http://www.ptsc.com/news/press_releases/20070330.asp
Patriot Scientific Announces Patent Litigation Timeline
CARLSBAD, Calif., March 30, 2007
The following is an unofficial summary of important dates in the Patent Infringement Litigation pending in the Eastern District of Texas, which is provided by counsel for Patriot Scientific:
- May 3, 2007: Claim Construction Hearing - 9:00 a.m. in Marshall, Texas. This is an important event from the standpoint of interpreting and assessing the scope of the patent claims. The Defendants' invalidity contentions and the factual questions of what products actually infringe would still remain to be litigated by motions or at trial.
- The Claim Construction Hearing ruling may not issue for approximately 30 days or more after the hearing. Most deadlines after that are measured from the Court's Patent Claim Construction ruling.
- 15 Days after Claim Construction Ruling: Party with the Burden of Proof to Designate Expert Witnesses; Expert Witness Report Due.
- 15 Days After Claim Construction Ruling: Deadline to Comply with P.R. 3-8 (willful infringement; reliance on counsel defense disclosure)
- 30 Days After Claim Construction Ruling: Designate Rebuttal Expert Witnesses; Expert Witness Report Due
- 30 Days After Claim Construction Ruling: Final Infringement Contentions If Warranted Under P.R. 3-6(a) (amending infringement contentions if warranted following claims construction ruling)
- 50 Days After Claim Construction Ruling: Designate Final Invalidity Contentions If Warranted Under P.R. 3-6(b)
- 60 Days After Claim Construction Ruling: Mediation to be Completed
- September 4, 2007: Discovery Deadline
- September 4, 2007: Deadline for Plaintiff to Identify Trial Witnesses
- September 14, 2007: Deadline for Filing Dispositive Motions
- September 18, 2007: Deadline for Defendant to Identify Trial Witnesses
- September 28, 2007: Deadline for Response to Dispositive Motions
- October 5, 2007: Deadline for Pretrial Disclosures
- 14 Days After Pretrial Disclosures: Deadline for Objections to Use of a Deposition Under Rule 32(a)
- October 9, 2007: Deadline for Joint Pretrial Order, Joint Proposed Jury Instructions and Form of the Verdict
- October 19, 2007: Pretrial Objections Due
- October 19, 2007 (or three days before final Pre-Trial Conference): Deadline for Motions in Limine
- October 23, 2007: Pretrial Conference - 1:30 p.m. in Marshall, Texas
- November 5, 2007: Jury Selection - 9:00 a.m. in Marshall, Texas. While trial dates are normally not firm, Patriot's counsel would expect those claims that proceed to trial to do so by the end of the year.