentalities; and
`
`(j)
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`All documents comprising or reflecting a FFRAND commitment or
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`agreement with respect to the asserted patent(s).
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`The producingparty shall separately identify by production number the documentsthat correspond
`
`to each category set forth in this paragraph. A party’s production of a documentas required bythis
`
`paragraphshall not constitute an admission that such document evidencesoris prior art under 35
`
`U.S.C. § 102.
`
`5.
`
`Invalidity Contentions. On April 10, 2020, each party opposing a claim of patent
`
`infringement shall serve on all parties its “Invalidity Contentions,” which shall contain the
`
`following information:
`
`(a)
`
`Theidentity of each item ofpriorart that the party alleges anticipates
`
`each asserted claim or renders the claim obvious. Each prior art patent shall be
`
`identified by its number, country of origin, and date of issue. Each prior art
`
`publication shall be identified byits title, date of publication, and, where feasible,
`
`author and publisher. Each alleged sale or public use shall be identified by
`
`specifying the item offered for sale or publicly used or known, the date the offer or
`
`use took place or the information became known,andtheidentity of the person or
`
`entity which made the use or which made and received the offer, or the person or
`
`entity which madethe information known or to whom it was made known.Forpre-
`
`

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`Case 1:19-cv-01637-CFC-SRF Document 24 Filed 01/13/20 Page 6 of 20 PageID #: 148
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`AJA claims, prior art under 35 U.S.C. § 102(f) shall be identified by providing the
`
`nameof the person(s) from whom andthe circumstances under whichthe invention
`
`or any part of it was derived. For pre-AIA claims, prior art under 35 U.S.C. § 102(g)
`
`shall be identified by providing the identities of the person(s) or entities involved
`
`in and the circumstances surrounding the makingof the invention before the patent
`
`applicant(s);
`
`(b)
`
`Whether each item of prior art anticipates each asserted claim or
`
`renders it obvious. If obviousness is alleged, an explanation of why the priorart
`
`renders the asserted claim obvious, including an identification of any combinations
`
`of prior art showing obviousness;
`
`(c)
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`A chart identifying specifically where and how in each alleged item
`
`of prior art each limitation of each asserted claim is found, including for each
`
`limitation that such party contends is governed by 35 U.S.C. § 112(f),the identity
`
`of the structure(s), act(s), or material(s) in each item ofprior art that performs the
`
`claimed function; and
`
`(d)
`
`Any groundsofinvalidity based on 35 U.S.C. § 101, indefiniteness
`
`under 35 U.S.C. § 112(b), or lack of enablementor insufficient written description
`
`under 35 U.S.C. § 112(a) of any of the asserted claims.
`
`6.
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`Document Production Accompanying Invalidity Contentions. With the “Invalidity
`
`Contentions,” the party opposing a claim of patent infringement shall produce or make available
`
`for inspection and copying:
`
`(a)
`
`Source code, specifications, schematics,
`
`flow charts, artwork,
`
`formulas, or other documentation sufficient to show the operation of any aspects or
`
`

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`elements of an Accused Instrumentality identified by the patent claimantin its chart
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`produced pursuantto paragraph 3(c) of this Order;
`
`(b)
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`A copy or sample ofthe prior art identified pursuant to paragraph
`
`5(a) that does not appear in the file history of the patent(s) at issue. To the extent
`
`any such item is not in English, an English translation of the portion(s) relied upon
`
`shall be produced;
`
`(c)
`
`All agreements that the party opposing infringement contends are
`
`comparable to a license that would result from a hypothetical reasonable royalty
`
`negotiation;
`
`(d)
`
`Documents sufficient to show the sales, revenue, cost, and profits
`
`for Accused Instrumentalities identified pursuant to paragraph 3(b) of this Order
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`for any period ofalleged infringement; and
`
`(e)
`
`All agreements that may be used to support the damagescase of the
`
`party that is denying infringement.
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`The producing party shall separately identify by production number the documents that
`
`correspond to each category set forth in this paragraph.
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`7.
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`Amendment to Contentions. Amendment of the Infringement Contentions or the
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`Invalidity Contentions may be made only by order of the Court upon a timely showing of good
`
`cause. Non-exhaustive examples of circumstances that may, absent undue prejudice to the
`
`nonmoving party, support a finding of good cause include (a) recent discovery of material prior
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`art despite earlier diligent search and (b) recent discovery of nonpublic information about the
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`Accused Instrumentality which was not discovered, despite diligent efforts, before the service of
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`

