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Asustek Computer, Inc. v. International Business Machines Corp.

June 30, 2008

ASUSTEK COMPUTER, INC., ET AL., PLAINTIFFS/COUNTER-DEFENDANTS,
v.
INTERNATIONAL BUSINESS MACHINES CORPORATION, DEFENDANT/COUNTER-PLAINTIFF



The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

PRETRIAL PREPARATION ORDER

It is hereby ORDERED pursuant to Federal Rules of Civil Procedure and the Local Rules of this Court:

JURY TRIAL DATE: Tuesday, July 6, 2010 at 9:00 a.m., Courtroom 7, 19th floor.

TRIAL LENGTH is estimated to be days.

DISCOVERY PLAN: Per Federal Rules of Civil Procedure and Local Rules, subject to any provisions below.

NON-EXPERT DISCOVERY CUTOFF (merits): November 13, 2009 .

DESIGNATION OF EXPERTS (merits):

Plaintiffs/Defendant: Designate technical experts no later than October 15, 2009.

Deadline for party with burden of proof to submit expert reports: Dec. 4, 2009 .

Deadline to file responsive expert reports: January 4, 2010 .

Parties shall conform to Federal Rule of Civil Procedure 26(a)(2).

EXPERT DISCOVERY CUTOFF (merits): February 1, 2010 .

DISPOSITIVE MOTIONS shall be filed no later than February 26, 2010 , and shall be noticed for hearing 35 days thereafter, unless the Court orders an expanded schedule upon motion or stipulation.

PRETRIAL CONFERENCE DATE: June 22, 2010 at 3:00 p.m.

COUNSEL WHO INTEND TO TRY THE CASE MUST ATTEND THE PRETRIAL CONFERENCE. Counsel shall be prepared to discuss all aspects of the case, including settlement. Pretrial filngs shall conform to the attached instructions.

MEET AND CONFER (Civil L.R. 16-10(b)(5)): Lead trial counsel shall meet and confer no later than May 10, 2010 .

FURTHER STATUS CONFERENCE: Friday, February 27, 2009 , at 10:30 a.m.

FURTHER STATUS CONFERENCE STATEMENT DUE: Friday, February 20, 2009 .

ADDITIONAL ORDERS:

Parties previously referred to mediation, with mediation to be completed by September 2, 2008.

Other events and deadlines or dates:

Event Deadline/Date

Disclosure of Asserted Claims and Preliminary

Infringement Contentions June 20, 2008

Preliminary Invalidity Contentions August 4, 2008

Designate Claim Construction Experts January 28, 2009

Exchange of Proposed Terms and Claim Elements for Construction January 28, 2009

Exchange of Preliminary Claim Constructions and

Extrinsic Evidence February 17, 2009

Joint Claim Construction and Pre-hearing

Statement March 16, 2009

Completion of Claim Construction Discovery April 15, 2009

Plaintiffs' Opening Claim Construction Brief April 30, 2009

Defendant's Responsive Claim Construction Brief May 14, 2009

Plaintiffs' Reply Claim Construction Brief May 26, 2009

Claim Construction Hearing June 15, 2009, 9:30 a.m.

Last Day to Amend Pleadings August 14, 2009

Final Infringement Contentions August 14, 2009

Final Invalidity Contentions September 2, 2009

Opinion of Counsel as Defense to Willfulness September 2, 2009

Pretrial Disclosures May 24, 2010

(Objections to Pretrial Disclosures shall be made by motion in limine)

PLAINTIFFS ARE ORDERED TO SERVE A COPY OF THIS ORDER ON ANY PARTY SUBSEQUENTLY JOINED IN THIS ACTION.

PRETRIAL INSTRUCTIONS

Counsel SHALL meet and confer in good faith in advance of complying with the following pretrial requirements for the purpose of preparing for the Pretrial Conference and to discuss settlement.

A. FIFTEEN COURT DAYS PRIOR TO PRETRIAL CONFERENCE

The following shall be accomplished not later than fifteen court days prior to the scheduled Pretrial Conference:

1. PRETRIAL STATEMENT:

The parties shall file a joint pretrial statement which shall set forth:

(1) The substance of the action;

(2) The relief claimed, including the particular elements of ...


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