Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 1 of 18 PageID #: 1199
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`ORCA SECURITY LTD.,
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`Plaintiff,
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`v.
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`WIZ, INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 23-758 (JLH)
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`Defendant.
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`[PROPOSED] SCHEDULING ORDER
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`This _____ day of ____________, 2024, the Court having conducted an initial scheduling
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`conference pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16.l(b), and the
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`parties having determined after discussion that the matter cannot be resolved at this juncture by
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`settlement, voluntary mediation, or binding 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) within five days of the date the Court enters this Order.1
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`If they have not already done so, the parties are to review the Court’s Default Standard for
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`Discovery, Including Discovery of Electronically Stored Information (“ESI”), which is posted at
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`https://www.ded.uscourts.gov/default-standard-discovery and is incorporated herein by reference.
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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 [PLAINTIFF’S
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`The parties have proposed competing schedules for this event and each other underlined
`1
`event below. Each party’s respective proposal for these events is included in a chart at the end of
`this Order. Pursuant to D.I. 27, the parties’ positions regarding the disputed schedules are set forth
`in a joint letter filed contemporaneously with this [Proposed] Scheduling Order.
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`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 2 of 18 PageID #: 1200
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`PROPOSAL: November 22, 2024] [DEFENDANT’S PROPOSAL: March 31, 2025]. Such
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`motions must follow the provisions of Paragraphs 8(g) and 9.
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`3.
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`Application to Court for Protective Order. Should counsel find
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`it will be
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`necessary to apply to the Court for a protective order specifying terms and conditions for the
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`disclosure of confidential information, counsel should confer and attempt to reach an agreement
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`on a proposed form of order and submit it to the Court within ten days from the date the Court
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`enters this Order. Should counsel be unable to reach an agreement on a proposed form of order,
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`counsel must follow 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 designations, 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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`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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`2
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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 disclosure of the redacted material
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`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
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`be double-sided.
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`6.
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`ADR Process. Magistrate Judges will no longer engage in alternative dispute
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`resolution in patent cases. See District of Delaware Standing Order No. 2022-2, dated March 14,
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`2022.
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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 [PLAINTIFF’S PROPOSAL: March 8, 2024] [DEFENDANT’S
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`PROPOSAL: July 31, 2024], Plaintiff2 shall identify the accused product(s), including accused
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`methods and systems, and its damages model, as well as the asserted patent(s) that the accused
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`product(s) allegedly infringe(s). Plaintiff shall also produce the file history for each asserted patent.
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`(b)
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`By [PLAINTIFF’S PROPOSAL: April 5, 2024] [DEFENDANT’S
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`PROPOSAL: August 21, 2024], Defendant shall produce core technical documents related to the
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`accused product(s), sufficient to show how the accused product(s) work(s), including but not
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`limited to non-publicly available operation manuals, product literature, schematics, and
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`specifications. Defendant shall also produce sales figures for the accused product(s).
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`For purposes of this Scheduling Order, Plaintiff and Defendant are defined as set forth in
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`the Default Standard for Discovery, Including Discovery of Electronically Stored Information
`(“ESI”), ¶ 4.
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`3
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`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 4 of 18 PageID #: 1202
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`(c)
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`By [PLAINTIFF’S PROPOSAL: May 10, 2024] [DEFENDANT’S
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`PROPOSAL: September 12, 2024], 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 [PLAINTIFF’S PROPOSAL: June 7, 2024] [DEFENDANT’S
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`PROPOSAL: October 9, 2024], Defendant shall produce its initial invalidity contentions for each
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`asserted claim, as well as the known related invalidating references.
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`(e)
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`By 30 days after the Claim Construction Order, Plaintiff shall provide final
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`infringement contentions.
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`(f)
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`By 30 days after service of final infringement contentions, Defendant shall
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`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 case shall be initiated so that
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`it will be completed on or before [PLAINTIFF’S PROPOSAL: March 7, 2025]
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`[DEFENDANT’S PROPOSAL: July 9, 2025]. All expert discovery in this case shall be initiated
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`so that it will be completed on or before [PLAINTIFF’S PROPOSAL: May 30, 2025]
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`[DEFENDANT’S PROPOSAL: September 31, 2025].