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`the Infringement Contentions. The duty to supplement discovery responses does not excuse the
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`need to obtain leave of the Court to amend contentions.
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`8.
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`Joinder of Other Parties and Amendment of Pleadings. All motions to join other
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`parties, and to amend or supplementthe pleadings,shall be filed on or before August 14, 2020.
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`9.
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`Discovery.
`
`(a)
`
`Discovery Cut Off. All discovery in this case shall be initiated so thatit
`
`will be completed on or before December4, 2020.
`
`(b)
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`Document Production. Document production shall be substantially
`
`completed on or before August 28, 2020.
`
`(c)
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`Requests for Admission. A maximum of 40 requests for admission re
`
`permitted for each side. Documents produced by a party are presumptively
`
`authentic under Federal Rule of Evidence 901, and no evidence ofauthenticity of
`
`such documents need be submitted at trial by a non-producing party unless the
`
`producing party has good causeto dispute the authenticity of any such document.
`
`(d)
`
`Interrogatories. A maximum of25 interrogatories, including contention
`
`interrogatories, are permitted for eachside.
`
`(e)
`
` Depositions.
`
`i.
`
`Limitation on Hours for Deposition Discovery.
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`Each side
`
`is limited to a total of 70 hours of taking testimony by deposition upon oral
`
`examination, not
`
`including expert depositions. With respect
`
`to any
`
`depositions conducted in a language other than English or that are
`
`conducted in the English language only through the use of a linguist or
`
`translator, the party taking the deposition shall have up to 50% more time
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`

`

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`to account forthe time for translation; i.e., up to 10.5 hours rather than the
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`7-hour limit under Federal Rule of Civil Procedure 30(d)(1). The time
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`devoted to such depositions shall count toward the total deposition limit in
`
`a ratio of 1.5 to 1; i-e., a 10.5 hour deposition conducted in a language other
`
`than English or through use of a translator shall count as 7 hours towards
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`the total deposition limit.
`
`ii.
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`Location of Depositions. Witnesses shall be deposed at a
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`location convenient to the witness or agreed to by the parties.
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`10.
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`Pinpoint Citations. Pinpointcitations are required in all briefing, letters, and concise
`
`statements of facts. The Court will ignore any assertions of controverted facts and controverted
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`legal principles not supported by a pinpoint citation to, as applicable: the record, an attachmentor
`
`exhibit, and/or case law or appropriate legal authority. See United States v. Dunkel, 927 F.2d 955,
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`956 (“Judgesare notlike pigs, hunting for truffles buried in briefs.”).
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`11.
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`Application to Court for Protective Order. Should counsel find it will be necessary
`
`to apply to the Court for a protective order specifying terms and conditions for the disclosure of
`
`confidential information, counsel should confer and attempt to reach an agreement on a proposed
`
`form of order and submit it to the Court within ten days from the date of this Order.
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`Anyproposed protective order must include the following paragraph:
`
`Other Proceedings. By entering this Order and limiting the
`disclosure of information in this case, the Court does not intend to
`preclude another court from finding that
`information may be
`relevant and subject to disclosure in another case. Any person or
`party subject to this Order who becomes subject to a motion to
`disclose another party’s information designated as confidential
`pursuant to this Order shall promptly notify that party of the motion
`so that the party may have an opportunity to appear and be heard on
`whether that information should be disclosed.
`
`

`

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`12.
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`Disputes Relating to Discovery Matters and Protective Orders. Should counselfi
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`
`
`
`
`
`
`
`they are unable to resolve a dispute relating to a discovery matter or protective order, the
`
`pArties
`
`shall contact the Court’s Case Managerto schedule an in-person conference/argument.
`
`
`
`(a) Unless otherwise ordered, by no later than 72 hours prior{6the
`
`conference/argument, the party seeking relief shall file with the Court a
`
`
`Jétter, not
`
`to exceed three pages, outlining the issues in dispute and the party’# position on
`
`those issues. The party shall submit as attachments to its letter (1)’an averment of
`
`counselthat the parties made a reasonableeffort to resolve the dispute and that such
`
`effort included oral communication that involved Delawarg counselfor the parties,
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`and (2) a draft order for the Court’s signature that igéntifies with specificity the
`
`
`
`relief sought by the party. The party shallfile congurrently with its letter a motion
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`that in no more than one paragraphsets forth
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`t¥e relief sought.
`
`(b)
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`By no later than 48 hours
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`frior to the conference/argument, any
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`party opposing the application for relief mayfile a letter, not to exceed three pages,
`
`outlining that party’s reasons forits opposition.
`
`
`
`of the parties’ letters and attachments must be
`
`provided to the Court withixf one hourofe-filing the document(s). The hard copies
`
`shall comply with paragraphs 10 and 14 of this Order.
`
`(d)
`
`If a
`
`hotion concerning a discovery matter or protective orderis filed
`
`without leave
`
`6f the Court that does not comport with the procedures set forth in
`
`this paragfaph, the motion will be denied without prejudice to the moving party’s
`
`right/to bring the dispute to the Court through the procedures set forth in this
`
`faragraph.
`
`
`YALL suck wolf
`
`ory ate referred To Magistrate Judpe Fallen,
`
`10
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`

