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Pixion, Inc v. Citrix Systems

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


December 20, 2010

PIXION, INC.,
PLAINTIFF,
v.
CITRIX SYSTEMS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge

[PROPOSED] SCHEDULING ORDER AND RELATED COUNTERCLAIMS

Plaintiff Pixion, Inc. ("Pixion") and Defendants Citrix Systems, Inc. and Citrix Online, LLC (collectively referred to as "Citrix") hereby submit the following Scheduling Order governing this matter up to and including claim construction. Pixion and Citrix are collectively referred to herein as the "Parties."

Dated: December 13, 2010 CARR &FERRELL LLP By: _____/s/ Colby B. Springer____ȱ ROBERT J. YORIO COLBY B. SPRINGER CHRISTINE S. WATSON Attorneys for Plaintiff and Counterdefendant PIXION, INC. Dated: December 13, 2010 MCDERMOTT WILL &EMERY LLP By:/s/ Terry Ahearn TERRY W. AHEARN FAY E. MORISSEAU SARAH COLUMBIA LEIGH MARTINSON Attorneys for Defendants and Counterclaimants CITRIX SYSTEMS, INC., and CITRIX ONLINE, LLC

SIGNATURE ATTESTATION

Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the 21 concurrence in the filing of this document from all the signatories for whom a signature is indicated 22 by a "conformed" signature (/s/) within this e-filed document and I have on file records to support 23 this concurrence for subsequent production for the court if so ordered or for inspection upon 24 request. 25 26

Dated: December 13, 2010 Colby B. Springerȱ ȱ ȱ ȱ Colby B. Springer

[PROPOSED] SCHEDULING ORDER

IT IS HEREBY ORDERED that the following SCHEDULING ORDER is adopted by the Court for the case and that the Parties are directed to comply with this Order: 4

Deadline Nature of Discovery/Event 5

December 17, 2010 Last day for Pixion to file Amended Complaint. 6

January 6, 2011 Last day for Citrix to respond to Pixion's Amended Complaint. 7

January 20, 2011 Pixion to serve "Disclosure of Asserted Claims and Infringement 8 9 Contentions" with Document Production (PLR 3-1 & 3-2).

March 10, 2011 Citrix to serve "Invalidity Contentions" with Document Production (PLR 10 3-3 & 3-4).

March 24, 2011 Mutual Exchange of Claim Terms for Construction (PLR 4-1(a)). 12

April 14, 2011 Exchange Proposed Constructions for Each Term identified by the 13 14 11 Parties, including Intrinsic and Extrinsic Evidence Supporting each Construction (PLR 4-2).

May 6, 2011 Further Case Management Conference 15 May 12, 2011 Parties file Joint Claim Construction & Prehearing Statement (PLR 4-3). 16

June 9, 2011 Claim Construction Discovery Completed (PLR 4-4). 17 June 30, 2011 Pixion to file and serve Opening Brief with supporting evidence re claim 18 19 construction (PLR 4-5(a)).

July 14, 2011 Citrix to file and serve Responsive Brief with supporting evidence 20 regarding claim construction (PLR 4-5(b)).

July 21, 2011 Pixion to file and serve Reply Brief with supporting evidence regarding 22 23 21 claim construction (PLR 4-5(c)).

August 4, 2011 Claim Construction Tutorial, if requested by the Court. 24

August 5, 2011 Claim Construction Hearing (PLR 4-6). 25

TBD Fact Discovery on Damages opens. 26

27 28

TBD Fact Discovery closes on all issues, including Damages. All fact discovery shall be initiated so as to be complete on or before this date.

75 Days after Claim Designation of Experts 2

3

Construction Order:

105 Days after Claim Expert Reports Exchanged (on any matter on which a party bears the Construction Order: burden of proof). 4 5

145 Days after Claim Responsive Expert Reports Exchanged. Construction Order: 6 7

170 Days after Claim Expert Discovery Completed. Construction Order: 8 9

45 Days after Expert Last Day to File Dispositive Motions. Discovery Closes: 10 11

TBD Pretrial Conference 12

TBD File Joint Pretrial Conference Statement and Pretrial Disclosures (identification of witnesses, deposition designations and proposed trial exhibits)

TBD File and Serve Objections to Pretrial Disclosures 15

TBD Deadline to File Motions In Limine 16

TBD Deadline to File and Serve Proposed Voir Dire, Proposed Jury

Instructions, Proposed Verdict Forms, Joint Proposed Findings of Fact and Separate Disputed Findings of Fact and Conclusions of Law

TBD Deadline to Serve Subpoenas for Attendance at Trial 19

TBD Final Pretrial Conference 20

TBD Proposed Trial Date (expected to last 10-15 court days). 21

IT IS SO ORDERED.

Dated:

20101220

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