Case 1:20-cv-01644-RGA-JLH Document 15 Filed 03/31/21 Page 1 of 18 PageID #: 2187
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 20-1644-RGA-JLH
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`JURY TRIAL DEMANDED
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`
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`RAVGEN, INC.,
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`Plaintiff,
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`v.
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`ILLUMINA, INC. and VERINATA HEALTH,
`INC.,
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`Defendants.
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`
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`JOINT PROPOSED SCHEDULING ORDER
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`This ___ day of _________________, 20___, the Court having conducted an initial
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`scheduling conference pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16.1(b),
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`and the parties having determined after discussion that these matters, as well as the co-pending
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`matters Ravgen, Inc. v. Ariosa Diagnostics, Inc., et al. (C.A. No. 20-1646-RGA-JLH); Ravgen,
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`Inc. v. Myriad Genetics, Inc., et al. (C.A. No. 20-1730-RGA-JLH); and Ravgen, Inc. v. Progenity,
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`Inc. (C.A. No. 20-1734-RGA-JLH) (collectively with the above-captioned matter, the
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`“Litigations”), cannot be resolved at this juncture by settlement, voluntary mediation, or binding
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`arbitration;
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`IT IS HEREBY ORDERED that:
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`1.
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`Rule 26(a)(l) Initial Disclosures and E-Discovery Default Standard. Unless
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`otherwise agreed to by the parties, the parties shall make their initial disclosures pursuant to
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`Federal Rule of Civil Procedure 26(a)(l) on April 30, 2021. If they have not already done so, the
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`parties are to review the Court’s Default Standard for Discovery, Including Discovery of
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`Electronically
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`Stored
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`Information
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`(‘‘ESI”),
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`which
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`is
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`posted
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`at
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`https://www.ded.uscourts.gov/default-standard-discovery and
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`is
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`incorporated herein by
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`reference.1
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`2.
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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 supplement the pleadings, shall be filed on or before July 26, 2022.
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`3.
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`Application to Court for Protective Order. Should counsel find it will be necessary
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`to apply to the Court for a protective order specifying terms and conditions for the disclosure of
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`confidential information, counsel should confer and attempt to reach an agreement on a proposed
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`form of order and submit it to the Court within 30 days from the date the Court enters this Order.
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`Should counsel be unable to reach an agreement on a proposed form of order, counsel must follow
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`the provisions of Paragraph 8(g) below.
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`Any proposed protective order must include the following paragraph:
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`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 “confidential” [the parties should list
`any other level of designation, such as “highly confidential,” which
`may be provided for in the protective order] 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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`4.
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`Papers and Proceedings Under Seal. In accordance with section G of the Revised
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`Administrative Procedures Governing Filing and Service by Electronic Means, a redacted version
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`of any sealed document shall be filed electronically within seven days of the filing of the sealed
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`document.
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`1 The parties shall also make their Initial Disclosures pursuant to Section 3 of the Court’s Default
`Standard Including Discovery of Electronically Stored Information (‘‘ESI”) on April 30, 2021.
`2
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`Should any party intend to request to seal or redact all or any portion of a transcript of a
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`court proceeding (including a teleconference), such party should expressly note that intent at the
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`start of the court proceeding. Should any party subsequently choose to make a request for sealing
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`or redaction, it must, promptly after the completion of the transcript, file with the Court a motion
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`for sealing/redaction, and include as attachments (1) a copy of the complete transcript highlighted
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`so the Court can easily identify and read the text proposed to be sealed/redacted, and (2) a copy of
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`the proposed redacted/sealed transcript. With their request, the party seeking redactions must
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`demonstrate why there is good cause for the redactions and why disclosures of the redacted
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`material would work a clearly defined and serious injury to the party seeking redaction.
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`5.
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`Courtesy Copies. The parties shall provide to the Court two courtesy copies of all
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`briefs and any other document filed in support of any briefs (i.e., appendices, exhibits, declarations,
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`affidavits etc.). This provision also applies to papers filed under seal. All courtesy copies shall be
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`double-sided.
