Case 1:11-cv-00797-RGA Document 196 Filed 11/06/12 Page 1 of 6 PageID #: 1125
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. 11-797-RGA
`
`))
`
`))
`
`)
`)
`
`))
`
`)
`
`FASTVDO LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC. et al,
`
`Defendants.
`
`ORDER GOVERNING PATENT MEDIATION
`CONFERENCES AND MEDIATION STATEMENTS
`
`THIS ORDER CONTAINS IMPORTANT INFORMATION WHICH
`SHOULD BE READ BY COUNSEL PRIOR TO PREPARATION OF A
`MEDIATION STATEMENT.
`
`At Wilmington this 6 day of November, 2012.
`th
`
`IT IS ORDERED that:
`
`MEDIATION CONFERENCE
`
`1.
`
` Mediation conferences are scheduled for Tuesday, December 11, 2012 beginning
`
`at 9:00 am with defendant DXG Technology USA Inc. only and Friday, January 11, 2013
`
`beginning at 9:00 a.m. with defendant Toshiba American Information Systems Inc. only. All
`
`required participants (see ¶ 2) are to report at this time to a location to later be determined by the
`
`Court and to remain available until excused by the Court. Dress for the mediation is business
`
`casual.
`
`REQUIRED PARTICIPANTS
`
`2.
`
`Each party must be represented at the mediation conference by the following required
`
`participants: (a) trial counsel; (b) counsel who is/are familiar with the case; and (c) the party/parties
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Civil Action No. 11-797-RGA
`
`))
`
`))
`
`)
`)
`
`))
`
`)
`
`FASTVDO LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC. et al,
`
`Defendants.
`
`ORDER GOVERNING PATENT MEDIATION
`CONFERENCES AND MEDIATION STATEMENTS
`
`THIS ORDER CONTAINS IMPORTANT INFORMATION WHICH
`SHOULD BE READ BY COUNSEL PRIOR TO PREPARATION OF A
`MEDIATION STATEMENT.
`
`At Wilmington this 6 day of November, 2012.
`th
`
`IT IS ORDERED that:
`
`MEDIATION CONFERENCE
`
`1.
`
` Mediation conferences are scheduled for Tuesday, December 11, 2012 beginning
`
`at 9:00 am with defendant DXG Technology USA Inc. only and Friday, January 11, 2013
`
`beginning at 9:00 a.m. with defendant Toshiba American Information Systems Inc. only. All
`
`required participants (see ¶ 2) are to report at this time to a location to later be determined by the
`
`Court and to remain available until excused by the Court. Dress for the mediation is business
`
`casual.
`
`REQUIRED PARTICIPANTS
`
`2.
`
`Each party must be represented at the mediation conference by the following required
`
`participants: (a) trial counsel; (b) counsel who is/are familiar with the case; and (c) the party/parties
`
`
`
`Case 1:11-cv-00797-RGA Document 196 Filed 11/06/12 Page 2 of 6 PageID #: 1126
`
`and/or decision maker(s) of the parties, who must have full authority to act on behalf of the parties,
`
`including the authority to negotiate a resolution of the matter and to respond to developments during
`
`the mediation process. Full authority means that those participants on behalf of a party should be
`
`able to make independent decisions and have a knowledge or understanding of the dispute and/or
`
`the business objectives/operations of their company to generate and consider solutions and/or to be
`
`able to address the negotiation dynamics in mediation. It is not just settlement authority, that is, to
`
`make an offer or to accept an amount.
`
`In-person attendance at the mediation conference by the participants described above
`
`is required unless otherwise authorized by the Court. Any request to modify this requirement shall
`
`be made in writing to the Magistrate Judge, with a copy to all counsel or pro se parties, no later than
`
`fourteen (14) days before the mediation conference.
`
`CONTACT INFORMATION FOR REQUIRED PARTICIPANTS
`
`3.
`
`(a)
`
`No later than the date on which mediation statements are due (see ¶ 4
`
`below), counsel shall provide to the court in a writing separate from the mediation statement, for
`
`each attorney who will be attending the mediation conference: (i) a direct dial telephone work
`
`number, (ii) a cell or home telephone number, and (iii) an electronic mail address where the attorney
`
`can be regularly reached. Unrepresented parties shall provide at least one of these three forms of
`
`contact information.
`
`EXCHANGE OF LIST OF PARTICIPANTS ATTENDING MEDIATION
`
`(b)
`
`No later than the date on which the mediation statements are due (see ¶
`
`4 below), counsel shall submit a list of all participants, including attorney and non-attorney
`
`representatives, who will be attending the mediation on behalf of their party, to the opposing party
`
`2
`
`
`
`Case 1:11-cv-00797-RGA Document 196 Filed 11/06/12 Page 3 of 6 PageID #: 1127
`
`or parties.
`
`CONFIDENTIAL MEDIATION STATEMENTS
`
`4.
`
`On or before Friday, November 30, 2012, plaintiff and defendant DXG Technology
`
`USA Inc. shall submit AN ORIGINAL and ONE COPY of a confidential mediation statement
`
`containing all of the information required by ¶ 6 shall be submitted ONLY to the Magistrate Judge.
`
` On or before Friday, December 28, 2012, plaintiff and defendant Toshiba American Information
`
`Systems Inc. shall submit AN ORIGINAL and ONE COPY of a confidential mediation statement
`
`containing all of the information required by ¶ 6 shall be submitted ONLY to the Magistrate Judge.
`
`The mediation statements shall not be filed with the Clerk's Office, nor emailed to Chambers
`
`without permission, but shall be delivered to the Clerk’s Office in an envelope addressed to U.
