B. DISCOVERY PLAN PURSUANT TO FRCP 26(f)(3)

Pursuant to Federal Rule of Civil Procedure 26(f), the Parties submit the following

discovery plan:

1. Initial Disclosures (FRCP 26(f)(3)(A))

The parties will exchange initial disclosures on March 31, 2016.

2. Subject Matter On Which Discovery Will Be Needed (FRCP 26(f)(3)(B))

The Parties intend to propound written discovery in the form of interrogatories, requests

for production, and requests for admissions. The Parties also intend to conduct depositions of

each other and may also take the depositions of certain third parties.

a. Plaintiff

Plaintiff will seek discovery of the following matters:

(1) Typical patent infringement discovery, including without limitation, the identity of

the accused products and the design, structure, function, operation and use of the

accused products. Such information may include, without limitation, supplier,

manufacturer and/or contractor information, downstream distributor and/or

customer information, specifications, drawings, designs, machine code, source

code, and firmware or software functionality, together with their associated

documentation;

(2) Damages, including without limitation, sales and other financial information

relating to the accused products. Such information may include, without

limitation, patent licenses, distributor and customer information, revenue, cost and

expense information related to the accused products;

(3) Defendant’s knowledge of and efforts to avoid infringement of the patents-in-suit,

including but not limited to internal and third-party communications related thereto;

(4) Purported invalidity of the patents-in-suit based on 35 U.S.C. §§ 102, 103, and/or

112; the purported prior art; and the conception, reduction to practice, and

publication of the purported prior art; and,

(5) The basis for any and all affirmative defenses and/or invalidity contentions

asserted by Defendant in this matter.

Plaintiff reserves the right to amend these subjects pending discovery in this matter.

b. Defendant

Defendant will seek discovery relating to each of Plaintiff's allegations in its Complaint

and relating to Defendant’s Defenses. Specifically, Defendant intends to seek discovery

including, but not limited to, the following:

(1) The asserted patents, including, but not limited to prior art, invalidity analyses,

conception, reduction to practice, prosecution history, assignment history and

ownership alleged infringement analyses and inequitable conduct analyses;

(2) Plaintiff’s licenses of the asserted patents and the practices of the licensees that

allegedly embody the asserted patents;

(3) Plaintiff’s relationships and actions with manufacturers, suppliers, and customers

of products alleged to embody the asserted patents;

(4) Plaintiff’s correspondence with manufacturers, suppliers and customers of

products alleged to embody the asserted patents;

(5) Plaintiff’s cease and desist or demand correspondence regarding the asserted

patents;

(6) Plaintiff’s allegations of damages, including, but not limited to license agreements,

royalties, market conditions, and profits.

Defendant reserves the right to amend the subjects for discovery pending further discovery

in this matter.

OTHER:

XII. Settlement and ADR

The parties filed their stipulation and [proposed] order selecting ADR Process on March

2, 2016 and have stipulated to a private mediation. (ECF No. 26.) The parties have had a number of settlement discussions and believe there is a high likelihood that the parties can settle this matter. To position the Parties to negotiate a resolution, Plaintiff will need discovery on, at a minimum, Defendant’s sales, including products sales and subscription services.

XIII. Consent to Magistrate Judge For All Purposes

The Parties do not consent to have a magistrate judge conduct all further proceedings

including trial and entry of judgment.

XIV. Other References

The Parties do not believe that this case is suitable for reference to binding arbitration, a

special master, or the Judicial Panel on Multidistrict Litigation

XV. Narrowing of Issues

The Parties do not believe that there are any issues that can be narrowed at this time.

XVI. Expedited Trial Procedure

The Parties do not believe that this case can be handled under the Expedited Trial

Procedure.

XVII. Scheduling

The Parties request that the Court enter their proposed schedule which is attached as

Exhibit A.

XVIII. Trial

The Parties agree that this matter should be tried before a jury. e.Digital estimates that

trial will take 5 to 7 court days. Defendants estimate that trial will take 10 to 14 Court days given

that there are five patents at issue.

It proceeds with discussion...

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