IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
`Civil Case No. 3:14-cv-00274-RJC-DSC
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`LIFESCAN, INC. and,
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`LIFESCAN SCOTLAND, LTD.,
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`Plaintiffs and
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`Counterclaim-Defendants
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`v.
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`UNISTRIP TECHNOLOGIES, LLC
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`Defendant and )
`Counterclaimant
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`____________________________________)
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`CLAIM CONSTRUCTION
`SCHEDULING ORDER
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`IN ACCORDANCE WITH the Local Civil Rules of the Western District of North
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`Carolina, the Local Patent Rules, and pursuant to Rule 16 of the Federal Rules of Civil
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`Procedure, the undersigned enters the following Claim Construction Scheduling Order in this
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`matter.
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` DEADLINES AT A GLANCE1
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`Rule 26 Disclosures: September 17, 2014
`Serve Initial Infringement Contentions:
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`October 30, 2014
`Serve Initial Invalidity Contentions:
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`December 30, 2014
`Exchange of Terms for Construction:
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`January 21, 2015
`Exchange Preliminary Claim Construction:
`February 9, 2015
`File Joint Claim Construction Statement:
`March 11, 2015
`Close of Claim Construction Discovery:
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`April 10, 2015
`File Opening Claim Construction Brief:
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`April 24, 2015
`File Responsive Claim Construction Brief:
`May 8, 2015
`File Reply Claim Construction Brief:
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`May 15, 2015
`File Surreply Claim Construction Brief:
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`May 22, 2015
`File Claim Construction Chart:
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`May 29, 2015
`Claim Construction Hearing:
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`July 21, 2015 at 10:00 a.m.
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`1 Following Entry of the Claim Construction Order, if the parties request, the Court will issue a scheduling order
`addressing the relevant dates for discovery for that period. If no such order is issued, the parties are directed to
`adhere to the deadlines recognized in this district. All calculations will be based from the entry of Claim
`Construction Order. The parties are requested to request a trial date after the Claim Construction Hearing.
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`Case 3:14-cv-00274-RJC-DSC Document 20 Filed 09/25/14 Page 1 of 3
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` I. DISCOVERY
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`A.
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`DISCOVERY GUIDELINES: Discovery in this case is limited as follows: Each party
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`may propound no more than 20 interrogatories, including subparts; no more than 20
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`requests for admission, and take no more than 6 depositions of non-expert witnesses.
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`B.
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`RULE 26 DISCLOSURES: The parties have agreed to exchange the information set
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`forth in Rule 26 by September 17, 2014.
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`C.
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`RESPONSES TO INTERROGATORIES AND REQUESTS FOR ADMISSION:
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`Every response to an interrogatory or request for admission, and every objection thereto,
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`shall be preceded by the original number and complete text of the corresponding
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`interrogatory or request for admission.
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`D.
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`THE MAINTENANCE OF DISCOVERY MATERIALS: Discovery materials are
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`NOT to be filed. All counsel are advised to consult the local rule which provides that
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`while depositions, interrogatories, and requests for admission, and responses thereto,
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`must still be served on all parties, they are no longer to be filed unless upon order of the
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`Court. The parties are responsible for the preservation of any and all discovery materials
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`they may generate.
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`E.
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`VIDEO DEPOSITIONS: If video depositions are taken and counsel intend to use them
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`at trial, counsel are directed to resolve any objections and edit the video accordingly so
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`that the video may be shown without interruption. Failure to do this prior to trial will
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`result in objections being deemed to be waived.
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`F.
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`PROTECTIVE ORDERS: Any objections made to discovery requests shall be
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`accompanied by a draft proposed protective order if such order is, or will be, requested.
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`When counsel submit proposed protective orders, they shall include a provision leaving
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`Case 3:14-cv-00274-RJC-DSC Document 20 Filed 09/25/14 Page 2 of 3
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`the ultimate disposition of protected materials subject to a final order of the Court on the
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`completion of litigation.
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` II. SANCTIONS FOR FAILURE TO COMPLY
`WITH THE PRETRIAL ORDER
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`Failure to comply with any of the provisions of this Order which causes added delay or
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`expense to the Court may result in the imposition of sanctions as provided by the Federal Rules
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`of Civil Procedure.
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`SO ORDERED.
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`Signed: September 25, 2014
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`Case 3:14-cv-00274-RJC-DSC Document 20 Filed 09/25/14 Page 3 of 3