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`13.
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`Papers Filed Under Seal. Whenfiling papers underseal, counsel shall deliver to the
`
`Clerk an original and two copies of the papers. A redacted version of any sealed documentshall
`
`be filed electronically within seven daysofthe filing of the sealed document.
`14.|Hard Copies. The parties shall provide to the Court two hard copiesofall letters
`
`filed pursuant to paragraph 12 of this Order, all briefs, and any other documentfiled in support of
`
`any suchletters and briefs (i.e., the concise statement of facts filed pursuant to paragraph 19 of
`
`this Order, appendices, exhibits, declarations, affidavits, etc.). This provision also applies to papers
`
`filed under seal. Exhibits and attachments shall be separated by tabs. Each exhibit and attachment
`
`shall have page numbers of somesort suchthat a particular page of an exhibit or attachment can
`
`be identified by a page number. Theparties shall take all practical measuresto avoidfiling multiple
`
`copies of the same exhibit or attachment. The parties should highlight the text of exhibits and
`
`attachments they wish the Court to read. The parties are encouraged to include in an exhibit or
`
`attachmentonly the pages ofthe documentin questionthat(1) identify the document(e.g., the first
`
`page of a deposition transcript or the cover page of a request for discovery) and (2) are relevant to
`
`the issue(s) before the Court.
`
`15.
`
`Claim Construction Issue Identification. On or before June 3, 2020 theparties shall
`
`exchange a list of those claim term(s)/phrase(s) that they believe need construction and their
`
`proposed claim construction of those term(s)/phrase(s). This documentwill not be filed with the
`
`Court. Subsequent to exchanging thatlist, the parties will meet and confer to prepare a Joint Claim
`
`Construction Chart to be filed no later than June 24, 2020. The Joint Claim Construction Chart, in
`
`Wordformat, shall be e-mailed simultaneously with filing to cfc_civil@ded.uscourts.gov. The text
`
`for the Joint Claim Construction Chart shall be 14-point and in Times New Roman ora similar
`
`typeface. The parties’ Joint Claim Construction Chart should identify for the Court
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`the
`
`11
`
`

`

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`term(s)/phrase(s) of the claim(s) in issue and should include each party’s proposed construction of
`
`the disputed claim language with citation(s) only to the intrinsic evidence in support of their
`
`respective proposed constructions. A separate text searchable PDFofeach of the patent(s) in issue
`
`shall be submitted with this Joint Claim Construction Chart. In this joint submission, the parties
`
`shall not provide argument. Each party shall file concurrently with the Joint Claim Construction
`
`Chart a “Motion for Claim Construction” that requests the Court to adopt the claim construction
`
`position(s) of that party set forth in the Joint Claim Construction Chart. The motion shall not
`
`contain any argumentand shall simply state that the party “requests that the Court adopt the claim
`
`construction position[s] of [the party] set forth in the Joint Claim Construction Chart (D.L. [ ]).”
`
`16.
`
`Claim Construction Briefing. The Plaintiff shall serve, but notfile, its openingbrief,
`
`not to exceed 5,500 words, on July 15, 2020. The Defendantshall serve, butnotfile, its answering
`
`brief, not to exceed 8,250 words, on August 5, 2020. The Plaintiff shall serve, but notfile, its reply
`
`brief, not to exceed 5,500 words, on August 19, 2020. The Defendant shall serve, but notfile, its
`
`sur-reply brief, not to exceed 2,750 words, on September 2, 2020. The text for each brief shall be
`
`14-point and in Times New Romanorasimilar typeface. Each brief must includeacertification
`
`by counselthat the brief complies with the type and numberlimitations set forth above. The person
`
`whopreparesthecertification may rely on the word count of the word-processing system used to
`
`prepare the brief.
`
`Nolater than September 16, 2020 the parties shall file a Joint Claim Construction
`
`Brief. The parties shall copy and paste their untitled briefs into one brief, with their positions on
`
`each claim term in sequential order, in substantially the form below.
`
`JOINT CLAIM CONSTRUCTION BRIEF
`
`I. Agreed-upon Constructions
`
`12
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`