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`(b)
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`Document Production. Document production shall be substantially
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`complete by [PLAINTIFF’S PROPOSAL: November 1, 2024]
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`[DEFENDANT’S
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`PROPOSAL: March 10, 2025].
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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, excluding document authenticating requests.
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`(d)
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`Interrogatories.
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`4
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`i.
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`A maximum of 25
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`interrogatories,
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`including contention
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`interrogatories, are permitted for each 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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`Limitation on Hours for Deposition Discovery. Each side is limited
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`to a total of 70 hours of taking testimony of fact witnesses by deposition upon oral examination.
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`If any deposition will require translation, the parties will meet and confer regarding how the
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`translated time should be counted.
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`ii.
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`Location of Depositions. Any party or representative (officer,
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`director, or managing agent) of a party filing a civil action in this Court must ordinarily be required,
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`upon request, to submit to a deposition at a place designated within this district. Exceptions to this
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`general rule may be made by order of the Court. A defendant who becomes a counterclaimant,
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`cross-claimant, or third-party plaintiff shall be considered as having filed an action in this Court.
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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 [PLAINTIFF’S PROPOSAL: April 4, 2025] [DEFENDANT’S PROPOSAL: August 6,
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`2025]. The supplemental disclosure to contradict or rebut evidence on the same matter identified
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`by another party is due on or before [PLAINTIFF’S PROPOSAL: April 25, 2025]
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`5
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`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 6 of 18 PageID #: 1204
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`[DEFENDANT’S PROPOSAL: August 27, 2025]. Reply expert reports from the party with the
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`initial burden of proof are due on or before [PLAINTIFF’S PROPOSAL: May 9, 2025]
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`[DEFENDANT’S PROPOSAL: September 11, 2025]. 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 submissions of the
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`expert reports, the parties shall advise of the dates and times of their experts’ availability for
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`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 motions briefing (including case
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`dispositive motions).
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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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`The following procedures will apply to discovery matters and
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`protective order disputes unless and until such matters are referred to a Magistrate Judge (who may
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`specify their own procedures). 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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`communications 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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`6
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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 Judge
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`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. The 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 day 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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`7
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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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`sough 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
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`Issue
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`Identification. On or before
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`[PLAINTIFF’S
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`PROPOSAL: June 21, 2024] [DEFENDANT’S PROPOSAL: October 23, 2024], the parties
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`shall exchange a list of those claim term(s)/phrase(s) that they believe need construction and their
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`proposed claim construction of those term(s)/phrase(s). This document will not be filed with the
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`Court. Subsequent to exchanging that list, the parties will meet and confer to prepare a Joint Claim
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`Construction Chart to be filed two weeks prior to service of the opening claim construction brief.
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`The parties’ Joint Claim Construction Chart should identify for the Court the term(s)/phrase(s) of
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`the claim(s) in issue, and should include each party’s proposed construction of the disputed claim
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`language with citation(s) only to the intrinsic evidence in support of their respective proposed
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`constructions. If a party proposes a construction of a term to be its “plain and ordinary” meaning,
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`the party must explain what that meaning is and how it differs from the other party’s proposed
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`construction.
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`12.
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`Claim Construction Briefing. The Plaintiff shall serve, but not file, its opening
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`brief, not to exceed 20 pages, on [PLAINTIFF’S PROPOSAL: July 19, 2024] [DEFENDANT’S
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`PROPOSAL: December 4, 2024]. The Defendant shall serve, but not file, its answering brief not
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`to exceed 30 pages, on [PLAINTIFF’S PROPOSAL: August 9, 2024] [DEFENDANT’S
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`PROPOSAL: January 7, 2025]. The Plaintiff shall serve, but not file, its reply brief, not to exceed
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`8
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`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 9 of 18 PageID #: 1207
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`20 pages, on [PLAINTIFF’S PROPOSAL: August 23, 2024] [DEFENDANT’S PROPOSAL:
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`January 22, 2025]. The Defendant shall serve, but not file, its sur-reply brief, not to exceed 10
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`pages, on [PLAINTIFF’S PROPOSAL: September 6, 2024] [DEFENDANT’S PROPOSAL:
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`February 13, 2025]. No later than [PLAINTIFF’S PROPOSAL: September 13, 2024]
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`[DEFENDANT’S PROPOSAL: February 20, 2025], the parties shall file a Joint Claim
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`Construction Brief. The parties shall copy and paste their unfiled briefs into one brief, with their
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`positions on each claim term in sequential order, 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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`3.