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`6.
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`ADR Process. Having discussed the ADR process during the scheduling
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`conference, the Court will schedule a teleconference to discuss ADR with the parties during the
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`pendency of the case.
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`7.
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`Disclosures. Absent agreement among the parties, and approval of the Court:
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`(a)
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`By April 30, 2021, Plaintiff2 shall identify the accused product(s), including
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`accused methods and systems, and its damages model, as well as the asserted patent(s) that the
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`accused product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each
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`asserted patent.
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`2 For purposes of this Scheduling Order, Plaintiff and Defendant are defined as set forth in the
`Default Standard for Discovery, Including Discovery of Electronically Stored Information
`(“ESI”), 4.
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`3
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`(b)
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`By May 28, 2021, Defendants shall produce core technical documents
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`related to the accused product(s), sufficient to show how the accused product(s) work(s), including
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`but not limited to non-publicly available operation manuals, product literature, schematics, and
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`specifications. Defendants shall also produce sales figures for the accused product(s).
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`(c)
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`By July 9, 2021, Plaintiff shall produce an initial claim chart relating each
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`known accused product to the asserted claims each such product allegedly infringes.
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`(d)
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`By August 20, 2021, Defendants shall produce its initial invalidity
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`contentions for each asserted claim, as well as the known related invalidating references. The
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`parties shall meet and confer and submit a proposal to the Court regarding narrowing the asserted
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`claims and prior art after both parties have served their initial patent disclosures in this Paragraph
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`7 and prior to the date the parties exchange proposed claim terms for construction.
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`(e)
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`By the later of June 30, 2022, or 21 days following issuance of the claim
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`construction order, Plaintiff shall provide final infringement contentions.
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`(f)
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`By the later of July 21, 2022, or 42 days following issuance of the claim
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`construction order, Defendants shall provide final invalidity contentions.
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`8.
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`Discovery. Unless otherwise ordered by the Court or agreed to by the parties, the
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`limitations on discovery set forth in the Federal Rules and Local Rule 26.1 shall be observed.
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`(a)
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`Discovery Cut Off. All fact discovery in this action shall be initiated so that
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`it will be completed on or before August 16, 2022. All expert discovery in this action shall be
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`initiated so that it will be completed on or before February 9, 2023.
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`(b)
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`Document Production. Document production shall be substantially
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`complete by February 15, 2022, for requests for production served by November 5, 2021.
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`(c)
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`Requests for Admission. A maximum of 50 requests for admission are
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`permitted for each side. Requests for admission solely for the purposes of authenticating a
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`document or establishing that a document falls within a hearsay exclusion or exception shall not
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`count towards the limit
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`(d)
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`Interrogatories.
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`i.
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`Defendants are permitted a maximum of 20 common interrogatories
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`plus 5 individual interrogatories per Defendant, including contention interrogatories. Plaintiff is
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`permitted a maximum of 20 common interrogatories plus 5 individual interrogatories per
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`Defendant, including contention interrogatories. Each side shall not exceed 30 total
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`interrogatories. Each party must answer each common interrogatory served by an opposing side.
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`ii.
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`The Court encourages the parties to serve and respond to contention
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`interrogatories early in the case. In the absence of agreement among the parties, contention
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`interrogatories, if filed, shall first be addressed by the party with the burden of proof. The adequacy
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`of all interrogatory answers shall be judged by the level of detail each party provides (i.e., the more
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`detail a party provides, the more detail a party shall receive).
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`(e)
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`Depositions.
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`i.