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`I. Disputed Constructions
`
`A. [TERM 1]
`
`1.
`
`2.
`
`3.
`
`4.
`
`Plaintiff's Opening Position
`
`Defendant’s Answering Position
`
`Plaintiff's Reply Position
`
`Defendant’s Sur-Reply Position
`
`B. [TERM 2]
`
`1.
`
`2.
`
`3.
`
`4.
`
`Plaintiff's Opening Position
`
`Defendant’s Answering Position
`
`Plaintiff's Reply Position
`
`Defendant’s Sur-Reply Position
`
`Etc. The parties need not include any general summaries of the law relating to claim construction.
`
`If there are any materials that would be submitted in an appendix, the parties shall submit them in
`
`a Joint Appendix.Citationsto intrinsic evidence shall be set forth in the Joint Claim Construction
`
`Brief. Citations to expert declarations and other extrinsic evidence may be made in the Joint Claim
`
`Construction Brief as the parties deem necessary, but the Court will review such extrinsic evidence
`
`only if the Court is unable to construe the disputed claim terms based onthe intrinsic evidence.
`
`See Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1584 (Fed. Cir. 1996). Declarations shal]
`
`not contain legal argumentor be used to circumventthe briefing word limitations imposed by this
`
`paragraph. The Joint Claim Construction Brief and Joint Appendix shall comply with paragraphs
`
`10 and 14 of this Order.
`
`Notes 18,
`Hearing on Claim Construction. Beginning at 798gen. on Qeteber, 2020, the
`
`17.
`
`Court will hear argument on claim construction. Absent prior approval of the Court (which,ifit is
`
`13
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`

