United States District Court, D. Massachusetts
AKAMAI TECHNOLOGIES, INC., Plaintiff and Counterclaim Defendant,
LIMELIGHT NETWORKS, INC., Defendant and Counterclaim Plaintiff.
A. O'Toole, Jr. United States District Judge.
the initial scheduling conference, pursuant to Rule 16(b) of
the Federal Rules of Civil Procedure and Local Rules 16.1(F)
and 16.6(B), the Court adopts the following schedule for both
parties' patent infringement claims. In this Order, the
word "patentee" refers to the relevant patent
holder for each particular infringement claim, and the term
"accused infringer" refers to the relevant opposing
party for each particular infringement claim.
hereby ORDERED that:
Initial disclosures, if not already exchanged, shall be
served on either party by July 1, 2016. All
amendments to pleadings and joinder of additional parties
shall be filed and served by December 2,
Preliminary Infringement Disclosure
later than September 23, 2016, the patentee
shall serve and file preliminary disclosure of infringement
claims. The patentee shall specify which patent claims are
alleged to be infringed and identify the accused product(s)
or method(s) that allegedly infringe those claims. The
patentee shall also specify whether the alleged infringement
is literal or falls under the doctrine of equivalents. If the
patentee has not already done so, the patentee shall produce
all documents supporting its contentions and/or identify any
such supporting documents produced by the accused infringer.
Such disclosures may be amended and supplemented up to thirty
(30) days before the date of the Markman Hearing.
Preliminary Invalidity and Non-Infringement Disclosures
later than November 4, 2016, the accused
infringer shall serve and file preliminary invalidity and
non-infringement contentions. The accused infringer shall
identify prior art that anticipates or renders obvious the
identified patent claims in question and, for each such prior
art reference, shall specify whether it anticipates or is
relevant to the obviousness inquiry. If applicable, the
accused infringer shall also specify any other grounds for
invalidity, such as indefiniteness, best mode, enablement,
written description, or unpatentability. If the accused
infringer has not already done so, the accused infringer
shall produce documents relevant to the invalidity defenses
and/or identify any such supporting documents produced by the
patentee. Further, if the accused infringer has not already
done so, the accused infringer shall produce documents
sufficient to show operation of the accused product(s) or
method(s) that the patentee identified in its preliminary
infringement disclosures. Such disclosures may be amended and
supplemented up to thirty (30) days before the date of the
Exchange List of Claim Terms
later than January 27, 2017, the parties
shall simultaneously exchange a list of claim terms to be
construed and proposed constructions. The parties shall also
exchange intrinsic evidence in support of their respective
claim constructions on that date.
Preliminary Claim Construction Briefs
later than February 17, 2017, the parties
shall simultaneously exchange and file preliminary claim
construction briefs. Each brief shall contain a list of terms
construed, the party's proposed construction of each
term, and evidence and argument supporting each construction.
Absent leave of Court, preliminary claim construction briefs
shall be limited to 25 ...