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MINUTE ORDER SETTING TRIAL DATE & RELATED DATES - 1

UNITED STATES DISTRICT COURT

 WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

EON-NET, L.P.,

Plaintiff,

v.

FLAGSTAR, INC.,

Defendant.

Case No. C05-2129RSM

MINUTE ORDER SETTING TRIAL

DATE & RELATED DATES

TRIAL DATE May 11, 2009

Statement of asserted claims and preliminary infringement

contentions due

February 27, 2008

Statement of preliminary invalidity contentions April 2, 2008

Deadline for joining additional parties and amending pleadings April 13, 2008

Reports from expert witnesses, if any, regarding Markman issues July 25, 2008

Rebuttal expert reports, if any, regarding Markman issues August 24, 2008

Joint claim chart due September 5, 2008

Opening claim construction briefs due (24 page limit) September 19, 2008

Responsive claim construction briefs due (24 page limit) October 3, 2008

Markman hearing at 9:00 a.m. on October 23, 2008

Reports from expert witnesses under FRCP 26(a)(2) due November 22, 2008

Rebuttal expert reports due December 22, 2008

All motions related to discovery must be noted on the motion 

calendar no later than the Friday before discovery closes 

pursuant to CR7(d)(3) or CR37(a)(2)(B)

Discovery completed by January 21, 2009

Case 2:05-cv-02129-RSM Document 114 Filed 02/14/2008 Page 1 of 5
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MINUTE ORDER SETTING TRIAL DATE & RELATED DATES - 2

All dispositive motions must be filed by

and noted on the motion calendar no later than the

fourth Friday thereafter (see CR 7(d))

February 10, 2009

Settlement conference per CR 39.1(c)(2) held no later than March 12, 2009

Mediation per CR 39.1(c)(3) held no later than April 11, 2009

All motions in limine must be filed by 

and noted on the motion calendar seven judicial days

thereafter pursuant to CR7(d)(2)

April 13, 2009

Agreed pretrial order due April 29, 2009

Pretrial conference to be scheduled by the Court

Trial briefs, proposed voir dire questions, proposed 

jury instructions, and trial exhibits due

May 6, 2009

Length of Trial: [4-7 days] Jury [Jury Trial (XXX)]

These dates are set at the direction of the Court after reviewing the joint status report and

discovery plan submitted by the parties. All other dates are specified in the Local Civil Rules. 

If any of the dates identified in this Order or the Local Civil Rules fall on a weekend or federal

holiday, the act or event shall be performed on the next business day. These are firm dates that

can be changed only by order of the Court, not by agreement of counsel or the parties. The

Court will alter these dates only upon good cause shown: failure to complete discovery within

the time allowed is not recognized as good cause.

If the Markman hearing or trial dates assigned to this matter create an irreconcilable

conflict, counsel must notify Lowell Williams or Laurie Cuaresma, at 206-370-8521 within 10

days of the date of this Order and must set forth the exact nature of the conflict. A failure to do

so will be deemed a waiver. Counsel must be prepared to begin trial on the date scheduled, but

it should be understood that the trial may have to await the completion of other cases.

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MINUTE ORDER SETTING TRIAL DATE & RELATED DATES - 3

ELECTRONIC FILING

Counsel are STRONGLY ENCOURAGED to electronically file all documents with the

Court. Documents filed electronically are instantly filed and the Court has immediate access to

the papers. Documents filed in paper form have to be labeled, scanned, and then docketed in the

Clerk’s Office. That can, and likely will, result in a delay of several days before the document is

posted on the docket sheet. 

TECHNICAL ADVISOR

The parties shall, within fourteen days of the date of this Order, confer and inform the

Court whether the nature of the invention and the factual/technical issues that are likely to be in

dispute justify the appointment of a technical advisor to assist the Court during the claim

construction proceedings, and/or the trial of this matter. If the parties believe such an advisor

would be helpful to the Court, they shall submit the resumes of three qualified individuals who

are willing to serve as a technical advisor in this matter.

CLAIM CONSTRUCTION PROCEDURES

Prior to submission of the Joint Claim Chart, the parties shall exchange preliminary

proposed constructions for each disputed claim term and provide a preliminary identification of

any extrinsic evidence that supports a particular construction. If the extrinsic evidence is

documentary, a copy shall be provided to the opposing party: if the evidence is testamentary, a

brief description of the witness’ proposed testimony must be produced. After reviewing the

preliminary submissions, the parties shall meet to narrow the disputed issues and finalize the

Joint Claim Chart. The Court expects the terms presented in the Joint Claim Chart to be truly in

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MINUTE ORDER SETTING TRIAL DATE & RELATED DATES - 4

dispute and further expects that the preliminary disclosures discussed above will help narrow the

terms in dispute.

The Joint Claim Chart shall be formatted as provided in the sample chart found at the end

of this Order. The Chart must include each party’s proposed construction of disputed terms,

together with specific references to the relevant portions of the specification and prosecution

history on which the party relies and descriptions of any supporting extrinsic evidence. By the

time the Joint Claim Chart for each patent is filed, all allegations of infringement must be

revealed and the Court will not consider new allegations of infringement without the asserting

party showing good cause. 

COOPERATION

As required by CR 37(a), all discovery matters are to be resolved by agreement if

possible. Counsel are further directed to cooperate in preparing the Joint Claim Chart and final

pretrial order in the format required by CR 16.1, except as ordered below. 

EXHIBITS

The original and one copy of any exhibits to be used at the Markman hearing and/or trial

are to be delivered to chambers five days before the hearing or trial date. Each exhibit shall be

clearly marked. Exhibit tags are available in the Clerk’s Office. The Court hereby alters the CR

16.1 procedure for numbering exhibits: plaintiff’s exhibits shall be numbered consecutively

beginning with 1; defendant’s exhibits shall be numbered consecutively beginning with 500. 

Duplicate documents shall not be listed twice: once a party has identified an exhibit in the

pretrial order, any party may use it. Each set of exhibits shall be submitted in a three-ring binder

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ORDER SETTING TRIAL DATE & RELATED DATES - 5

with appropriately numbered tabs.

SETTLEMENT

 Should this case settle, counsel shall notify Lowell Williams or Laurie Cuaresma as soon

as possible at 206-370-8521. Pursuant to GR 3(b), an attorney who fails to give the Deputy

Clerk prompt notice of settlement may be subject to such discipline as the Court deems

appropriate.

DATED this 14th day of February, 2008.

A

RICARDO S. MARTINEZ

UNITED STATES DISTRICT JUDGE

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