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`4.
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`Plaintiff’s Opening Position
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`Defendant’s Answering Position
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`Plaintiff’s Reply Position
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`Defendant’s 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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`Defendant’s Answering Position
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`Plaintiff’s Reply Position
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`Defendant’s Sur-Reply Position
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`For each term in dispute, there should be a table setting forth the term in dispute and the parties’
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`competing constructions. If a party proposes a construction of a term to be its “plain and ordinary”
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`meaning, the party must explain what that meaning is and how it differs from the other party’s
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`9
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`proposed construction. The parties’ briefing must also explain how resolution of the dispute is
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`relevant to an issue in the case. The parties need not include any general summaries of the law
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`relating to claim construction. The parties shall include a joint appendix that contains a copy of
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`the patent(s) at issue, all relevant intrinsic evidence, and any other evidence cited in the parties’
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`briefing.
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`No earlier than ___________, 20__ [no earlier than three weeks before the claim
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`construction hearing and no later than one week before the claim construction hearing], Delaware
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`and Lead counsel (i.e., those attorneys that will be leading trial) for the parties shall meet and
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`confer and file an amended Joint Claim Construction Chart that sets forth all agreed-upon
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`constructions and all terms that remain in dispute. The meet and confer shall focus on an attempt
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`to reach agreement on any remaining disputed terms where possible and to focus the dispute over
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`the remaining terms in light of the Joint Claim Construction Brief. The amended Joint Claim
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`Construction Chart shall be filed with a letter identifying by name each individual who participated
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`in the meet and confer, when and how that meet and confer occurred, and how long it lasted. If
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`no additional agreements on constructions were reached or if no dispute was narrowed, the letter
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`shall so state. The parties shall e-mail a copy of the amended Joint Claim Construction Chart in
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`Microsoft Word format to jlh_civil@ded.uscourts.gov.
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`13.
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`Hearing on Claim Construction. Beginning at _______ on ____________, 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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`10
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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.
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`14.
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`Supplementation. Absent agreement among the parties, and approval of the Court,
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`no
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`later
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`than [PLAINTIFF’S PROPOSAL: November 15, 2024] [DEFENDANT’S
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`PROPOSAL: March 24, 2025] the patentee must finally supplement, inter alia, the identification
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`of all accused products and of all invalidity references.
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`15.
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`Interim Status Report. On [PLAINTIFF’S PROPOSAL: December 6, 2024]
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`[DEFENDANT’S PROPOSAL: April 11, 2025], counsel shall submit a joint letter to the Court
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`with an interim report on the nature of the matters in issue and the progress of discovery to date.
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`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)
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`All case dispositive motions, an opening brief, and affidavits, if any, in
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`support of the motion shall be served and filed on or before [PLAINTIFF’S PROPOSAL: June
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`20, 2025] [DEFENDANT’S PROPOSAL: October 22, 2025] [calculated so that briefing is
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`completed approximately four months prior to the pretrial conference]. Briefing will be presented
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`pursuant to the Court’s Local Rules. No case dispositive motion under Rule 56 may be filed more
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`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 which the moving party contends is essential for the Court’s resolution
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`11
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`of 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 the
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`moving party’s concise statement, not to exceed six pages, which admits or disputes the facts set
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`forth in the moving party’s concise statement on a paragraph-by-paragraph basis. To the extent a
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`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. Each party is
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`permitted to file as many case dispositive motions as desired provided, however, that each side
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`will be limited to a combined total of 40 pages for all opening briefs, a combined total of 40 pages
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`for all answering briefs, and a combined total of 20 pages for all reply briefs. In the event that a
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`party files, in addition to a case dispositive motion, a Daubert motion to exclude or preclude all or
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`any portion of an expert’s testimony, the total amount of pages permitted for all case dispositive
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`12
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`and Daubert motions shall be increased to 50 pages for all opening briefs, 50 pages for all
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`answering briefs, and 25 pages for all reply briefs for each side.3
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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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`Daubert motions on [PLAINTIFF’S PROPOSAL: September _____, 2025] [DEFENDANT’S
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`PROPOSAL: January _____, 2026] beginning at ______ [a date approximately two months prior
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`to the requested pretrial conference date]. Unless otherwise ordered by the Court, each side will
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`be allocated a total of forty-five minutes to present its argument on all pending motions.
