Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Joint MOTION for Entry of Post-Markman Schedule by IAC/InteractiveCorp, Match Group, LLC.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION MATCH GROUP, LLC § § § Plaintiff, § § v. § § BUMBLE TRADING INC. and BUMBLE § HOLDING, LTD., § No. 6:18-cv-00080-ADA § Defendants. § § JURY TRIAL DEMANDED BUMBLE TRADING INC. and BUMBLE HOLDING, LTD., § § Cross-Plaintiffs, § v. § § § MATCH GROUP, LLC and § IAC/INTERACTIVECORP, § § Cross-Defendants. § § JOINT MOTION FOR ENTRY OF POST-MARKMAN SCHEDULE Plaintiff Match Group LLC, Cross-Defendant IAC, and Defendants Bumble Trading, Inc. and Bumble Holding, Ltd. jointly propose the following post-Markman schedule: Deadline Event June 14, 2019 Fact Discovery opens August 2, 2019 Deadline to add parties. August 29, 2019 Deadline to serve Final Infringement and Invalidity Contentions. September 13, 2019 Deadline to amend pleadings. A motion is not required unless the amendment adds patents or claims. January 24, 2020 Close of Fact Discovery. February 21, 2020 Opening Expert Reports served by the Party with the Burden of Proof 1 Deadline Event March 20, 2020 Rebuttal Expert Reports served by the Party without the Burden of Proof April 10, 2020 Close of Expert Discovery. April 17, 2020 Deadline to meet and confer to discuss narrowing the number of claims asserted and prior art references at issue. The parties shall file a report within 5 business days regarding the results of the meet and confer. April 22, 2020 Report of results of meet and confer regarding asserted claims and prior art. April 24, 2020 Dispositive motion deadline and Daubert motion deadline. May 21, 2020 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, designations). June 4, 2020 Serve objections to pretrial disclosures/rebuttal disclosures. June 11, 2020 Serve objections to rebuttal disclosures and File Motions in limine. June 18, 2020 File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits lists, witness lists, designations); file oppositions to motions in limine. June 25, 2020 Deadline to meet and confer regarding remaining objections and disputes on motions in limine. 3 business days File joint notice identifying remaining objections to pretrial before the Final disclosures and disputes on motions in limine. Pretrial Conference DATE TO BE SET Final Pretrial Conference. BY THE COURT July 20, 2020 Jury Selection/Trial. DATED: June 14, 2019 Respectfully submitted, CALDWELL CASSADY & CURRY By: /s/ Bradley W. Caldwell Bradley W. Caldwell Texas State Bar No. 24040630 Email: John F. Summers Texas State Bar No. 24079417 2 Email: Warren J. McCarty, III Texas State Bar No. 24107857 Email: CALDWELL CASSADY CURRY P.C. 2101 Cedar Springs Road, Suite 1000 Dallas, Texas 75201 Telephone: (214) 888-4848 Facsimile: (214) 888-4849 John P. Palmer State Bar. 15430600 Email: Naman, Howell, Smith & Lee, PLLC 400 Austin Avenue, 8th Floor P.O. Box 1470 Waco, TX 76701 Telephone: (254) 755-4100 Facsimile: (254) 754-6331 ATTORNEYS FOR PLAINTIFF/COUNTER-DEFENDANT MATCH GROUP, LLC AND COUNTER-DEFENDANT INTERACTIVE CORP. By: /s/ Rose S. Whelan (by permission) Joseph M. Drayton (Pro Hac Vice) NY Bar No. 2875318 COOLEY LLP 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 Michael G. Rhodes (Pro Hac Vice) CA Bar No. 116127 Matthew Caplan (Pro Hac Vice) CA Bar No. 260388 COOLEY LLP 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone (415) 693-2000 3 Facsimile: (415) 693-2222 Rose S. Whelan (Pro Hac Vice) DC Bar No. 999367 COOLEY LLP 1299 Pennsylvania Ave., N.W. Suite 700 Washington, DC 20004 Telephone: (202) 842-7800 Facsimile: (202) 842-7899 Deron R. Dacus Texas Bar No. 00790553 THE DACUS FIRM, PC 821 ESE Loop 323, Suite 430 Tyler, TX 75701 Telephone: (903) 705-1117 Facsimile: (903) 581-2543 ATTORNEYS FOR DEFENDANTS BUMBLE TRADING, INC. and BUMBLE HOLDING, LTD. 4 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically with the Clerk of Court using the CM/ECF system which will send notification of such filing to all counsel of record on June 14, 2019. Bradley W. Caldwell Bradley W. Caldwell 5