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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
`SMITH INTERFACE TECHNOLOGIES,
`LLC,
`
`v.
`APPLE, INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No.: 3:23-cv-1187-TWR-DTF
`
`CASE MANAGEMENT ORDER
`REGULATING DISCOVERY AND
`OTHER PRETRIAL PROCEEDINGS
`IN A PATENT CASE
`
`On or before June 11, 2024, each party claiming patent infringement shall
`1.
`separately serve on all parties a Disclosure of Asserted Claims and Preliminary
`Infringement pursuant to Patent L.R. 3.1 and produce documents as required by Patent
`L.R. 3.2.
`On or before August 19, 2024, each party opposing a claim of infringement
`2.
`shall serve Invalidity Contentions pursuant to Patent L.R. 3.3 and produce documents as
`required by Patent L.R. 3.4.
`3.
`Any motion to join other parties, to amend the pleadings, or to file additional
`pleadings shall be filed by August 16, 2024.
`On or before September 3, 2024, the parties shall exchange Preliminary
`4.
`Claim Constructions pursuant to Patent L.R. 4.1(a) and identify extrinsic evidence as
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`3:23-cv-1187-TWR-DTF
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`APPLE 1022
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`Case 3:23-cv-01187-TWR-DTF Document 102 Filed 06/20/24 PageID.6497 Page 2 of 7
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`required by Patent L.R. 4.1(b).
`On or before September 17, 2024, the parties shall exchange Responsive
`5.
`Claim Constructions pursuant to Patent L.R. 4.1(c) and identify extrinsic evidence as
`required by Patent L.R. 4.1(d).
`On or before October 1, 2024, parties shall complete and file a Joint Claim
`6.
`Construction Chart, Joint Claim Construction Worksheet, and Joint Hearing Statement
`pursuant to Patent L.R. 4.2.
`7.
`The deadline for filing, as of right, Amended Infringement Contentions by a
`party claiming infringement is October 1, 2024. See Patent L.R. 3.6(a).
`8.
`All discovery intended for use in the Claim Construction Hearing must be
`completed by October 29, 2024. See Patent L.R. 4.3.
`9.
`The deadline for filing, as of right, Amended Invalidity Contentions by the
`party opposing infringement is October 29, 2024. See Patent L.R. 3.6(b)
`10. On or before November 12, 2024, the parties must file simultaneously their
`Opening Claim Construction Briefs. See Patent L.R. 4.4(a).
`11. On or before November 26, 2024, the parties must file simultaneously their
`Responsive Claim Construction Briefs. See Patent L.R. 4.4(b).
`The Claim Construction and tutorial hearing will be held December 12,
`12.
`2024, at 1:30 PM before Todd W. Robinson. See Patent L.R. 4.5.
`13. Not later than thirty (30) days after the filing of the Claim Construction
`Order, any party relying upon advice of counsel as part of a patent-related claim or
`defense for any reason must make the disclosures required by Patent L.R. 3.7
`14. A party asserting infringement must serve final amended infringement
`contentions, within the meaning of Patent L.R. 3.6(a)(1), not later than thirty (30) days
`after service of the Court’s Claim Construction Ruling.
`15. A party opposing a claim of infringement must serve final amended
`invalidity contentions, within the meaning of Patent L.R. 3.6(b)(2), not later than fifty
`(50) days after service of the Court’s Claim Construction ruling.
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`Case 3:23-cv-01187-TWR-DTF Document 102 Filed 06/20/24 PageID.6498 Page 3 of 7
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`16. The initial date for the substantial completion of document discovery
`including electronically stored information (“ESI”) is February 10, 2025. See Patent
`L.R. 2.1(a)(1).
`17. All fact discovery shall be completed by all parties on or before February
`10, 2025.
`18. All expert disclosures required by Fed. R. Civ. P. 26(a)(2) shall be served on
`all parties on or before March 3, 2025. Any contradictory or rebuttal disclosures within
`the meaning of Rule 26(a)(2)(D)(ii) shall be disclosed on or before April 30, 2025.
`Unless otherwise stipulated by the parties, the required expert disclosures shall include an
`expert report as required by Rule 26(a)(2)(B). If a written report is not required, the
`disclosure must provide the information required under Rule 26(a)(2)(c).
`19. All discovery, including expert discovery, shall be completed by all parties
`on or before May 28, 2025. “Completed” means that interrogatories, requests for
`production, and other discovery requests must be served at least thirty (30) days prior to
`the established cutoff date so that response thereto will be due on or before the cutoff
`date. All subpoenas issued for discovery must be returnable on or before the discovery
`cutoff date. All disputes concerning discovery shall be brought the attention of the
`Magistrate Judge no later than forty-five (45) days following the date upon which the
`event giving rise to the dispute occurred. Counsel are required to meet and confer
`regarding all discovery disputes pursuant to the requirements of Local Rule 26.1(a).
`Counsel are to comply with the chambers rules of the Magistrate Judge in bringing
`discovery before the court.
`20. All other dispositive motions, including those addressing Daubert issues,
`shall be FILED on or before June 25, 2025. Please be advised that counsel for the
`moving party must obtain a motion hearing date from the law clerk of the judge who will
`hear the motion. Failure of counsel to timely request a motion date may result in the
`motion not being heard. Motions in Limine are to be filed as directed in the Local Rules,
`or as otherwise set by Judge Todd W. Robinson.
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`21. Briefs or memoranda in support of or in opposition to any pending motion
`shall not exceed twenty-five (25) pages in length without permission of the judge or
`magistrate judge who will hear the motion. No reply memorandum shall exceed ten (10)
`pages without leave of the judge or magistrate judge who will hear the motion.
