Qurio Holdings, Inc. v. Directv, LLC

Northern District of California, cand-4:2015-cv-01986

ORDER by Judge Haywood S. Gilliam, Jr. Re Scheduling and {{91}} Discovery Dispute.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 QURIO HOLDINGS, INC., 7 Case No. 15-cv-01986-HSG Plaintiff, 8 ORDER RE SCHEDULING AND v. DISCOVERY DISPUTE 9 DIRECTV LLC, Re: Dkt. No. 91 10 Defendant. 11 12 A case management conference was held on June 4, 2015. The Court directed the parties Northern District of California United States District Court 13 to meet and confer in a good faith attempt to resolve their scheduling and discovery disputes. On 14 June 12, 2015, the parties filed a revised proposed schedule, on which they fully agree. Dkt. No. 15 90. Also on June 12, 2015, the parties filed a joint discovery letter brief addressing the proposed 16 two-stage reduction of asserted claims and corresponding prior art combinations and references, 17 which is the only outstanding discovery dispute. Dkt. No. 91. 18 Having reviewed the parties' joint discovery letter brief and considered the arguments 19 therein, the Court within its discretion finds it appropriate to limit the number of asserted claims 20 and prior art as follows: 21  Initial Reduction. By October 14, 2015, Plaintiff Qurio Holdings, Inc. will elect up 22 to 30 claims from the patents-in-suit, with no per-patent limitation on the number 23 of claims that may be elected. By October 28, 2015, Defendant DirecTV LLC will 24 narrow its asserted prior art to no more than 30 combinations and no more than 42 25 references total. 26 The Court will determine the specific parameters of the second reduction of asserted 27 claims and prior art following the issuance of a claim construction order in this case. 28 1 The Court sets the following case deadlines pursuant to Federal Rule of Civil Procedure 16 2 and Civil Local Rule 16-10: 3 Event Date 4 Deadline to Complete Patent L.R. 3-1 June 18, 2015 5 Disclosures & Patent L.R. 3-2 Production Deadline to Complete Patent L.R. 3-3 July 2, 2015 6 Disclosures & Patent L.R. 3-4 Production Deadline to Amend Pleadings October 1, 2015 7 Deadline for Patent L.R. 4-1(a) Exchange of August 24, 2015 8 Proposed Terms for Construction Deadline for Patent L.R. 4-2(a), (b) Exchange September 21, 2015 9 of Preliminary Claim Constructions and Extrinsic Evidence 10 Deadline for Initial Reduction of Asserted October 14, 2015 Claims 11 Deadline to File Joint Claim Construction October 21, 2015 12 Statement Northern District of California Initial Reduction of Asserted Prior Art October 28, 2015 United States District Court 13 Close of Claim Construction Discovery November 20, 2015 14 15 Deadline for Plaintiff to File Opening Claim December 7, 2015 Construction Brief 16 Deadline for Defendants to File Responsive December 21, 2015 Claim Construction Brief 17 Deadline for Plaintiff to File Reply Claim January 4, 2016 Construction Brief 18 Tutorial Wednesday, January 27, 2016 19 2:30 p.m. 1.5 hours 20 Claim Construction Hearing Wednesday, February 3, 2016 1:00 p.m. 21 3 hours 22 The parties shall meet and confer and submit a joint proposal regarding the second 23 reduction of asserted claims and prior art and the remainder of the case schedule within seven days 24 of the issuance of the claim construction order. 25 IT IS SO ORDERED. 26 Dated: 7/8/2015 27 ______________________________________ 28 HAYWOOD S. GILLIAM, JR. United States District Judge 2