The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
AMENDED PRETRIAL SCHEDULING ORDER
Pursuant to the Court's Order of June 16, 2009, granting the parties' request to amend the Scheduling Order, the Court makes the following Amended Pretrial Scheduling Order.
All named Defendants have been served and no further service is permitted without leave of court, good cause having been shown.
II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown.
Jurisdiction is predicated upon 28 U.S.C. section 1338(a). Jurisdiction and venue are not contested.
A Markman claim construction hearing is set for January 7, 2010 at 2:00 p.m. The parties shall simultaneously file their claim construction briefs not later than November 16, 2009. Replies, if any, shall be filed not later than December 11, 2009. The parties are each permitted to make one (1) expert witness available for the Court to examine, if necessary. The hearing shall last no longer than three (3) hours unless otherwise directed by the Court.
All discovery, with the exception of expert discovery, shall be completed by June 25, 2010. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this Court.
VI. DISCLOSURE OF EXPERT WITNESSES
All counsel are to designate in writing, file with the Court, and serve upon all other parties the name, address, and area of expertise of each expert that they propose to tender at trial not later than July 9, 2010.*fn1 The designation shall be accompanied by a written report prepared and signed by the witness. The report shall comply with Fed. R. Civ. P. 26(a)(2)(B).
Within twenty (20) days after the designation of expert witnesses, any party may designate a supplemental list of expert witnesses who will express an opinion on a subject covered by an expert designated by an adverse party. The right to designate a supplemental expert for rebuttal purposes only shall apply to a party who has not previously disclosed an expert witness on the date set for expert witness disclosure by this Pretrial Scheduling Order.
Failure of a party to comply with the disclosure schedule as set forth above in all likelihood will preclude that party from calling the expert witness at the time of trial. An expert witness not appearing on the designation will not be permitted to testify unless the party offering the witness demonstrates:
(a) that the necessity for the witness could not have been reasonably anticipated at the time the list was proffered;
(b) that the Court and opposing counsel were promptly notified upon discovery of the witness; and (c) that the witness was promptly made available for deposition.
For purposes of this Pretrial Scheduling Order, an "expert" is any person who my be used at trial to present evidence under Rules 702, 703, and 705 of the Federal Rules of Evidence, which include both "percipient experts" (persons who, because of their expertise, have rendered expert opinions in the normal course of their work duties or observations pertinent to the issues in the case) and "retained ...