`
`S. Magistrate Judge Sherry R. Fallon and marked “CONFIDENTIAL MEDIATION
`
`STATEMENT.” The statements shall not be exchanged among the parties or counsel (unless the
`
`parties so desire), shall not be provided to the trial judge, and shall not become part of the record in
`
`this matter. Mediation statements shall NOT be electronically filed since they are not part of
`
`the Court record.
`
`5.
`
`The mediation statements may be in memorandum or letter form. They must be
`
`double-spaced, in no less than a 12-point font, and be no longer than twenty (20) pages.
`
`6.
`
`The mediation statements must contain each of the following headings and must
`
`contain a discussion of each of the topics described below:
`
`a)
`
`“The Parties”: provide a description of who the parties are, their relationship,
`
`if any, to each other, and by whom each party is represented, including the identity of all individuals
`
`who will be participating on behalf of a party during the mediation conference.
`
`3
`
`
`
`Case 1:11-cv-00797-RGA Document 196 Filed 11/06/12 Page 4 of 6 PageID #: 1128
`
`b)
`
`“Factual Background”: provide a brief factual background, clearly indicating
`
`which material facts are not in dispute and which material facts remain in dispute.
`
`c)
`
`“Summary of Applicable Law”:
`
`provide a brief summary of the law,
`
`including applicable statutes, cases and standards. Copies of any unreported decisions (including
`
`decisions from this jurisdiction) that counsel believes are particularly relevant should be included
`
`as exhibits (see ¶ 7).
`
`d)
`
`“Honest Discussion of Strengths and Weaknesses”: provide an honest
`
`discussion of the strengths and weaknesses of the party's claims and/or defenses.
`
`e)
`
`“Settlement Efforts”: provide a brief description of prior settlement
`
`negotiations and discussions, including the most recent offers or demands exchanged between the
`
`parties and the reasons for rejection, and the party's assessment as to why settlement has not been
`
`reached.
`
`f)
`
`“Settlement Proposal”: describe the party's proposed term(s) for a resolution.
`
`Further, identify any interests or issues not directly involved in this matter that may frustrate or
`
`further settlement. If the party has any suggestions as to how the Court may be helpful in reaching
`
`a resolution, such suggestions should also be described.
`
`g)
`
`“Fees and Costs”: list separately each of the following: (i) attorneys’ fees and
`
`costs incurred to date; (ii) other fees and costs incurred to date; (iii) good faith estimate of additional
`
`attorneys’ fees and costs to be incurred if this matter is not settled; and (iv) good faith estimate of
`
`additional other fees and costs to be incurred if this matter is not settled.
`
`In addition to the required topics described above, and provided that the mediation
`
`statement complies with the page limit stated above, counsel are encouraged to address any other
`
`4
`
`
`
`Case 1:11-cv-00797-RGA Document 196 Filed 11/06/12 Page 5 of 6 PageID #: 1129
`
`matter they believe may be of assistance to the Court.
`
`7.
`
`Crucial or pertinent documents may be submitted as exhibits to the mediation
`
`statement. Counsel are cautioned to limit such exhibits.
`
`CONFIDENTIALITY
`
`8.
`
`The contents of the mediation statements and the mediation conference
`
`discussions, including any resolution or settlement, shall remain confidential, shall not be used
`
`in the present litigation nor any other litigation (whether presently pending or filed in the
`
`future), and shall not be construed as nor constitute an admission. Breach of this provision
`
`shall subject the violator to sanctions.
`
`EX PARTE CONTACTS
`
`9.
`
`Before, during, and after the scheduled mediation conference, the Court may find it
`
`necessary and useful to communicate with one or more parties outside the presence of the other party
`
`or parties.
`
`REQUEST TO BRING ELECTRONIC EQUIPMENT
`
`10.
`
`Any possession by an attorney of an electronic device shall be permitted in
`
`accordance with this Court's Standing Order regarding possession by attorneys of cell phones, other
`
`PDA devices, and laptop computers, dated November 17, 2011. Any request that representatives
`
`of a party be permitted to bring electronic equipment to the mediation conference shall be made in
`
`writing by counsel and shall be submitted in a separate letter no later than the date on which
`
`mediation statements are due (see ¶ 4 above). Any such request shall include the name(s) of the
`
`individuals, a list of the equipment requested to be authorized, and a representation that counsel
`
`believes the presence of the requested equipment will be of assistance in the mediation process and
`
`5
`
`
`
`Case 1:11-cv-00797-RGA Document 196 Filed 11/06/12 Page 6 of 6 PageID #: 1130
`
`that the request is not being made just for convenience.
`
`OBLIGATION OF GOOD FAITH PARTICIPATION
`
`11.
`
`The required participants shall be available and accessible throughout the mediation
`
`process. The Court expects the parties' full and good faith cooperation with the mediation process.
`
`In particular, the Court expects both the lawyers and the party representatives to be fully prepared
`
`to participate. The Court encourages all participants to keep an open mind in order to reassess their
`
`previous positions and to find creative means for resolving the dispute.
`
`AVOIDANCE OF SANCTIONS
`
`12.
`
`All counsel are reminded of their obligations to read and comply with this
`
`Order. Delaware counsel are reminded of their obligations to inform out-of-state counsel of this
`
`Order. To avoid the imposition of sanctions, counsel shall advise the Court immediately of any
`
`problems regarding compliance with this Order.
`
`/s/ Sherry R. Fallon
`UNITED STATES MAGISTRATE JUDGE
`
`6
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