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`[PLAINTIFF PROPOSES: Plaintiff is limited to a total of 70
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`hours of deposition testimony from Defendants. Defendants are limited to no more than 40 hours
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`of deposition testimony from Plaintiff. Each side is limited to a total of 30 hours of deposition
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`testimony from third parties. Each deposition is limited to no more than 7 hours, except that the
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`deposition of Dr. Ravinder Dhallan shall be no more than 14 hours total, including deposition in
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`his personal capacity and/or pursuant to Fed. R. Civ. P. 30(b)(6). For depositions taken pursuant
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`to Fed. R. Civ. P. 30(b)(6), the 7-hour limit applies per each individual witness designated to
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`testify. Expert depositions shall not count towards the foregoing hour limits. Defendants in the
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`Litigations shall coordinate to conduct one deposition of each of Plaintiff’s witnesses in one
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`location.] [DEFENDANTS PROPOSE: The parties in the Litigations agree to meet and confer
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`on limits for deposition discovery, including locations for depositions, and submit an Amended
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`Scheduling Order proposing such limitations by no later than April 15, 2022.]
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`i.
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`Location of Depositions. A deposition will take place either where
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`the deponent resides or in a location (including remotely by videoconference means) to which the
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`parties otherwise mutually agree.
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`(f)
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`Disclosure of Expert Testimony.
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`i.
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`Expert Reports. For the party who has the initial burden of proof on
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`the subject matter, the initial Federal Rule 26(a)(2) disclosure of expert testimony is due on or
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`before October 3, 2022. The supplemental disclosure to contradict or rebut evidence on the same
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`matter identified by another party is due on or before November 17, 2022. Reply expert reports
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`from the party with the initial burden of proof are due on or before December 15, 2022. No other
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`expert reports will be permitted without either the consent of all parties or leave of the Court.
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`Along with the submissions of the expert reports, the parties shall advise of the dates and times of
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`their experts’ availability for deposition.
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`ii.
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`Expert Report Supplementation. The parties agree they will not
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`permit expert declarations to be filed in connection with dispositive motions briefing unless by
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`order of the Court for good cause shown.
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`iii.
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`Objections to Expert Testimony. To the extent any objection to
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`expert testimony is made pursuant to the principles announced in Daubert v. Merrell Dow
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`Pharmaceuticals, Inc., 509 U.S. 579 (1993), as incorporated in Federal Rule of Evidence 702, it
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`shall be made by motion no later than the deadline for dispositive motions set forth herein, unless
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`otherwise ordered by the Court. Briefing on such motions is subject to the page limits set out in
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`connection with briefing of case dispositive motions.
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`(g)
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`Discovery Matters and Disputes Relating to Protective Orders.
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`i.
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`Any discovery motion filed without first complying with the
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`following procedures will be denied without prejudice to renew pursuant to these procedures.
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`ii.
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`Should counsel find, after good faith efforts - including verbal
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`communication among Delaware and Lead Counsel for all parties to the dispute - that they are
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`unable to resolve a discovery matter or a dispute regarding a protective order, the moving party
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`(i.e., the party seeking relief from the Court) should file a “Motion for Teleconference To Resolve
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`[Discovery/Protective Order] Disputes.” The suggested text for this motion can be found in
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`Magistrate Judge Hall’s section of the Court’s website, in the “Forms” tab.
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`iii.
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`The Court will thereafter order a discovery telephone conference
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`and deadlines for submissions. On the date set by court order, generally not less than seventy-two
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`hours prior to the conference (excluding weekends and holidays), the party seeking relief shall file
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`with the Court a letter, not to exceed three pages, outlining the issues in dispute and its position on
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`those issues. This submission shall include: (1) a proposed order, attached as an exhibit, setting
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`out the nature of the relief requested; and (2) to the extent that the dispute relates to responses to
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`certain discovery requests, an attached exhibit (or exhibits) containing the requests and the
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`responses in dispute. On the date set by court order, generally not less than forty-eight hours prior
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`to the conference (excluding weekends and holidays), any party opposing the application for relief
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`may file a letter, not to exceed three pages, outlining that party’s reasons for its opposition.
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`iv.
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`Each party shall submit two courtesy copies of its letter and any
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`other document filed in support to the Clerk’s Office within one hour of e-filing. All courtesy
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`copies shall be double-sided.
