`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SEVEN NETWORKS, LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC,
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`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`CIVIL ACTION NO. 2:19-CV-00115-JRG
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`ORDER FOCUSING PATENT CLAIMS AND PRIOR ART
`
`The Court ORDERS as follows:
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`1.
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`This Order supplements all other discovery rules and orders. It is intended to
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`streamline the issues in this case to promote a “just, speedy, and inexpensive determination” of
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`this action, as provided by Rule 1 of the Federal Rules of Civil Procedure.
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`2.
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`By the date set forth in the Docket Control Order, Plaintiff shall serve a
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`Preliminary Election of Asserted Claims, which shall assert no more than fifteen (15) claims from
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`each patent and not more than a total of seventy-five (75) claims. By the date specified in the
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`Docket Control Order, Defendant shall serve a Preliminary Election of Asserted Prior Art, which
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`shall assert no more than eighteen (18) prior art references1 against each patent and not more than
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`a total of ninety (90) references.2
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`1 For clarity, each anticipation challenge and each obviousness combination or assertion count as
`a separate prior art reference for purposes of the preliminary and final election.
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`2 For purposes of this Order, a prior art instrumentality (such as a device or process) and associated
`references that describe that instrumentality shall count as one reference, as shall the closely related
`work of a single prior artist.
`
`SEVEN Networks LLC, Exhibit 2016
`Page 2016 - 1
`IPR2020-00266, Apple Inc. v. SEVEN Networks LLC
`
`
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`3.
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`Not later than 7 days after the Court issues its Claim Construction Order.
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`Plaintiff shall serve a Final Election of Asserted Claims, which shall identify no more than eight
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`(8) asserted claims per patent from among the fifteen (15) previously identified claims and no more
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`than a total of thirty-six (36) claims from no more than then (10) asserted patents. Not later than
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`14 days after service of the Final Election of Asserted Claims, Defendant shall serve a Final
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`Election of Asserted Prior Art, which shall identify no more than nine (9) asserted prior art
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`references per patent from among the eighteen (18) prior art references previously identified for
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`that particular patent and no more than a total of forty-five (45) references. For purposes of this
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`Final Election of Asserted Prior Art, each obviousness combination counts as a separate prior art
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`reference.
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`4.
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`Subject to Court approval, the parties may modify this Order by agreement, but
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`should endeavor to limit the asserted claims and prior art references to the greatest extent possible.
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`Absent agreement, post-entry motions to modify this Order’s numerical limits on asserted claims,
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`asserted patents, and prior art references must demonstrate good cause warranting the
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`modification. Motions to modify other portions of this Order are committed to the sound discretion
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`of the Court.3
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`3 This Order contemplates that the parties and the Court may further narrow the issues during
`pretrial proceedings in order to present a manageable case at trial.
`
`So Ordered this
`Jul 31, 2019
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`SEVEN Networks LLC, Exhibit 2016
`Page 2016 - 2
`IPR2020-00266, Apple Inc. v. SEVEN Networks LLC
`
`
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