Case 5:06-cv-00222-DF Document 38 39 Filed 01/19/2007 01/22/2007 Page 1 of 6 KAWASAKI HEAVY INDUSTRIES, LTD. (a/k/a KAWASAKI JUKOGYO KABUSHIKI KAISHA, vs. Plaintiff, BOMBARDIER RECREATIONAL PRODUCTS, INC. and BRP U.S., INC., Defendants. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION Case No. 5:06-cv-222 DOCKET CONTROL ORDER 1 Initial Case Management Patent L.R. 2-1 January 8, 2007 Conference FRCP 26(f Patentee serves Disclosure of Patent L.R. 3-1 January 18, 2007 2 Asserted Claims and Preliminary Infringement Contentions not to exceed 27 representative claims. Patentee makes Document Patent L.R. 3-2 January 18, 2007 3 Production Accompanying Disclosure 4 Initial Disclosures FRCP 26(a(1 January 22, 2007 5 6 7 8 9 Accused Infringer serves Preliminary Invalidity Contentions Patent L.R. 3-3 March 2, 2007 Accused Infringer makes Patent L.R. 3-4 March 2, 2007 Document Production Accompanying Preliminary Invalidity Contentions All parties make Exchange of Patent L.R. 4-1(a March 12, 2007 Proposed Terms and Claim Elements for Construction Patentee shall limit the number of March 16, 2007 asserted claims to no more than ten (10 and notify the accused infringer and Court. All parties meet and confer to Patent L.R. 4-1(b March 20, 2007 discuss list of Proposed Terms and Claim Elements for Construction
Case 5:06-cv-00222-DF Document 38 39 Filed 01/19/2007 01/22/2007 Page 2 of 6 Claim Elements for Construction 10 Deadlines for early mediation at March 26, 2007 the Parties request All parties make Exchange of Patent L.R. 4-2 March 30, 2007 11 Preliminary Claim Construction and Extrinsic Evidence All parties must meet and confer to Patent L.R. 4-2(c April 16, 2007 12 discuss Preliminary Claim Construction and Extrinsic Evidence All parties jointly file Joint Claim Patent L.R. 4-3 May 1, 2007 13 Construction and Prehearing Statement Deadline to join other parties May 1, 2007 without leave of Court, which shall 14 be at least 60 days before the deadlines for filing dispositive motions Deadline to file amended pleadings May 1, 2007 15 without leave of Court, which shall be at least 30 days before the deadline for dispositive motions 16 Completion of Claim Construction Patent L.R. 4-4 May 31, 2007 Discovery 17 Patentee files opening claim Patent L.R. 4-5(a June 15, 2007 construction brief 18 Accused Infringer files responsive Patent L.R. 4-5(b June 29, 2007 claim construction brief 19 Patentee files reply brief on claim Patent L.R. 4-5(c July 6, 2007 construction ONLY WITH LEAVE OF July 13, 2007 20 COURT Accused infringer files sur-reply brief on claim construction 21 Parties file Joint Claim Patent L.R. 4-5(d July 23, 2007 Construction Chart 22 Pre-hearing Conference and July 26, 2007 technical tutorial if necessary Claim Construction Hearing Patent L.R. 4-6 August 2, 2007, at a time to be determined by the Court. Each 23 side shall have 90 minutes for its respective presentation to the Court. 24 Court s Claim Construction Ruling To be determined by the Court 25 Patentee makes Final Infringement Patent L.R. 3-6(a September 21, 2007, or 30 days Contentions
Case 5:06-cv-00222-DF Document 38 39 Filed 01/19/2007 01/22/2007 Page 3 of 6 Contentions (whichever is later 26 Accused Infringer serves Preliminary Unenforceability Contentions October 1, 2007, or 40 days (whichever is later 27 28 29 30 31 32 33 34 35 36 Accused Infringer makes Document Production Accompanying Preliminary Unenforceability Contentions Accused Infringer makes Final Invalidity Contentions Accused Infringer makes disclosure relating to willfulness Accused Infringer makes Final Unenforceability Contentions Deadline for completion of all fact discovery, which shall be at least 90 days before the final pre-trial conference Deadline for disclosure of expert testimony on issues for which a party bears the burden of proof Deadline for disclosure of rebuttal expert testimony Deadline for late mediation at the Parties request Deadline for completion of expert discovery Deadline for objections to other parties expert witnesses Deadline for filing dispositive motions, including motion on invalidity and unenforceability, 37 which shall be at least 60 days before the initial pretrial conference Deadline for filing all Daubert 38 motions 39 Deadline for parties to make pretrial disclosures Patent L.R. 3-6(b Patent L.R. 3-8 FRCP 26(a(2 L.R. CV-26(b FRCP 26(a(2 L.R. CV-26(b October 1, 2007, or 40 days (whichever is later October 11, 2007, or 50 days (whichever is later October 11, 2007, or 50 days (whichever is later October 22, 2007, or 60 days (whichever is later November 12, 2007, or 80 days (whichever is later November 21, 2007, or 90 days (whichever is later December 11, 2007, or 110 days after claim construction ruling (whichever is later January 10, 2008, or 30 days after rebuttal expert testimony (whichever is later January 15, 2008, or five days after Step 35 (whichever is later March 18, 2008 (At least 75 days before initial pretrial conference March 18, 2008 (Same as 37 FRCP 26(a(3 May 2, 2008