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`v.
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`Should the Court find further briefing necessary upon conclusion of
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`the conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute
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`prior to the conference and cancel the conference.
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`9.
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`Motions to Amend / Motions to Strike.
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`(a)
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`Any motion to amend (including a motion for leave to amend) a pleading
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`or any motion to strike any pleading shall be made pursuant to the discovery dispute procedure set
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`forth in Paragraph 8(g), above.
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`(b)
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`Any motion to amend shall attach the proposed amended pleading as well
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`as a “blackline” comparison to the prior pleading. Any motion to strike shall attach the document
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`sought to be stricken.
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`10.
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`Technology Tutorials. Although technology tutorials are not required by the Court,
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`they are appreciated and, if any party chooses to file such a tutorial, it shall be submitted on or
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`before the date that the Joint Claim Construction Brief is filed.
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`11.
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`Claim Construction Issue Identification. On September 1, 2021, the parties in Case
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`Nos. 20-cv-01730, 20-cv-01734, 20-cv-01644, and 20-cv-01646 shall exchange a list of those
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`claim term(s)/phrase(s) that they believe need construction. On October 1, 2021, the parties in
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`each of said cases shall exchange their proposed claim construction of those term(s)/phrase(s).
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`This document will not be filed with the Court. Subsequent to exchanging that list, the parties in
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`each of said cases will meet and confer to prepare a Joint Claim Construction Chart to be filed five
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`weeks prior to service of the opening claim construction brief. The parties’ Joint Claim
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`Construction Charts should identify for the Court the term(s)/phrase(s) of the claim(s) in issue, and
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`should include each party’s proposed construction of the disputed claim language with citation(s)
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`only to the intrinsic evidence in support of their respective proposed constructions. A copy of the
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`patent(s) in issue as well as those portions of the intrinsic record relied upon shall be submitted
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`with these Joint Claim Construction Charts. In these joint submissions, the parties shall not provide
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`argument.
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`12.
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`Claim Construction Briefing.3 The Plaintiff shall serve, but not file, its opening
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`brief on December 3, 2021. The Defendants shall serve, but not file, their answering brief(s) on
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`January 14, 2022. The Plaintiff shall serve, but not file, its reply brief on February 4, 2022. The
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`Defendants shall serve, but not file, their sur-reply brief(s) on February 25, 2022. No later than
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`March 3, 2022, the parties shall file a Joint Claim Construction Brief. The parties shall copy and
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`paste their unfiled briefs into one brief, with their positions on each claim term in sequential order,
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`in substantially the form below.
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`JOINT CLAIM CONSTRUCTION BRIEF
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`I.
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`II.
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`Agreed-Upon Constructions
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`Disputed Constructions
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`[TERM 1]
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`1.
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`2.
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`Plaintiff’s Opening Position
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`Defendants’ Answering Position
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`3 [PLAINTIFF PROPOSES: Plaintiff’s opening brief shall not exceed 20 pages, and Plaintiff’s
`reply brief shall not exceed 20 pages. Defendants shall coordinate and serve one consolidated
`answering brief, not to exceed 30 pages, and one consolidated sur-reply brief, not to exceed 10
`pages.] [DEFENDANTS PROPOSE: Following submission of the Joint Claim Construction
`Charts to the Court, all parties in Case Nos. 20-cv-01730, 20-cv-01734, 20-cv-01644, and 20-cv-
`01646 shall meet and confer to determine claim construction briefing structure and limitations,
`and the parties shall submit that proposal to the Court for its approval.]
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`3.
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`4.
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`Plaintiff’s Reply Position
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`Defendants’ Sur-Reply Position
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`[TERM 2]
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`1.
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`2.
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`3.
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`4.
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`Plaintiff’s Opening Position
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`Defendants’ Answering Position
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`Plaintiff’s Reply Position
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`Defendants’ Sur-Reply Position
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`The parties need not include any general summaries of the law relating to claim construction. If
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`there are any materials that would be submitted in an index, the parties shall submit them in a Joint
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`Appendix.
