By order of Judge Richard G. Stearns: Judge Ric
Post# of 82672
Judge Richard G. Stearns: ORDER entered. SCHEDULING ORDER: Pursuant to the parties' agreement and because of the similar subject matter, the Gemalto and Vasco litigations will be consolidated for discovery purposes. Plaintiff to make a written settlement offer no later than 5/30/2017; and defendants to respond no later than 6/5/2017. Initial disclosures to be exchanged no later than 6/5/2017, and the parties to file certifications pursuant to L.R. 16.1 no later than 6/6/2017. The parties to submit proposed protective order(s) no later than 6/23/2017. The court's default protective order, as quoted by the parties, will govern until the entry of an order tailored for this case. Except otherwise noted here, discovery to be stayed until the court's issuance of an Early Markman Order. The parties to exchange the proposed constructions for the terms "host computer," "access/first channel" and "authentication/second channel," and "multichannel security system/security system" no later than 6/9/2017. Opening briefs due 6/30/2017. If experts are utilized, expert discovery limited to the early Markman proceeding to be completed no later than 7/21/2017, and reply briefs by 8/4/2017. If no expert discovery, reply briefs by 7/21/2017. Joint claim construction statement due 7 days after reply briefs. The Clerk will to schedule a Markman hearing on 8/30/2017. Parties to exchange tutorials no later than 8/25/2017. Fact discovery may begin after the court's issuance of its early Markman ruling. Initial infringement disclosures to be made no later than 9/29/2017. Initial invalidity/noninfringement disclosures by 11/30/2017. Parties to exchange a list of additional terms to be construed and proposed constructions no later than 1/12/2018. Additional Markman briefs to be filed no later than 2/2/2018. If additional expert discovery is necessary, it is to be concluded by 2/16/2018, reply briefs by 2/28/2018. If no additional expert discovery is necessary, reply briefs by 2/16/2018. The parties to submit a joint claim construction statement 7 days after the filing of reply briefs, including a ranking of the disputed terms in decreasing order of importance to the case as determined by the parties. The court to schedule a second Markman hearing at its convenience. The parties to exchange tutorials 5 days in advance of the hearing. The court to solicit and issue a further pretrial schedule after the issuance of its second Markman order. The court adopts the parties' stipulated discovery limits and e-discovery procedures. The parties to jointly inform the court, within 7 days of issuance, of any substantive ruling (including without limitation claim construction, summary judgment, and the denial/institution of an IPR and subsequent decisions) in a related litigation/proceeding with a brief explanation of the impact of the ruling on these litigations.Associated Cases: 1:17-cv-10422-RGS, 1:17-cv-10423-RGS(RGS, int2)
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