I'm no lawyer, but this makes it sound like they're still fighting and have 55 days to contend how they're not infringing. Hope I'm misreading!
e 2:16-cv-03571-JMV-MF Document 112 Filed 10/20/17 Page 1 of 4 PageID: 3894
October 20, 2017
Phone: (609) 750-7707 Fax: (609) 897-7395 Email: Korn@BlankRom e.com
VIA FACSIMILE
Honorable Mark Falk, U.S.M.J.
U.S. District Court for the District of New Jersey Martin Luther King Building and U.S. Courthouse 50 Walnut Street
Newark, New Jersey 07101
Re: StrikeForce Technologies, Inc. v. Duo Security Inc., et al. Civil Action No. 2:16-cv-03571-JMV-MF (Lead Case)
Dear Judge Falk:
We represent the plaintiff, StrikeForce Technologies, Inc. (“StrikeForce”) in the above- captioned case. We write on behalf of the parties in response to the October 5, 2017 telephonic conference with the Court, where the Court instructed the parties to submit proposed amendments to the Scheduling Order entered November 30, 2016 (D.I. 31).
The parties stipulate to the enclosed Amended Scheduling Order, proposing extensions to various deadlines. If the form and content of the enclosed proposed Amended Scheduling Order is acceptable, the parties respectfully request that it be entered.
Respectfully submitted,
/s/ Jonathan M. Korn
Jonathan M. Korn
cc: All Counsel of Record (via email
Case 2:16-cv-03571-JMV-MF Document 112 Filed 10/20/17 Page 2 of 4 PageID: 3895
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
STRIKEFORCE TECHNOLOGIES, INC., Plaintiff,
v.
DUO SECURITY INCORPORATED, CENTRIFY CORPORATION, and TRUSTWAVE HOLDINGS, INC,
Defendants.
No. 2:16-cv-3571-JMV-MF (Consolidated; Lead Docket)
[PROPOSED] AMENDED SCHEDULING ORDER
THIS MATTER having come before the Court for a telephonic conference on October 5, 2017; and the Court having considered the parties’ proposed discovery schedule; and for good cause shown:
IT IS on this ____ day of October 2017,
I. SCHEDULING
ORDERED THAT:
Discovery and Motion Practice
1. All fact discovery shall be complete by February 1, 2018.
2. Any discovery or case management dispute shall be raised informally as provided for in Local Civil Rule 37.1, following an actual meet-and-confer by the parties. If the parties are unable to agree, a short letter may be FAXED to chambers at 973-645-3097 indicating that there is a dispute and the subject matter of the dispute. Detailed, multi-page letters should not be submitted. Upon receipt of any such letter, the Court will attempt to schedule a telephone conference within 24 hours to discuss the details of the dispute and make a more specific plan for how it should be addressed (e.g., formal motion, informal briefing, in-court meet and confer, etc.). Any letter submitted should be double spaced. No formal discovery motions are permitted without prior court approval.
3. Any unresolved discovery disputes (other than those that arise during depositions) must be brought before the Court no later than 30 days before discovery ends. The Court will
-1-
entertain applications concerning discovery matters, informally or otherwise, after this date, and failure to timely raise a discovery issue will result in waiver.
4. Any dispositive motions shall be filed by 119 days after the Court issues its claim construction ruling, or May 31, 2018, whichever is later. Opposition and reply papers are due in accordance with the deadlines set forth in the Local Civil Rules.
II. EXPERTS
5. All expert reports on behalf of the party having the burden of proof on the issue shall be delivered by 28 days after the Court issues its claim construction ruling, or March 1, 2018, whichever is later.
6. All reply expert reports shall be delivered by 56 days after the Court issues its claim construction ruling, or March 29, 2018, whichever is later.
7. All rebuttal expert reports shall be delivered by 70 days after the Court issues its claim construction ruling, or April 12, 2018, whichever is later.
8. All expert discovery shall be completed by 98 days after the Court issues its claim construction ruling, or May 10, 2018, whichever is later.
III. PRETRIAL CONFERENCE
9. A final pretrial conference shall be conducted pursuant to Federal Rule of Civil Procedure 16(d) at TO BE DETERMINED. All pretrial submissions must be served upon the Court forty-eight (48) hours prior to the final pretrial conference.
IV. FUTURE CONFERENCES
10. There shall be status conferences before the undersigned on:
_______________________
* When the conference is by telephone, plaintiff shall initiate the call.
11. The Court may, from time-to-time, schedule conferences as may be required, either sua sponte or at the request of any party.
12. Counsel should be prepared to discuss settlement at every conference with the Court. The senior attorney in charge of the case must attend all settlement conferences and clients with full settlement authority must either attend the conference or be immediately available by telephone.
-2-
Case 2:16-cv-03571-JMV-MF Document 112 Filed 10/20/17 Page 4 of 4 PageID: 3897
V. MISCELLANEOUS
13. If a party seeks to file information under seal, the party shall: (1) refer to Local Civil Rule 5.3(c); and (2) contact the Chambers of the undersigned for instructions regarding the format for presenting such a motion. The parties are reminded that the Local Civil Rules contemplate that the sealing of materials will be done in the least restrictive means available. See L. Civ. R. 5.3(c)(2). As a result, the Court will not, absent extreme circumstances, seal lengthy documents in their entirety.
14. Since all dates set forth herein are established with the assistance and knowledge of counsel, there will be no extensions except for good cause shown and by leave of Court, even with the consent of all counsel.
15. A copy of every pleading, document, or written communication with the Court shall be served on all other parties to the action. Any such communication that does not recite or contain a certification of such service may be disregarded by the Court.
FAILURE TO FOLLOW THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 16 AND 37.