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`13.
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`Hearing on Claim Construction. Beginning at _________ on April 5, 2022, the
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`Court will hear argument on claim construction. The parties need not include any general
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`summaries of the law relating to claim construction in their presentations to the Court. The parties
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`shall notify the Court, by joint letter submission, no later than the date on which their joint claim
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`construction brief is filed (i) whether they request leave to present testimony at the hearing; and
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`(ii) the amount of time they are requesting be allocated to them for the hearing.
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`Provided that the parties comply with all portions of this Scheduling Order, and any other
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`orders of the Court, the parties should anticipate that the Court will issue its claim construction
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`order within sixty days of the conclusion of the claim construction hearing. If the Court is unable
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`to meet this goal, it will advise the parties no later than sixty days after the conclusion of the claim
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`construction hearing. Objections to the report and recommendation are due no later than 21 days
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`following its issuance.
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`No later than one month before the service of Opening Expert Reports, the parties shall
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`meet and confer and submit a proposal to the Court regarding further narrowing the asserted claims
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`and prior art.
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`14.
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`Supplementation. [PLAINTIFF PROPOSES: Absent agreement among the
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`parties, and approval of the Court, no later than 14 days following issuance of the claim
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`construction order, Plaintiff must finally supplement, inter alia, the identification of all accused
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`products, and Defendants must supplement, inter alia, the identification of all invalidity
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`references.] [DEFENDANTS PROPOSE: Absent agreement among the parties, and approval
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`of the Court, no later than the latter of June 30, 2022, or 21 days following issuance of the claim
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`construction order, Plaintiff must finally supplement, inter alia, the identification of all accused
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`products, and no later than the latter of July 21, 2022, or 42 days following issuance of the claim
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`construction order, Defendants must supplement, inter alia, the identification of all invalidity
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`references.]
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`15.
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`Interim Status Report. On March 15, 2022, counsel shall submit a joint letter to the
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`Court with an interim report on the nature of the matters in issue and the progress of discovery to
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`date. Thereafter, if the Court deems it necessary, it will schedule a status conference.
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`16.
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`Case Dispositive Motions.
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` (a) All case dispositive motions, an opening brief, and affidavits, if any, in support of
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`the motion shall be served and filed on or before March 9, 2023; answering briefs and affidavits,
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`if any, in opposition to such motions shall be served and filed on or before April 6, 2023; and
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`reply briefs in support of such motions shall be served and filed on or before April 20, 2023.
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`Briefing will be presented pursuant to the Court’s Local Rules. No case dispositive motion under
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`Rule 56 may be filed more than ten days before the above date without leave of the Court.
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`(b)
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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, not to exceed six pages, which
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`details each material fact that the moving party contends is essential for the Court’s resolution of
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`the summary judgment motion (not the entire case) and as to which the moving party contends
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`there is no genuine issue to be tried. Each fact shall be set forth in a separate numbered paragraph
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`and shall be supported by specific citation(s) to the record.
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`Any party opposing the motion shall include with its opposing papers a response to
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`the moving party’s concise statement, not to exceed six pages, which admits or disputes the facts
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`set forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent
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`a fact is disputed, the basis of the dispute shall be supported by specific citation(s) to the record.
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`Failure to respond to a fact presented in the moving party’s concise statement of facts shall indicate
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`that fact is not in dispute for purposes of summary judgment. The party opposing the motion may
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`also include with its opposing papers a separate concise statement, not to exceed four pages, which
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`sets forth material facts as to which the opposing party contends there is a genuine issue to be tried.
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`Each fact asserted by the opposing party shall also be set forth in a separate numbered paragraph
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`and shall be supported by specific citation(s) to the record.
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`(c)
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`The moving party shall include with its reply papers a response to the
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`opposing party’s concise statement of facts, not to exceed four pages, on a paragraph-by-paragraph
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`basis.
