Match Group, LLC v. Bumble Trading Inc.

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

Joint MOTION to Extend Scheduling Order Deadlines by Bumble Trading Inc.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION MATCH GROUP, LLC § § Plaintiff, § § v. § No. 6:18-cv-00080-ADA § BUMBLE TRADING INC. § JURY TRIAL DEMANDED § Defendant. § § JOINT MOTION TO MODIFY SCHEDULING ORDER Plaintiff Match Group LLC and Defendant Bumble Trading Inc. jointly propose to modify the Scheduling Order [Dkt. 44], as modified on December 21, 2018 [Dkt. 48], based on the Court's Order Governing Proceedings – Patent Case. The parties have met and conferred and agreed to modify the scheduling order as outlined below. Deadline Item February 15, 2019 Plaintiff shall produce (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit. March 22, 2019 Defendant serves preliminary1 invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations the Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, (2) technical documents, including 1 The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so seasonably upon identifying any such material. Any amendment to add claims requires leave of court so that the Court can address any scheduling issues. software where applicable, sufficient to show the operation of the accused product(s), and (3) summary, annual sales information for the accused product(s) for the prior two years, unless the parties agree to some other timeframe. March 29, 2019 Parties exchange claim terms for construction April 4, 2019 Parties exchange proposed claim constructions and evidence April 8, 2019 Deadline to meet and confer to narrow terms in dispute and exchange revised list of terms/constructions April 15, 2019 Complete Claim Construction Discovery April 22, 2019 Parties file Opening claim construction briefs, including any arguments that any claim terms are indefinite. May 8, 2019 Parties file Responsive claim construction briefs. May 16, 2019 Parties file Reply claim construction briefs. May 17, 2019 Parties submit Joint Claim Construction Statement, optional tutorials, and consolidated briefing collated by Opening, Response, and Reply. May 23, 2019 Markman Hearing at 9:00 a.m. May 28, 2019 Deadline to submit proposed post-Markman schedule. The parties jointly request that the Court enter the modified scheduling order attached as Exhibit A. DATED: February 21, 2019 Respectfully submitted, By: Rose S. Whelan 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 2 rwhelan@cooley.com Joseph M. Drayton (Pro Hac Vice) NY Bar No. 2874318 COOLEY LLP 1114 Avenue of the Americas New York, NY 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 jdrayton@cooley.com 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 Facsimile: (415) 693-2222 mrhodes@cooley.com mcaplan@cooley.com Deron R. Dacus (TX00790553) THE DACUS FIRM, PC 821 ESE Loop 323, Suite 430 Tyler, TX 75701 Telephone: (903) 705-1117 Facsimile: (903) 581-2543 ddacus@dacusfirm.com Attorneys for Defendant Bumble Trading Inc. By: /s/ Bradley W. Caldwell (by permission) Bradley W. Caldwell Texas State Bar No. 24040630 Email: bcaldwell@caldwellcc.com John F. Summers Texas State Bar No. 24079417 Email: jsummers@caldwellcc.com Warren J. McCarty, III Texas State Bar No. 24107857 Email: wmccarty@caldwellcc.com CALDWELL CASSADY CURRY P.C. 3 2101 Cedar Springs Road, Suite 1000 Dallas, Texas 75201 Telephone: (214) 888-4848 Facsimile: (214) 888-4849 John P. Palmer State Bar No. 15430600 Email: palmer@namanhowell.com 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 Match Group, LLC 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 notifications of such filing to all counsel of record on February 21, 2019. Rose S. Whelan Rose S. Whelan 5