UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

Case No.: 20-22051-CIV-MARTINEZ-OTAZO-REYES

SISVEL INTERNATIONAL S.A., 3G 

LICENSING S.A., and SISVEL S.p.A., 

Plaintiffs,

v.

HMD AMERICA, INC. and HMD 

GLOBAL OY,

Defendants.

ORDER GRANTING DEFENDANT’S MOTION TO MODIFY SCHEDULING ORDER, 

RESETTING CALENDAR CALL, TRIAL DATE, SPECIFIC PRETRIAL DEADLINES, 

AND SETTING MARKMAN HEARING AND BRIEFING SCHEDULE

THIS CAUSE is before the Court on Defendant’s Motion to Modify Scheduling Order 

(DE 19) (the “Motion”). Upon careful consideration, it is hereby:

ORDERED AND ADJUDGED that:

1. Defendant’s Motion is GRANTED. 

2. The previously scheduled trial date in this case, which was set for the two-week trial 

calendar that begins on May 10, 2021, is hereby CANCELLED, and trial and pretrial deadlines 

are modified as set forth below. All other deadlines remain in effect. 

SCHEDULING ORDER

Date Or Deadline Event

October 2, 2020 Deadline for Defendants to respond to complaint.

October 12, 2020 Motions to join additional parties, amend the 

complaint, and class certification.

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Date Or Deadline Event

October 16, 2020 Plaintiffs to provide preliminary identification of 

asserted patent claims.

December 24, 2020 Parties exchange patent claim terms for construction.

January 11, 2021 Parties exchange proposed constructions of patent 

claim terms.

February 1, 2021 Parties file opening claim construction briefs.

February 22, 2021 Parties file responsive claim construction briefs.

March 8, 2021 Parties file reply claim construction briefs.

March 15, 2021 Parties file a joint claim construction statement.

April 5, 2021 Optional deadline for parties file technology tutorials.

April 12, 2021 Claim construction (Markman) hearing.

May 24, 2021 The parties meet and confer to narrow asserted patent 

claims, accused products, and asserted prior art 

references.

June 21, 2021 Parties shall exchange opening expert witness 

summaries and reports. 

July 19, 2021 Parties shall exchange rebuttal expert witness 

summaries and reports. 

July 19, 2021 Parties shall exchange written lists containing the 

names and addresses of all witnesses intended to be 

called at trial and only those witnesses listed shall be 

permitted to testify.

August 2, 2021 A mediator must be selected.

August 16, 2021 All discovery, including expert discovery, shall be 

completed.

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Date Or Deadline Event

September 13, 2021 All Daubert, summary judgment, and other 

dispositive motions must be filed. Each party is 

limited to filing a single Daubert motion of no more 

than 20 pages. Summary judgment motions, in 

addition to containing a Statement of Material Facts 

pursuant to Local Rule 56.1(a), shall be accompanied 

by a separately-filed Joint Statement of Undisputed 

Fact, which must include all relevant facts about 

which there is no material dispute. Each undisputed 

fact shall be individually numbered and separated by 

paragraphs. This filing is limited to 10 pages and does 

not otherwise change the parties’ obligation to 

comply with Local Rule 56.1.

Note: If there are any unresolved discovery disputes 

pending fifteen days prior to this date, the moving 

party shall immediately advise the Court of all such 

unresolved disputes together with their status.

September 20, 2021 Mediation shall be completed.

October 14, 2021 All pretrial motions and memoranda of law must be 

filed. Each party is limited to filing a single motion in 

limine, which may not, without leave of Court, 

exceed the 20-page limit allowed by the Rules.

October 28, 2021 Joint Pretrial Stipulation must be filed.

November 11, 2021 Proposed jury instructions and/or proposed findings 

of fact and conclusions of law must be filed.

November 18, 2021 Calendar Call

November 22, 2021 Beginning of two-week trial period

DONE AND ORDERED in Chambers at Miami, Florida, 21st day of 

September, 2020.

____________________________________ 

JOSE E. MARTINEZ 

UNITED STATES DISTRICT JUDGE

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