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`sought, must be done byjoint letter submission no later than the date on which answering claim
`
`construction briefs are due to be served), the parties shall not present testimony at the argument,
`
`and the argument shall not exceedatotal of three hours.
`
`18.
`
`Disclosure of Expert Testimony.
`
`(a)
`
`Expert Reports. For the party with the initial burden of proof on the
`
`subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimonyis
`
`due on or before January 29, 2021. The supplemental disclosure to contradict or
`
`rebut evidence on the same matter identified by another party is due on or before
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`March5, 2021. Reply expert reports from the party with the initial burden of proof
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`are due on or before March 26, 2021. No other expert reports will be permitted
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`without either the consent of all parties or leave of the Court. Along with the
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`submissions of the expert reports, the parties shall provide the dates and times of
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`their experts’ availability for deposition. Depositions of experts shall be completed
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`on or before April 23, 2021.
`
`(b)
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`Objections to Expert Testimony. To the extent any objection to
`
`expert testimony is made pursuant to the principles announced in Daubert v.
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`Merreli Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in
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`Federal Rule of Evidence 702,it shall be made by motion nolater than the deadline
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`for dispositive motions set forth herein, unless otherwise ordered by the Court.
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`19.
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`Case Dispositive Motions.
`
`(a)
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`No early motions without leave. All case dispositive motions, an
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`openingbrief, and affidavits, if any, in support of the motion shall be served and
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`filed on or before May 21 , 2021. No case dispositive motion under Rule 56 may be
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`filed more than ten days before the above date without leave of the Court.
`
`(b)
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`Motionsto be Filed Separately. A party shall not combine multiple ©
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`motions seeking separate and distinctrelief into a single motion.
`
`(c)
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`Wordlimits combined with Daubert motion word limits. Each party
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`is permitted to file as many case dispositive motionsas desired; provided, however,
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`that each SIDE will be limited to a combinedtotal of 10,000 wordsforall opening
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`briefs, a combined total of 10,000 wordsfor all answering briefs, and a combined
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`total of 5,000 words for all reply briefs regardless of the numberof case dispositive
`
`motionsthat are filed. In the event that a party files, in addition to a case dispositive
`
`motion, a Daubert motion to exclude or preclude all or any portion of an expert’s
`
`testimony, the total amount of words permittedfor all case dispositive and Daubert
`
`motions shall be increased for each SIDE to 12,500 words for all opening briefs,
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`12,500 words for all answering briefs, and 6,250 wordsforall reply briefs. The text
`for each brief shall be 14- point and in Times New Romanora similar typeface.
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`Each brief must includea certification by counsel that the brief complies with the
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`type and number limitations set forth above. The person who prepares the
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`certification may rely on the word count of the word-processing system used to
`
`preparethe brief.
`
`(d)
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`Concise Statement of Facts Requirement. Any motion for summary
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`judgment shall be accompanied by a separate concise statement detailing each
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`material fact as to which the moving party contendsthat there are no genuine issues
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`to be tried that are essential! for the Court’s determination ofthe summary judgment
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`motion (notthe entire case).! Any party who opposesthe motion shall file and serve
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`with its opposing papers a separate documentcontaining a single concise statement
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`that admits or disputes the facts set forth in the moving party’s concise statement,
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`as well as sets forth all material facts as to which it is contended there exists a
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`genuineissue necessary to be litigated.
`
`(e)
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`Focus of the Concise Statement. When preparing the separate
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`concise statement, a party shall reference only the material facts that are absolutely
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`necessary for the Court to determine the limited issues presented in the motion for
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`summary judgment (and no others), and each reference shall containacitation to a
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`particular affidavit, deposition, or other document that supports the party’s
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`interpretation of the material fact. Documents referenced in the concise statement
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`may, but need not, be filed in their entirety if a party concludes that the full context
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`would be helpful to the Court (e.g., a deposition miniscript with an index stating
`
`what pages may contain key words may often be useful). The concise statement
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`shall particularly identify the page and portion of the page of the document
`
`referenced. The documentreferred to shall have relevant portions highlighted or
`
`otherwise emphasized. The parties may extract and highlight the relevant portions
`
`of each referenced document, but they shall ensure that enough of a documentis
`
`attached to put the matter in context. If a party determines that an entire deposition
`
`transcript should be submitted, the party should consider whether a miniscript
`
`' A party does not satisfy the requirements of this paragraph by stating that an accused
`instrumentality infringes an asserted claim or asserted claim limitation. The party must detail each
`material fact in its concise statement of facts. The concise statements of facts play an important
`gatekeeping role in the Court’s consideration of summary judgment motions.
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`would be preferable to a full-size transcript. If an entire miniscript is submitted, the
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`index of terms appearing in the transcript must be included, if it exists. When
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`multiple pages from a single document are submitted, the pages shall be grouped
`
`in a single exhibit. Concise statements offact shall comply with paragraphs 10 and
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`14 of this Order.
`
`(f)
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`Word Limits for Concise Statement. The concise statement in
`
`support of or in opposition to a motion for summary judgmentshall be no longer
`
`than 1,750 words. The text for each statement shall be 14-point and in Times New
`
`Romanora similar typeface. Each statement must includea certification by counsel
`
`that the statement complies with the type and numberlimitations set forth above.
`
`The person whopreparesthe certification may rely on the word count of the word-
`
`processing system used to prepare the statement.
`
`(g)
`
`Affidavits and declarations. Affidavits or declarations setting forth
`
`facts and/or authenticating exhibits, as well as exhibits themselves,shall be attached
`
`only to the concise statement(i.e., not briefs).
`
`(h)
`
`Scope of Judicial Review. When resolving motions for summary
`
`judgment, the Court shall have no independent duty to search and consider any part
`
`of the record not otherwise referenced in the separate concise statements of the
`
`parties. Further, the Court shall have no independentduty to review exhibits in their
`
`entirety, but rather will review only those portions of the exhibits specifically
`
`identified in the concise statements. Material facts set forth in the moving party’s
`
`concise statement will be deemed admitted unless controverted by a separate
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`concise statement of the opposing party.
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`20.
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`Applications by Motion. Except as otherwise specified herein, any application to
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`the Court shall be by written motion. Any non-dispositive motion should contain the statement
`
`required by Local Rule 7.1.1.
`21.
`Pretrial Conference. On September 4, 2021, the Court will hold a Rule 16(e)final
`pretrial conference in court with counsel beginning at 4ham. The parties shall file a joint
`
`proposedfinal pretrial order in compliance with Local Rule 16.3(c) no later than $:00-pemncmeatae
`Augth 19,20
` nless otherwise ordered by the
`
`Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the
`
`preparation of the proposed jointfinal pretrial order. The joint pretrial order shall comply with
`
`paragraphs 10 and 14 ofthis Order.
`
`22.
`
`Motions in Limine. Motions in limine shall not be separately filed. All in limine
`
`requests and responsesthereto shall be set forth in the proposedpretrial order. Each p