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`(d)
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`Page limits combined with Daubert motion page limits. PLAINTIFF
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`PROPOSES: Each party is permitted to file as many case dispositive motions as desired provided,
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`however, that Plaintiff and Defendants, combined across the Litigations, will be limited to a
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`combined total of 50 pages for all opening briefs, a combined total of 50 pages for all answering
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`
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`briefs, and a combined total of 25 pages for all reply briefs. In the event that a party files, in
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`addition to a case dispositive motion, a Daubert motion to exclude or preclude all or any portion
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`of an expert’s testimony, the total amount of pages permitted for all case dispositive and Daubert
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`motions shall be increased to 60 pages for all opening briefs, 60 pages for all answering briefs, and
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`30 pages for all reply briefs for Plaintiff and for Defendants, combined across the Litigations.]
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`[DEFENDANTS PROPOSE: Each party is permitted to file as many case dispositive motions
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`as desired provided, however, that each side will be limited to a combined total of 40 pages for all
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`opening briefs, a combined total of 40 pages for all answering briefs, and a combined total of 20
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`pages for all reply briefs. In the event that a party files, in addition to a case dispositive motion, a
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`Daubert motion to exclude or preclude all or any portion of an expert’s testimony, the total amount
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`of pages permitted for all case dispositive and Daubert motions shall be increased to 50 pages for
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`all opening briefs, 50 pages for all answering briefs, and 25 pages for all reply briefs for each
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`side.]4 5,6
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`(e)
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`Hearing. The Court will hear argument on all pending case dispositive and
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`4 The parties must work together to ensure that [PLAINTIFF PROPOSES: the Court receives
`no more than a total of 300 pages combined across all above-captioned actions (i.e., 60 + 60 + 30
`on Plaintiff’s motions, and 60 + 60 + 30 on Defendants’ motions] [DEFENDANTS PROPOSE:
`the Court receives no more than a total of 250 pages (i.e., 50 + 50 + 25 regarding one side’s
`motions, and 50 + 50 + 25 regarding the other side’s motions)] of briefing on all case dispositive
`motions and Daubert motions that are covered by this scheduling order.
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`5 [DEFENDANTS PROPOSE: At least one month prior to the deadline for filing opening
`dispositive motion briefs, the parties shall attend a status conference with the Court to inform the
`Court of any dispositive motion(s) any party plans to file and to discuss the overlap, if any, with
`any dispositive motion expected in any other action filed by Plaintiff in this District that is still
`pending.]
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`6 The Defendants expressly reserve their rights to seek leave of Court to expand dispositive motion
`and Daubert briefing limitations in view of the asserted claims at that time.
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`Daubert motions on May ___, 2023 beginning at ____________. Unless otherwise ordered by the
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`Court, each side will be allocated a total of forty-five minutes to present its argument on all pending
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`motions. Objections to the report and recommendation are due no later than 21 days following its
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`issuance.
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`(f)
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`Trial Date Scheduling Conference. On March 2, 2023, the Court will hold
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`a scheduling conference with the parties and the Court will determine the order in which each of
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`Case Nos. 20-cv-01730, 20-cv-01734, 20-cv-01644, and 20-cv-01646 will respectively proceed to
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`trial and set the dates on which each trial will be conducted.
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`17.
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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
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`required by Local Rule 7.1.1.
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`18.
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`Pretrial Conference. On August 11, 2023, the Court will hold a Rule 16(e) final
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`pretrial conference in Court with counsel beginning at _____ a.m. The parties shall file a joint
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`proposed final pretrial order in compliance with Local Rule 16.3(c) no later than 5 p.m. on the
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`fourth business day before the date of the final pretrial conference. Unless otherwise ordered by
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`the Court, the parties shall comply with the timeframes set forth in Local Rule 16.3(d) for the
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`preparation of the proposed joint final pretrial order.
