Case No.: ____
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`Plaintiff,
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`v.
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`Defendant.
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`[MODEL] ORDER FOCUSING
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`PATENT CLAIMS AND PRIOR ART
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`TO REDUCE COSTS
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`Patent Owner Gree, Inc.
`Exhibit 2016 - Page 1 of 4
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`The Court ORDERS1 as follows:
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`1.
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`This Order supplements all other discovery rules and orders. It
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`streamlines the issues in this case to promote a “just, speedy, and inexpensive
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`determination” of this action, as provided by Federal Rule of Civil Procedure 1.
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`Phased Limits on Asserted Claims and Prior Art References
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`2.
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` By the date set for completion of claim construction discovery
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`pursuant to P.R. 4-4, the patent claimant shall serve a Preliminary Election of
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`Asserted Claims, which shall assert no more than ten claims from each patent and
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`not more than a total of 32 claims. Not later than 14 days after service of the
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`Preliminary Election of Asserted Claims, the patent defendant shall serve a
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`Preliminary Election of Asserted Prior Art, which shall assert no more than twelve
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`prior art references against each patent and not more than a total of 40 references.2
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`1 The parties are encouraged to discuss limits lower than those set forth in this Model Order
`based on case-specific factors such as commonality among asserted patents, the number and
`diversity of accused products, the complexity of the technology, the complexity of the patent
`claims, and the complexity and number of other issues in the case that will be presented to the
`judge and/or jury. In general, the more patents that are in the case, the lower the per-patent
`limits should be. In cases involving several patent families, diverse technologies, disparate
`claims within a patent, or other unique circumstances, absent agreement of the parties, the court
`will consider flexibly whether circumstances warrant expanding the limits on asserted claims or
`prior art references. The parties shall jointly submit any proposed modifications by the deadline
`for submission of proposed docket control or discovery orders, but in no event later than the
`deadline for service of initial disclosures.
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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.
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`Patent Owner Gree, Inc.
`Exhibit 2016 - Page 2 of 4
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`3.
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`No later than 28 days before the service of expert reports by the
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`party with the burden of proof on an issue, the patent claimant shall serve a Final
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`Election of Asserted Claims, which shall identify no more than five asserted claims
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`per patent from among the ten previously identified claims and no more than a
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`total of 16 claims. By the date set for the service of expert reports by the party
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`with the burden of proof on an issue, the patent defendant shall serve a Final
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`Election of Asserted Prior Art, which shall identify no more than six asserted prior
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`art references per patent from among the twelve prior art references previously
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`identified for that particular patent and no more than a total of 20 references. For
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`purposes of this Final Election of Asserted Prior Art, each obviousness
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`combination counts as a separate prior art reference.
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`4.
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`If the patent claimant asserts infringement of only one patent,
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`all per-patent limits in this order are increased by 50%, rounding up.
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`Modification of this Order
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`5.
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` Subject to Court approval, the parties may modify this Order
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`by agreement, but should endeavor to limit the asserted claims and prior art
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`references to the greatest extent possible. Absent agreement, post-entry motions to
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`modify this Order’s numerical limits on asserted claims and prior art references
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`2
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`Patent Owner Gree, Inc.
`Exhibit 2016 - Page 3 of 4
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`must demonstrate good cause warranting the modification. Motions to modify
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`other portions of this Order are committed to the sound discretion 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.
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`3
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`Patent Owner Gree, Inc.
`Exhibit 2016 - Page 4 of 4
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