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Verasonics, Inc. v. Supersonic Imagine, S.A.

United States District Court, W.D. Washington, Seattle

May 22, 2018

VERASONICS, INC., Plaintiff,
v.
SUPERSONIC IMAGINE, S.A., Defendant.

          MINUTE ORDER

         The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:

         (1) Defendant's motion to dismiss complaint, docket no. 27, is DENIED. The Court is satisfied that plaintiff's complaint is sufficiently pleaded. Even if the complaint was deficient, plaintiff would be granted leave to amend, and thus, entering judgment in favor of defendant, as requested in its motion, would not be an appropriate remedy. See TeleSign Corp. v. Twilio, Inc., 2016 WL 4703873 at *4 (C.D. Cal. Aug. 3, 2016). The Court makes no ruling concerning whether and, if so, the extent to which, plaintiff is entitled to discovery before making the disclosure required by Local Patent Rule 120.

         (2) Having reviewed the parties' Joint Status Report, docket no. 32, and considered counsel's remarks during the scheduling conference held on May 4, 2018, the Court SETS the following dates and deadlines:

JURY TRIAL DATE (5 days)

March 2, 2020

Statement of asserted claims and preliminary infringement contentions due

June 29, 2018

Statement of preliminary non-infringement and invalidity contentions due

August 3, 2018

Deadline for joining additional parties

September 14, 2018

Parties to exchange preliminary proposed constructions of disputed claim terms and provide list of proposed extrinsic evidence

October 5, 2018

Joint Claim Chart and Prehearing Statement due

January 11, 2019

Parties to disclose reports from expert witnesses, if any, regarding Markman issues

January 11, 2019

Parties to disclose rebuttal expert reports, if any, regarding Markman issues

February 11, 2019

Deadline for completion of claim construction discovery and for amending pleadings

February 22, 2019

Opening claim construction briefs (not to exceed 24 pages in length) must be filed by

February 28, 2019

Responsive claim construction briefs (not to exceed 24 pages in length) must be filed by

March 15, 2019

If a claim construction (Markman) hearing is necessary, one will be set upon at least 20 days' notice to the parties.

Reports from expert witnesses pursuant to FRCP 26(a)(2) due

June 28, 2019

Rebuttal expert reports due

July 29, 2019

All discovery motions must be filed by (and noted on the motion calendar no later than the third Friday thereafter)

August 8, 2019

Discovery completed by

September 6, 2019

All dispositive motions must be filed by (and noted on the motion calendar no later than the fourth Friday thereafter; see LCR 7(d))

October 10, 2019

All motions in limine must be filed by (and noted on the motion calendar for the Friday before the Pretrial Conference)

January 30, 2020

Agreed pretrial order due

February 14, 2020

Trial briefs, proposed voir dire questions, proposed jury instructions, and trial exhibits due

February 14, 2020

Pretrial Conference at 10:00 a.m. on

February 21, 2020

         (3) All other dates and deadlines are specified in the Local Civil Rules or the Federal Rules of Civil Procedure. The dates set forth in this Minute Order are firm dates, which can be changed only by order of the Court, and 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 dates assigned to this matter create an irreconcilable conflict, counsel must notify Karen Dews at 206-370-8830, within 14 days of the date of this Minute Order and explain the exact nature of the conflict. 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 might have to await the completion of other cases.

         (4) Mediation: Pursuant to Local Civil Rule 39.1(c), the Court designates this matter for mandatory mediation. The parties shall engage in mediation no later than August 1, 2019.

         (5) Exhibits: Exhibits shall be clearly marked. Exhibit tags are available in the Clerk's Office. Plaintiff's exhibits shall be numbered consecutively beginning with 1. Defendant's exhibits shall be numbered consecutively beginning with the next multiple of 100 after plaintiff's last exhibit. For example, if plaintiff's last exhibit is numbered 159, then defendant's exhibits shall begin with the number 200. The parties shall avoid identifying a document with more than one exhibit number or otherwise duplicating materials. 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 with appropriately numbered tabs.

         (6) Settlement: If the parties reach a settlement in principle, counsel shall immediately ...


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