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`19. Motions in Limine. Motions in limine shall be separately filed, with each motion
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`containing all the argument described below in one filing for each motion. Any supporting
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`documents in connection with a motion in limine shall be filed in one filing separate from the
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`motion in limine. Each side shall be limited to three in limine requests, unless otherwise permitted
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`by the Court. The in limine request and any response shall contain the authorities relied upon;
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`each in limine request may be supported by a maximum of three pages of argument and may be
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`opposed by a maximum of three pages of argument, and the party making the in limine request
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`may add a maximum of one additional page in reply in support of its request. If more than one
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`party is supporting or opposing an in limine request, such support or opposition shall be combined
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`in a single three page submission (and, if the moving party, a single one page reply). No separate
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`briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
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`20.
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`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried
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`to a jury, pursuant to Local Rules 47.1(a)(2) and 51.1, the parties should file (i) proposed voir dire,
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`(ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms no later
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`than 6 p.m. on the fourth business day before the date of the final pretrial conference. Areas of
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`dispute shall be identified as narrowly as possible and in a manner that makes it readily apparent
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`what the dispute is. The parties shall submit simultaneously with filing each of the foregoing four
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`documents in Word format to rga_civil@ded.uscourts.gov.
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`21.
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`Trial. These matters are scheduled for separate five (5) day7 jury trials, the first of
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`which will commence at 9:30 a.m. on a day on or after September 11, 2023, with the subsequent
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`trial days beginning at 9:30 a.m. Until the case is submitted to the jury for deliberations, the jury
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`will be excused each day at 5:00 p.m. The trial will be timed, as counsel will be allocated a total
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`number of hours in which to present their respective cases. Trial dates for the additional cases
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`initiated by Plaintiff will be set by the Court during the March 2, 2023 scheduling conference.
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`UNITED STATES MAGISTRATE JUDGE
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`7 Five days (i.e., about ten to thirteen hours per side) is the presumptive length of a patent jury
`trial. If the parties think it is obvious that this will not be enough, they may put in a different length
`and should be prepared to explain why at the Rule 16 conference. A final decision on the precise
`length of trial will not be made before the final pretrial conference.
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`15
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`
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`EVENT
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`DEADLINES
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`Protective Order
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`30 Days after Scheduling Order
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`Initial Disclosures under Fed. R. Civ. P. 26(a)(1)
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`Initial Disclosures under Delaware Default Standard,
`Section 3
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`Disclosure of Accused Products, Damages Model,
`Asserted Patents, and File Histories
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`Core Technical Document Production
`Initial Infringement Contentions
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`Initial Invalidity Contentions
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`Exchange List of Claim Terms
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`Exchange Proposed Claim Constructions
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`Joint Claim Construction Chart
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`Opening Claim Construction Brief (Plaintiff)
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`Answering Claim Construction Brief (Defendants)
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`Reply Claim Construction Brief (Plaintiff)
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`Substantial Completion of Document Production for
`Requests for Production served by November 5, 2021
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`Sur-Reply Claim Construction Brief (Defendants)
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`Joint Claim Construction Brief and Technology
`Tutorial Deadline
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`Claim Construction Hearing
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`4/30/2021
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`4/30/2021
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`4/30/2021
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`5/28/2021
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`7/9/21
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`8/20/2021
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`9/1/2021
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`10/1/2021
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`10/29/2021
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`12/3/2021
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`1/14/2022
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`2/4/2022
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`2/15/2022
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`2/25/2022
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`3/3/2022
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`4/5/2022
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`Deadline for Objections to Claim Construction Report
`and Recommendation
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`21 Days After Issuance of Report &
`Recommendation
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`Amended Scheduling Order with Proposed Revised
`Deposition Discovery Limits
`
`Supplemental Identification of All Accused Products
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`4/15/2022
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`[PLAINTIFF PROPOSES: No later
`than 14 days following issuance of the
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`
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`16
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`
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`EVENT
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`Supplemental Identification of All Invalidity
`References
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`Final Infringement