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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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`Amendments to the Scheduling Order. Any stipulation or other request to amend
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`the scheduling order shall include a chart that lists each court-ordered event with a deadline/date
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`(even if it is not being changed), the current deadline/date, and the new proposed deadline/date.
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`19.
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`IPRs/PGRs. Any party asserting a patent must file a “Notice of IPR/PGR Event”
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`within seven days of any of the following actions taken on that patent: petition for inter partes
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`review/post grant review (regardless of whether a party filed the petition), institution decision,
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`final written decision, appeal to the Federal Circuit, Federal Circuit decision. The Notice must list
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`the action taken, the affected claims, the dates of any expected further action by the PTAB, and
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`the status of all other pending IPRs/PGRs.
`
`
`The parties must work together to ensure that the Court receives no more than a total of
`3
`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 and any other scheduling order entered in any related case that is
`proceeding on a consolidated or coordinated pretrial schedule.
`
`
`
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`13
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`

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`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 14 of 18 PageID #: 1212
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`
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`20. Motions in Limine. Motions in limine shall not be separately filed. All in limine
`
`requests and responses thereto shall be set forth in the proposed pretrial order. Each side shall be
`
`limited to three in limine requests, unless otherwise permitted by the Court. The in limine request
`
`and any response shall contain the authorities relied upon. Each in limine request may be supported
`
`by a maximum of three pages of argument, may be opposed by a maximum of three pages of
`
`argument, and the side making the in limine request may add a maximum of one additional page
`
`in reply in support of its request. If more than one party is supporting or opposing an in limine
`
`request, such support or opposition shall be combined in a single three page submission (and, if
`
`the moving party, a single one page reply), unless otherwise ordered by the Court. No separate
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`briefing shall be submitted on in limine requests, unless otherwise permitted by the Court.
`
`21.
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`Pretrial Conference. On [PLAINTIFF’S PROPOSAL: November _____, 2025]
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`[DEFENDANT’S PROPOSAL: March _____, 2026], the Court will hold a pretrial conference
`
`in Court with counsel beginning at ______. Unless otherwise ordered by the Court, the parties
`
`should assume that filing the pretrial order satisfies the pretrial disclosure requirement of Federal
`
`Rule of Civil Procedure 26(a)(3). The parties shall file with the Court the joint proposed final
`
`pretrial order in compliance with Local Rule 16.3(c) not later than seven days before the pretrial
`
`conference. Unless otherwise ordered by the Court, the parties shall comply with the timeframes
`
`set forth in Local Rule 16.3(d)(1)-(3) for the preparation of the joint proposed final pretrial order.
`
`The proposed final pretrial order shall contain a table of contents. The parties shall provide
`
`the Court two double-sided courtesy copies of the joint proposed final pretrial order and all
`
`attachments.
`
`22.
`
`Jury Instructions, Voir Dire, and Special Verdict Forms. Where a case is to be tried
`
`to a jury, pursuant to Local Rules 47.l(a)(2) and 51.1 the parties should file (i) proposed voir dire,
`
`
`
`14
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`

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`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 15 of 18 PageID #: 1213
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`
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`(ii) preliminary jury instructions, (iii) final jury instructions, and (iv) special verdict forms seven
`
`days before the final pretrial conference. This submission shall be accompanied by a courtesy
`
`copy containing electronic files of these documents in Microsoft Word format, which should be
`
`submitted by e-mail to jlh_civil@ded.uscourts.gov.
