The opinion of the court was delivered by: Edward M. Chen U.S. District Judge
KATHLEEN LU EMAIL KLU@FENWICK.COM Direct Dial (415) 875-2434
Honorable Judge Edward M. Chen United States District Court Northern District of California 450 Golden Gate Avenue, 15th Floor San Francisco, CA 94102
Dear Honorable Judge Chen:
In accordance with the Case Management Conference held on March 14, 2013, and the Court's Minute Entry (Dkt. 130), the parties jointly submit the follow proposal.
Proposed Claim Construction Briefing Schedule
Having met and conferred on the proper timing and schedule of the parties and following the Court's guidance regarding the timing of the Markman hearing to take place in the Fall, and being unable to reach agreement, the parties submit the following proposed competing schedules for the supplemental infringement and invalidity contentions and the claim construction briefing:
The Parties understand the Court's order and discussions during the March 14, 2013 CMC to mean:
Supplemental Claims and Infringement Contentions: Plaintiff will review the source code of Defendant and supplement its claims and infringement contentions to reference source code.
Supplemental Invalidity Contentions and Supplemental Document Production: Defendant may supplement its invalidity contentions, and associated document production, upon filling of a noticed motion and subsequent granting, for good cause, by the Court approving the supplementation. The parties disagree as to the proper deadlines on the invalidity disclosures.
GeoTag proposes a deadline by which Zoosk must serve its supplemental invalidity contentions should they be allowed by the Court, thus allowing Zoosk to file the motion at its discretion. Zoosk's proposal allows it to file invalidity contentions at anytime, which is inconsistent with existing Patent Local Rules, and would be inequitable to GeoTag.
Zoosk proposes a deadline by which it will move for leave to supplement its invalidity contentions if necessary. Zoosk believes that a deadline to serve the contentions, which may or may not be allowed by the Court, is premature and unduly attempts to place constrains the Court's timing regarding its ruling on any such motion. Zoosk is amenable to a deadline for serving its supplemental invalidity contentions that takes place after the Court's ruling, and proposes 45 days after, consistent with the Patent Local Rules.
The Parties disagree as to the mechanics of the claim construction briefing.
GeoTag proposes a schedule with opening, responsive, and reply brief consistent with the Patent Local Rules, and its understanding of the Court's direction at the CMC hearing.
Consistent with its understanding of the Court's direction at the CMC hearing, Zoosk proposes simultaneous opening and reply ...