Tuesday, August 26, 2014 11:07:39 PM
WHEREAS, the Scheduling Order was based, in part, on the anticipated trial in the related International Trade Commission Investigation No. 337-T A-868 occurring in December 2013;
WHEREAS, the trial in the International Trade Commission Investigation No. 337-TA-868 was moved to February 2014;
WHEREAS, fact discovery in these cases is currently set to close on February 14, 2014;
WHEREAS, the Court has moved the Markman hearing from December 5, 2013 to March 12, 2014, a date which is only two weeks prior to the deadline for initial expert reports;
WHEREAS, the parties would like to move the deadlines for expert discovery so that the experts will have the benefit of the Court's claim construction prior to the exchange of expert reports;
WHEREAS, the change in the trial date for the International Trade Commission Investigation has created a conflict with fact discovery in this matter, making it difficult to schedule depositions while the parties prepare for and participate in the International Trade
Commission trial;
WHEREAS, there is not sufficient room in the schedule to accommodate an extension of fact and expert discovery to allow for the parties' participation in the International Trade Commission trial and the orderly completion expert discovery following the Court's claim construction without moving the trial date;
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