`22. A Mandatory Settlement Conference shall be conducted on January 13,
`2025, at 9:30 a.m., in the chambers of Magistrate Judge D. Thomas Ferraro. Counsel
`shall submit confidential settlement statements directly to chambers no later than
`January 6, 2025. Each party’s settlement statement shall set forth the party’s statement
`of the case, identify controlling legal issues, concisely set out issues of liability and
`damages, and shall set forth the party’s settlement position, including the last offer or
`demand made by that party, and a separate statement of the offer or demand the party is
`prepared to make at the settlement conference. Settlement conference briefs shall not be
`filed with the Clerk of the Court, nor shall they be served on opposing counsel.
`23. Pursuant to Local Civil Rule 16.3, all party representatives and claims
`adjusters for insured defendants with full and unlimited authority to negotiate and enter
`into a binding settlement, as well as the principal attorney(s) responsible for the litigation,
`must be present and legally and factually prepared to discuss and resolve the case at the
`mandatory settlement conference. Retained outside corporate counsel shall not appear on
`behalf of a corporation as the party who has the authority to negotiate and enter into a
`settlement. Failure to attend the conference or obtain proper excuse will be considered
`grounds for sanctions.
`In order to identify the claims to be tried and eliminate delay and surprise at
`24.
`trial, the Court enters the following pretrial order pursuant to Fed. R. Civ. P. 16.
`25. Parties are excused from the requirement of Local Rule 16.1(f)(2)(a); no
`Memoranda of Law or Contentions of Fact are to be filed.
`26. All parties or their counsel shall fully comply with the Pretrial Disclosure
`requirements of Fed. R. Civ. P. 26(a)(3) on or before September 25, 2025. Failure to
`comply with these disclosures requirements could result in evidence preclusion or other
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`sanctions under Fed. R. Civ. P. 37.
`27. Pursuant to Local Civil Rule 16.1(f)(4), on or before October 2, 2025, the
`parties shall meet and confer to comply with the provisions of that section and prepare a
`proposed pretrial order in accordance with Local Rule 16.1(f)(6)(c), and containing the
`following:
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`A joint neutral statement to be read to the jury, not in excess of one
`a.
`page, of the nature of the case and the claims and defenses.
`A list of the causes of action to be tried, referenced to the Complaint
`b.
`[and Counterclaim if applicable]. For each cause of action, the order shall succinctly list
`the elements of the claim, damages and any defenses. A cause of action in the Complaint
`[and/or Counterclaim] which is not listed shall be dismissed with prejudice.
`A list, in alphabetical order, of:
`c.
`Each witness counsel actually expect to call at trial with a brief
`i.
`statement, not exceeding four sentences, of the substance of the
`witnesses’ testimony.
`Each expert witness counsel actually expect to call at trial with
`a brief statement, not exceeding four sentences, of the substance
`of the expert witnesses’ testimony.
`Additional witnesses, including experts, counsel do not expect
`to call at this time but reserve the right to call at trial along with
`a brief statement, not exceeding four sentences, of the substance
`of the witnesses’ testimony.
`A list of:
`All exhibits that counsel actually expect to offer at trial with a
`i.
`one-sentence description of the exhibit. All exhibits are to be
`identified numerically, plaintiff starting with “1” and defendant
`beginning with an agreed upon numerical designation.
`All other exhibits that counsel do not expect to offer at this time
`
`d.
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`ii.
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`ii.
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`iii.
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`but reserve the right to offer if necessary at trial with a one-
`sentence description of the exhibit.
`A statement of all facts to which the parties stipulate. This statement
`e.
`shall be on a separate page and will be read to and provided to the jury.
`A list of all deposition transcripts by page and line, or videotape
`f.
`depositions by section, that will be offered at trial.
`Counsel will note any objections they have to any other parties’ Fed.
`g.
`R. Civ. P. 26 (a)(3) Pretrial Disclosures.
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`The Court encourages the parties to consult with the assigned magistrate judge to
`work out any problems in preparation of the proposed pretrial order. Judge Todd W.
`Robinson will entertain any questions concerning the conduct of the trial at the pretrial
`conference.
`27. Counsel for plaintiff will be responsible for preparing the pretrial order and
`arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f)(6)(a). On or
`before October 9, 2025, plaintiff’s counsel must provide opposing counsel with the
`proposed pretrial order for review and approval. Opposing counsel must communicate
`promptly with plaintiff’s attorney concerning any objections to form or content of the
`pretrial order, and both parties should attempt promptly to resolve their differences, if
`any, concerning the order.
`28. The proposed final pretrial conference order, including objections counsel
`have to any other party’s Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared,
`served and lodged with Judge Todd W. Robinson chambers on or before October 16,
`2025, and shall be in the form prescribed in and in compliance with Local Rule
`16.1(f)(6)(c). Counsel shall also bring a court copy of the pretrial order to the pretrial
`conference.
`29. The final pretrial conference shall be held before the Honorable Todd W.
`Robinson, United States District Court Judge, on October 23, 2025 at 1:30 p.m., during
`which time the Court will address the submission of motions in limine, trial briefs,
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`proposed voir dire and jury instructions and the trial schedule.
`30. The dates and times set forth herein will not be modified except for good
`cause shown.
`31. Plaintiff’s counsel shall serve a copy of this order on all parties that enter
`this case hereafter.
`IT IS SO ORDERED.
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`Dated:
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`_______________________________
`Hon. D. Thomas Ferraro
`United States Magistrate Judge
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`June 20, 2025
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