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U.S. District Judge Ward issues Order Amending the Docket Control Order governing the scheduling pertaining to these cases as follows:
(1) The discovery deadline is moved from October 28, 2010, to November 23, 2010;
(2) The deadline for Parties with the burden of proof concerning the ’802 and ’222 patents to designate expert witnesses / submit expert reports regarding invalidity or infringement issues relating to those particular patents is moved from October 29, 2010 to November 5, 2010;
(3) The deadline to submit an opening letter brief seeking permission to file a motion in limine for issues to be tried in the trial for which jury selection is scheduled for January 4, 2011 is extended from November 2, 2010 to November 19, 2010;
(4) The deadline for Parties with the burden of proof concerning the ’802 and ’222 patents to designate expert witnesses / submit expert reports regarding all other issues concerning those particular patents other than invalidity or infringement is moved from November 3, 2010 to November 8, 2010;
(5) The deadline for Parties with the burden of proof concerning antitrust counterclaims to designate expert witnesses / submit expert reports regarding those counterclaims is set at November 12, 2010;
(6) The deadline to submit an answering letter brief concerning a request for permission to file a motion in limine for issues to be tried in the trial for which jury selection is scheduled for January 4, 2011 is extended from November 10, 2010 to November 24, 2010;
(7) The deadline for Parties with the burden of proof concerning the ’323 and the ’759 patent to designate expert witnesses / submit expert reports concerning all issues concerning those particular patents, is moved from November 10, 2010 to December 13, 2010;
(8) The deadline to submit a reply letter brief concerning a request for permission to file a motion in limine for issues to be tried in the trial for which jury selection is scheduled for January 4, 2011 is extended from November 16, 2010 to November 29, 2010;
(9) The deadline for rebuttal expert witness designations / expert reports concerning the ’802 and ’222 patents is extended from December 2, 2010 to December 6, 2010, except that Defendants’ rebuttal damages report(s) concerning the ‘802 and ‘222 patents will be due December 9, 2010;
(10) The deadline for rebuttal expert witness designations / expert reports regarding antitrust counterclaims is set at December 9, 2010;
(11) The deadline for Plaintiff to identify trial witnesses for the trial for which jury selection is scheduled for January 4, 2011 is extended from November 10, 2010 to December 7, 2010;
(12) The deadline for Defendants to identify trial witnesses for the trial for which jury selection is scheduled for January 4, 2011 is extended from November 17, 2010 to December 10, 2010;
(13) The deadline for rebuttal expert witness designations / expert reports regarding all issues concerning the ’323 and ’759 patents, is moved from December 6, 2010 to January 17, 2011;
(14) The time period during which Parties are to make experts available for deposition regarding all issues concerning the expert reports for the ’802 and ’222 patents and antitrust counterclaims is set at December 7, 2010 to December 17, 2010. The Parties will confer no later than November 12, 2010, about a schedule for these depositions to the extent practical to do so;
(15) The deadline to file motions in limine for the trial for which jury selection is scheduled for January 4, 2011 is extended from December 10, 2010 to December 13, 2010;
(16) The deadline for the Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict for all issues to be tried in the trial for which jury selection is scheduled for January 4, 2011 is extended from December 10, 2010 to December 13, 2010;
(17) The deadline to submit an opening letter brief seeking permission to file a motion in limine for issues to be tried in the trial for which jury selection is scheduled for February 7, 2011 is set at December 30, 2010;
(18) The deadline to submit an answering letter brief concerning a request for permission to file a motion in limine for issues to be tried in the trial for which jury selection is scheduled for February 7, 2011 is set at January 6, 2011;
(19) The deadline to submit a reply letter brief concerning a request for permission to file a motion in limine for issues to be tried in the trial for which jury selection is scheduled for February 7, 2011 is set at January 11, 2011;
(20) The time period during which Parties are to make experts available for deposition regarding all issues concerning the expert reports for the ’323 and ’759 patents is moved from the period December 2, 2010 to December 15, 2010 to the period January 18, 2011 to January 28, 2011.
The Parties will confer no later than December 17, 2010, about a schedule for these depositions to the extent practical to do so;
(21) The deadline for Plaintiff to identify trial witnesses for the trial for which jury selection is scheduled for February 7, 2011 is set at January 19, 2011;
(22) The deadline for Defendants to identify trial witnesses for the trial for which jury selection is scheduled for February 7, 2011 is set at January 24, 2011;
(23) The deadline to file motions in limine for the trial for which jury selection is scheduled for February 7, 2011 is set at January 24, 2011;
(24) The deadline for the Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict for all issues to be tried in the trial for which jury selection is scheduled for February 7, 2011 is set at January 24, 2011;
(25) The deadline to file motions to strike expert testimony and/or Daubert motions relating to issues to be tried in the trial for which jury selection is scheduled for February 7, 2011 is set at January 21, 2011, and any responses to any such motions to strike expert testimony and/or Daubert motions are due seven (7) calendar days after any such motion is filed.
Additionally, Wi-LAN will make the following deponents available for deposition on the indicated date(s):
(1) The deposition of Jim Skippen will go forward in New York on November 22-23, 2010;
(2) The deposition of Curt Dodd on previously-identified Rule 30(b)(6) topics will go forward in New York on November 9-10, 2010; and
(3) The deposition of Jung Yee will go forward in New York on December 1- 2, 2010.
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