Summary
The United States District Court for the Eastern District of California overruled Carbon Autonomous Robotic Systems Inc.’s objections to the scheduling order. The court declined to modify the order’s adoption of the Northern District of California’s Patent Local Rules, including provisions concerning infringement contentions, technical discovery, and expert claim-construction declarations.
Holdings
- The court denied the requested modification because plaintiff did not establish good cause, and the Patent Local Rules' requirement that amendments be filed diligently was consistent with early crystallization of the parties' infringement and invalidity theories.
- The court denied plaintiff's request to impose a specific incremental discovery deadline for production of core technical documents and source code.
- The court denied plaintiff's request to delay the exchange of expert claim-construction declarations because Patent Local Rule 4-2 appropriately requires their exchange with the Joint Claim Construction and Prehearing Statement.
Questions Presented
- Whether the scheduling order should be modified to establish final infringement, invalidity, and noninfringement contention deadlines and permit amendment of initial contentions as a matter of course until those deadlines.
- Whether the scheduling order should require defendant to produce core technical documents and source code before plaintiff serves its initial infringement contentions.
- Whether the scheduling order should delay the exchange of expert claim-construction declarations until after the Joint Claim Construction and Prehearing Statement.
Disposition
other
Cases Cited (6)
- O2 Micro Int'l Ltd. v. Beyond Innovation Tech. Co., 521 F.3d 1351, 1364, 1366 (Fed. Cir. 2008)(followed)
- MediaTek Inc. v. Freescale Semiconductor, Inc., No. 11-cv-5341-YGR, 2014 WL 971765, at *3 (N.D. Cal. Mar. 5, 2014)(followed)
- Linex Techs. v. Hewlett-Packard Co., No. 13-cv-00159-CW, 2013 WL 5955548, at *2 (N.D. Cal. Nov. 6, 2013)(followed)
- Broadcom Corp. v. Qualcomm Inc., No. 05-cv-00467-JVS-RNB, 2006 WL 8441691, at *3 (C.D. Cal. Dec. 5, 2006)(followed)
- Comcast Cable Commc'ns v. Finisar Corp., No. 06-cv-04206-WHA, 2007 WL 716131 (N.D. Cal. Mar. 2, 2007)(followed)
- HTC Corp. v. Tech. Props. Ltd., No. 5:08-cv-00882-JF-HRL, 2010 WL 4973628, at *2 (N.D. Cal. Dec. 1, 2010)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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