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Patent Litigation Calendar

March 20, 2018

Route1 Inc. (“Route1”) filed a complaint against AirWatch LLC (“AirWatch”) in Delaware court on March 27, 2017.  The complaint was served on AirWatch on June 1, 2017.  The civil action number is 1:17-cv-00331-RGA and was assigned to the Honorable Richard G. Andrews.

The information provided below approximates how the process for the patent complaint has unfolded and may continue to unfold.

 

March 27, 2017 Route1 complaint filed
June 1, 2017 Route1 complaint served
August 28, 2017 Scheduling Order was issued
September 15, 2017 Initial Disclosures were made
September 22, 2017 AirWatch filed an Inter Partes Review (“IPR”) petition with the US Patent and Trademark Office (“USPTO”)
September 27, 2017 AirWatch and Route1 disclosures made re Default Standard of Discovery
September 27, 2017 Route1 identified the accused products and produced a file history for the its patent(s)
October 6, 2017 AirWatch petition for an IPR certified as received by the USPTO
October 17, 2017 AirWatch filed a Motion to Stay pending the IPR
October 24, 2017 AirWatch’s Motion to Stay filed on October 17, 2017 was denied
November 10, 2017 AirWatch produced technical documentation related to the accused products
December 11, 2017 Route1 produced its initial infringement contentions relating to the accused products to asserted claims
December 22, 2017 Route1 filed its response to AirWatch’s IPR petition
January 9, 2018 AirWatch produced its initial invalidity contentions
January 16, 2018 Parties exchanged proposed claim constructions
January 23, 2018 Joint claim construction chart filed
February 16, 2018 Route1 served opening Claim Construction Brief
March 19, 2018 AirWatch served answering Claim Construction Brief
March 20, 2018 Patent Trial and Appeal Board (“PTAB”) delivered its decision denying institution of an IPR on the Route1 patent
April 16, 2018 Route1 serves reply brief to AirWatch’s answering Claim Construction Brief
May 16, 2018 AirWatch serves sur-Reply Brief
May 23, 2018 Joint Claim Construction Brief filed
June 29, 2018 Deadline for all motions to join other parties and amend or supplement pleadings
July 2, 2018 Claim Construction Hearing (the “Markman Hearing”)
30 days after the Court’s Markman Order Deadline for final infringement contentions
60 days after the Court’s Markman Order Deadline for final invalidity contentions
September 14, 2018 Document production substantially complete
December 14, 2018 Deadline for completion of fact discovery
January 7, 2019 Opening expert reports due: Route1 infringement and damages; AirWatch invalidity
February 7, 2019 Expert reports rebutting opening expert reports due
February 21, 2019 Reply expert reports in support of opening expert reports due
March 21, 2019 Deadline for expert depositions
April 18, 2019 Deadline for objections to expert testimony
April 18, 2019 Deadline for case dispositive motions-motion for summary judgment
August 27, 2019 Joint proposed final pretrial order-process for how the case will be tried
August 30, 2019 Pretrial conference
September 9-13, 2019 Jury trial