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Case No. 17-CV-00220-LHK

CASE MANAGEMENT ORDER

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION, 

Plaintiff,

v.

QUALCOMM INCORPORATED, 

Defendant.

Case No. 17-CV-00220-LHK 

CASE MANAGEMENT ORDER

Plaintiff’s Attorney: Jennifer Milici

Defendant’s Attorneys: Robert Van Nest, Gary Bornstein, Brent Byars

A further case management conference was held on October 24, 2018.

Each side shall be limited to three motions in limine in addition to the two Daubert 

motions/motions to strike that each side has already filed. Motions in limine and oppositions shall 

be limited to three pages each. No replies are permitted.

By November 8, 2018, the parties shall exchange a preliminary list of up to 500 exhibits 

per side. By November 21, 2018, the parties shall exchange a supplemental list of up to 150 

additional exhibits per side. By November 27, 2018, the parties shall exchange a final pretrial list 

of up to 450 exhibits per side. At trial, the parties shall be limited to 250 joint exhibits total plus 

150 exhibits per side.

Pretrial briefs are limited to 25 pages each. Post-trial briefs are limited to 35 pages each.

Case 5:17-cv-00220-LHK Document 922 Filed 10/24/18 Page 1 of 2
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Case No. 17-CV-00220-LHK

CASE MANAGEMENT ORDER

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United States District Court

Northern District of California

The bench trial will be 10 days. Each side is limited to 25 hours for evidence. Each side is 

limited to 30 minutes for opening statements.

The Court set the following deadlines for high priority objections to demonstratives, 

exhibits, deposition testimony, and live testimony during trial. Although demonstratives are not 

evidence and generally are not admitted at trial absent stipulation of the parties, the Court refers to 

demonstratives, exhibits, deposition testimony, and live testimony as “HPO evidence” hereafter in 

this order. By 8:00 a.m. two days before the HPO evidence will be introduced or used at trial, the 

parties shall exchange the HPO evidence. By 7:00 p.m. that same day, the parties shall meet and 

confer in person to discuss objections to the HPO evidence and to try to narrow or eliminate their 

disputes. By 8:00 a.m. one day before the HPO evidence will be introduced or used at trial, the 

parties shall concurrently file no more than 6 pages of up to 10 high priority objections per side 

and responses to the opposing party’s high priority objections. The Court will provide a ruling on 

the objections by that evening. 

Joint sealing motions may be filed the day after a document for which the parties seek 

sealing is filed. 

Regarding the issue of a permanent injunction, the Court set a briefing schedule on 

whether supplemental discovery, including Qualcomm’s introduction of evidence created after the 

March 30, 2018 close of fact discovery, will be allowed. The parties’ briefs regarding 

supplemental discovery shall be limited to four pages and shall be filed according to the schedule 

below.

The Court set the following case schedule:

Scheduled Event Date

Due Date of Simultaneous Briefs Regarding PostDiscovery EvidenceOctober 31, 2018

Due Date of Simultaneous Response Briefs Regarding 

Post-Discovery Evidence

November 7, 2018

Final Pretrial Conference December 13, 2018, at 1:30 p.m. 

Jury/Bench Trial January 4, 2019, at 9:00 a.m. 

Length of Trial 10 days

IT IS SO ORDERED.

Dated: October 24, 2018

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 922 Filed 10/24/18 Page 2 of 2