MARK FALK
United States Magistrate Judge
-3-
121172.00606/106252615
e 2:16-cv-03571-JMV-MF Document 112 Filed 10/20/17 Page 1 of 4 PageID: 3894
October 20, 2017
Phone: (609) 750-7707 Fax: (609) 897-7395 Email: Korn@BlankRom e.com
VIA FACSIMILE
Honorable Mark Falk, U.S.M.J.
U.S. District Court for the District of New Jersey Martin Luther King Building and U.S. Courthouse 50 Walnut Street
Newark, New Jersey 07101
Re: StrikeForce Technologies, Inc. v. Duo Security Inc., et al. Civil Action No. 2:16-cv-03571-JMV-MF (Lead Case)
Dear Judge Falk:
We represent the plaintiff, StrikeForce Technologies, Inc. (“StrikeForce”) in the above- captioned case. We write on behalf of the parties in response to the October 5, 2017 telephonic conference with the Court, where the Court instructed the parties to submit proposed amendments to the Scheduling Order entered November 30, 2016 (D.I. 31).
The parties stipulate to the enclosed Amended Scheduling Order, proposing extensions to various deadlines. If the form and content of the enclosed proposed Amended Scheduling Order is acceptable, the parties respectfully request that it be entered.
Respectfully submitted,
/s/ Jonathan M. Korn
Jonathan M. Korn
cc: All Counsel of Record (via email
Case 2:16-cv-03571-JMV-MF Document 112 Filed 10/20/17 Page 2 of 4 PageID: 3895
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
STRIKEFORCE TECHNOLOGIES, INC., Plaintiff,
v.
DUO SECURITY INCORPORATED, CENTRIFY CORPORATION, and TRUSTWAVE HOLDINGS, INC,
Defendants.
No. 2:16-cv-3571-JMV-MF (Consolidated; Lead Docket)
[PROPOSED] AMENDED SCHEDULING ORDER
THIS MATTER having come before the Court for a telephonic conference on October 5, 2017; and the Court having considered the parties’ proposed discovery schedule; and for good cause shown:
IT IS on this ____ day of October 2017,
I. SCHEDULING
ORDERED THAT:
Discovery and Motion Practice
1. All fact discovery shall be complete by February 1, 2018.
2. Any discovery or case management dispute shall be raised informally as provided for in Local Civil Rule 37.1, following an actual meet-and-confer by the parties. If the parties are unable to agree, a short letter may be FAXED to chambers at 973-645-3097 indicating that there is a dispute and the subject matter of the dispute. Detailed, multi-page letters should not be submitted. Upon receipt of any such letter, the Court will attempt to schedule a telephone conference within 24 hours to discuss the details of the dispute and make a more specific plan for how it should be addressed (e.g., formal motion, informal briefing, in-court meet and confer, etc.). Any letter submitted should be double spaced. No formal discovery motions are permitted without prior court approval.
3. Any unresolved discovery disputes (other than those that arise during depositions) must be brought before the Court no later than 30 days before discovery ends. The Court will
-1-
entertain applications concerning discovery matters, informally or otherwise, after this date, and failure to timely raise a discovery issue will result in waiver.
4. Any dispositive motions shall be filed by 119 days after the Court issues its claim construction ruling, or May 31, 2018, whichever is later. Opposition and reply papers are due in accordance with the deadlines set forth in the Local Civil Rules.
II. EXPERTS
5. All expert reports on behalf of the party having the burden of proof on the issue shall be delivered by 28 days after the Court issues its claim construction ruling, or March 1, 2018, whichever is later.
6. All reply expert reports shall be delivered by 56 days after the Court issues its claim construction ruling, or March 29, 2018, whichever is later.
7. All rebuttal expert reports shall be delivered by 70 days after the Court issues its claim construction ruling, or April 12, 2018, whichever is later.
8. All expert discovery shall be completed by 98 days after the Court issues its claim construction ruling, or May 10, 2018, whichever is later.
III. PRETRIAL CONFERENCE
9. A final pretrial conference shall be conducted pursuant to Federal Rule of Civil Procedure 16(d) at TO BE DETERMINED. All pretrial submissions must be served upon the Court forty-eight (48) hours prior to the final pretrial conference.
IV. FUTURE CONFERENCES
10. There shall be status conferences before the undersigned on:
_______________________
* When the conference is by telephone, plaintiff shall initiate the call.
11. The Court may, from time-to-time, schedule conferences as may be required, either sua sponte or at the request of any party.
12. Counsel should be prepared to discuss settlement at every conference with the Court. The senior attorney in charge of the case must attend all settlement conferences and clients with full settlement authority must either attend the conference or be immediately available by telephone.
-2-
Case 2:16-cv-03571-JMV-MF Document 112 Filed 10/20/17 Page 4 of 4 PageID: 3897
V. MISCELLANEOUS
13. If a party seeks to file information under seal, the party shall: (1) refer to Local Civil Rule 5.3(c); and (2) contact the Chambers of the undersigned for instructions regarding the format for presenting such a motion. The parties are reminded that the Local Civil Rules contemplate that the sealing of materials will be done in the least restrictive means available. See L. Civ. R. 5.3(c)(2). As a result, the Court will not, absent extreme circumstances, seal lengthy documents in their entirety.
14. Since all dates set forth herein are established with the assistance and knowledge of counsel, there will be no extensions except for good cause shown and by leave of Court, even with the consent of all counsel.
15. A copy of every pleading, document, or written communication with the Court shall be served on all other parties to the action. Any such communication that does not recite or contain a certification of such service may be disregarded by the Court.
FAILURE TO FOLLOW THIS ORDER MAY RESULT IN THE IMPOSITION OF SANCTIONS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 16 AND 37.
MARK FALK
United States Magistrate Judge
-3-
121172.00606/106252615