Case 5:06-cv-00222-DF Document 38 39 Filed 01/19/2007 01/22/2007 Page 4 of 6 pretrial disclosures (At least 30 days before initial pretrial conference Patentee to provide to other parties May 2, 2008 40 its information for Joint Final (At least 30 days before initial Pretrial Order, Proposed Jury pretrial conference Instruction and Verdict Form 41 42 43 44 45 Defendant and Third parties to provide to Patentee their information for Joint Final Pretrial Order, Proposed Jury Instruction and Verdict Form Parties to file Proposed Joint Final Pretrial Order, Proposed Jury Instructions, Joint Verdict Forms and Motions in Limine. Prior to initial pretrial conference, parties shall confer with each other regarding the other party s Motion in Limine, deposition designations, and exhibits and shall submit to the Court in writing any objection they may have to the other party s Motion in Limine, deposition designations, and exhibits. Initial Pretrial Conference and hearing on Motion in Limine if required and hearing on objections to deposition designations and exhibits Final Pretrial Conference before Judge David Folsom Jury Selection before Judge David Folsom May 2, 2008 (At least 30 days before initial pretrial conference May 19, 2008 (At least 2 weeks before initial pretrial conference May 19, 2008 (At least 2 weeks before pretrial conference June 2, 2008 June 3, 2008 The Parties shall limit the number of interrogatories to 50 per side. Any subparts to an interrogatory shall be limited to a reasonable number and, to remove doubt and avoid disputes, an interrogatory inquiring for each patent-in-suit or for each asserted claim of each patent-insuit shall be counted as a single interrogatory irrespective of the number of asserted claims of such patents. Side means a party or a group of parties with a common interest.
Case 5:06-cv-00222-DF Document 38 39 Filed 01/19/2007 01/22/2007 Page 5 of 6 There shall be no limit on RFAs. Fed. R. Civ. P. 36 shall govern. The Parties shall limit their searches of electronically stored information to information reasonably accessible and technically feasible to the party without resort to restoration of backup materials or archives and neither side shall be required to search any backup or electronic archive systems. However, should a requesting party make a request for specific document(s and include additional information in its possession that identifies or describes the document(s, the other party will conduct a reasonable search of such backup or electronic archive most likely to contain the requested document solely for such document. Nothing herein shall prevent a party from otherwise searching its backup or archival systems on its own initiative for documents it may use to support its positions in the litigation. The Parties shall have 150 hours for depositions of fact witnesses per side, excluding expert witnesses. For purposes of calculating the number of deposition hours, only one-half of the total deposition time of any deposition for which a translator is required shall count towards the Parties 150 deposition hour limit. Depositions of the Parties respective corporate officers, managing directors and Rule 30(b(6 corporate representatives shall take place in Texarkana, Texas, absent mutual agreement to the contrary. All remaining fact witnesses shall be produced for deposition in the country of their residence. The parties shall voluntarily produce all Rule 30(b(6 witnesses and individual fact witnesses who are employees of the parties or their affiliates without the need to resort to subpoenas or any international convention to compel their appearance. A deposition notice issued to counsel for the party shall suffice. Witnesses deposed in Japan must be deposed at an American Consulate in Japan. If the Defendants are not able to reserve facilities at a U.S. Consulate in Japan to conduct the deposition of an individual witness within 60 days after a request for same, Plaintiff shall produce at its own expense the individual
Case 5:06-cv-00222-DF Document 38 39 Filed 01/19/2007 01/22/2007 Page 6 of 6 witness in Texarkana, Texas, or at such other location as may be agreed upon by the parties. The deposition of each individual fact witness shall be limited to a maximum of seven (7 hours, except that a deposition in which a translator is needed may be extended up to an additional seven (7 hours. All Rule 30(b(6 depositions shall be limited to a maximum of seven (7 hours per noticed topic regardless of the number of deposition notices issued or the number of corporate representatives designated to testify on behalf of the party. The parties shall negotiate in good faith for purposes of defining the term topic with respect to Rule 30(b(6 depositions. The seven (7 hour time limit may be increased up to an additional seven (7 hours if a translator is needed. Each party shall be entitled to depose each expert witness identified by the opposing party. The depositions of expert witnesses shall each be limited to a maximum of ten (10 hours per witness, which may be increased up to an additional ten (10 hours if a translator is needed. Any party may move to modify these limitations for good cause. The Parties shall meet and confer and attempt to present to the Court an agreed Protective Order. In the event such an agreement cannot be accomplished, the parties should file their respective proposals with the Court. SIGNED THIS DAY OF JANUARY, 2007.