`
`23.
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`Trial. This matter is scheduled for a ____4 day jury trial beginning at 9:30 a.m. on
`
`[PLAINTIFF’S PROPOSAL: December _____, 2025] [DEFENDANT’S PROPOSAL: April
`
`_____, 2026] with the subsequent trial days beginning at 9:00 a.m. Until the case is submitted to
`
`the jury for deliberations, the jury will be excused each day at 5:00 p.m. The trial will be timed,
`
`and counsel will be allocated a total number of hours in which to present their respective cases.
`
`24.
`
`Judgment on Verdict and Post-Trial Status Report. Within seven days after a jury
`
`returns a verdict in any portion of a jury trial, the parties shall jointly submit a form of order to
`
`enter judgment on the verdict. At the same time, the parties shall submit a joint status report,
`
`indicating among other things how the case should proceed and listing any post-trial motions each
`
`party intends to file.
`
`25.
`
`Post-Trial Motions. Unless otherwise ordered by the Court, all sides are limited to
`
`a maximum of 20 pages of opening briefs, 20 pages of answering briefs, and 10 pages of reply
`
`briefs relating to any post-trial motions filed by that side, no matter how many such motions are
`
`filed.
`
`
`
`
`The Honorable Jennifer L. Hall
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`Five days (i.e., about ten to thirteen hours per side) is the presumptive length of a patent
`4
`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.
`
`
`
`15
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`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 16 of 18 PageID #: 1214
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`
`
`
`
`
`
`Event
`
`Orca’s Proposal
`
`Wiz’s Proposal
`
`Rule 26(a)(1) Initial Disclosures
`
`Five (5) days from the date
`of this Order
`
`Twenty-one (21) days
`after any response to
`Counterclaims, if filed. If
`no Counterclaims are
`filed, twenty-one (21)
`days after the Answer is
`filed.
`
`Application to Court for Protective
`Order
`
`Ten (10) days from the
`date of this Order
`
`Thirty (30) days from the
`date of this Order
`
`Plaintiff shall (1) identify the
`accused product(s) and its damages
`model and (2) produce the file
`history for each asserted patent
`
`Defendant shall produce core
`technical documents related to the
`accused product(s)
`
`Plaintiff shall produce initial
`infringement claim charts
`
`Defendant shall produce initial
`invalidity contentions
`
`Parties 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)
`
`Responses to proposed claim
`constructions
`
`Parties file Joint Claim
`Construction Chart
`
`Plaintiff serves Opening Claim
`Construction Brief
`
`March 8, 2024
`
`July 31, 2024
`
`April 5, 2024
`
`August 21, 2024
`
`May 10, 2024
`
`September 12, 2024
`
`June 7, 2024
`
`October 9, 2024
`
`June 21, 2024
`
`October 23, 2024
`
`June 28, 2024
`
`October 30, 2024
`
`July 5, 2024
`
`November 13, 2024
`
`July 19, 2024
`
`December 4, 2024
`
`Defendant serves Answering Claim
`Construction Brief
`
`August 9, 2024
`
`January 7, 2025
`
`16
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`

`

`Case 1:23-cv-00758-JLH Document 30 Filed 02/21/24 Page 17 of 18 PageID #: 1215
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`
`
`
`
`Event
`
`Orca’s Proposal
`
`Wiz’s Proposal
`
`Plaintiff serves Reply Claim
`Construction Brief
`
`Defendant serves Sur-Reply Claim
`Construction Brief
`
`Parties file Joint Claim
`Construction Brief
`
`Delaware and Lead Counsel shall
`meet and confer, file an amended
`Joint Claim Construction Chart
`setting forth all agreed-upon
`constructions and all terms that
`remain in dispute, and email a copy
`of the amended chart in Microsoft
`Word format to the Court.
`
`August 23, 2024
`
`January 22, 2025
`
`September 6, 2024
`
`February 13, 2025
`
`September 13, 2024
`
`February 20, 2025
`
`No earlier than three weeks
`before the claim
`construction hearing and
`no later than one week
`before the claim
`construction hea