Civil Trial Order; Criminal Pretrial Order; Notice of Case Management Conference; Notice of Case Management Conference - Patent Case; Report of Parties' Planning Meeting; Report of Parties' Planning Meeting - Patent Case

=== Civil Trial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff(s), vs. Defendant(s). CASE NO. JUDGE PATRICIA A. GAUGHAN CIVIL TRIAL ORDER This case is scheduled for Trial on , at ., in the courtroom of the Honorable Patricia A. Gaughan, United States District Court, 801 West Superior Avenue, Cleveland, Ohio. The Final Pretrial is scheduled for , at . Lead trial counsel and all parties shall be present and prepared with full authority to discuss all aspects of the case, including pleadings, settlement and scheduling. The following instructions will govern the operation of the trial and the obligations of parties and their counsel: 1. Trial Briefs Trial briefs are required in all cases and must be filed by with the Court, no later than seven (7) days before the Final Pretrial. If a Final Pretrial is not scheduled, trial briefs must be filed seven (7) days before trial. Trial briefs shall include: (a) a statement of the facts; (b) a discussion of the controlling law with particular emphasis on those legal issues which might justify a complete or partial motion under Rule 50 of the Federal Rules of Civil Procedure; (c) a list of proposed witnesses along with a brief description of the subject matter of the testimony of each witness; (d) an index of all proposed exhibits containing a brief description of each exhibit; (e) a discussion of any evidentiary issues likely to arise at trial; and (f) an estimate of the length of the trial. Motions in Limine shall be filed with the trial brief unless otherwise ordered. Responses to Motions in Limine shall be filed three (3) days prior to the Final Pretrial unless otherwise ordered. In non-jury trials, proposed Findings of Fact and Conclusions of Law shall be incorporated into the trial brief. Proposed Findings of Fact and Conclusions of Law shall be consecutively numbered with each stated in a separate paragraph. The proposed Findings of Fact shall cite the particular witness(es) or exhibit(s) upon which each suggested finding is based. Proposed Conclusions of Law shall cite legal authority. In a jury case, trial briefs also shall include any proposed voir dire questions and jury instructions as outlined in sections 2 and 3 below. Counsel are required to exchange their trial briefs with opposing counsel. If a witness is not listed in the trial brief, the witness shall not testify except under extraordinary circumstances. This rule applies to lay witnesses as well as to expert witnesses. Exhibits not listed in the trial brief shall not be introduced at trial, absent a showing of good cause. 2 2. Voir Dire The Court will conduct initial voir dire of the panel and of individual panel members. The Court will thereafter allow one counsel for each party to question briefly individual panel members on relevant issues not addressed by the Court. Proposed questions for the Court’s questioning are to be submitted with the trial brief. 3. Proposed Jury Instructions Counsel for the various parties are required to confer with one another in person with respect to proposed jury instructions, with a view to reaching agreement on instructions to be requested. The parties shall file one joint set of jury instructions identifying the following: (a) instructions agreed upon by all counsel with supporting legal authority; and (b) instructions in dispute with the party proposing the instruction stating supporting reasons and legal authority, and the party objecting to the instruction stating supporting reasons and legal authority. No proposed jury instruction will be considered by the Court unless it has been submitted in compliance with these provisions, except that requests for instructions that could not reasonably have been anticipated may be submitted during trial. Counsel must also provide the agreed upon jury instructions to the Court on a cd rom. The Court is equipped with Microsoft Word. When submitting the cd rom to the Court, counsel are advised to alert the security guards and avoid the x-ray machine to avoid 3 accidental erasure. 4. Preliminary Statements and Stipulations At the same time trial briefs are due, the parties shall file a joint statement describing the case in an impartial, easily understood and concise manner for use by the Court either during voir dire or at the time the jury is impaneled. This statement will be used to set the context of the trial for the jury and must be submitted at the same time the trial brief is submitted. Stipulations of Fact, if any, shall be submitted at the same time as part of the same document. 5. Exhibits One (1) copy of all exhibits shall be furnished to the Court on the day of trial. There is no need to file the exhibits with the Clerk of Courts. Counsel shall exchange copies of all exhibits no later than two (2) working days before the date on the trial notice. Exhibits shall be marked before trial with exhibit stickers, which are available from the Clerk’s office on request. The plaintiff shall mark exhibits with numbers and the defendants shall mark exhibits with letters. Both sides are to indicate the case number on the bottom portion of the exhibit sticker. If there are multiple parties, the parties last name should precede the number or letter (i.e., “Smith-1" or “Green-A”). If the parties have a joint exhibit it shall be marked as “Jt. Ex. 1" or “Jt. Ex. 2"etc. If the defendant has more than 26 exhibits, double letters shall be used (i.e., AA, BB, CC, etc.). The Court recommends that counsel place all exhibit sets in three-ring, looseleaf binders/notebooks, with appropriately marked divider tabs and a table of contents at the front. 4 6. Deposition Testimony (Videotape and Written) Whenever depositions (videotape and written) are intended to be used as evidence at trial, counsel proposing to use such deposition shall notify opposing counsel in the trial brief. Any objections to portions of the deposition must be filed in writing with the Court at least five (5) days prior to Trial. If there are objections, counsel proposing to use said deposition shall file a brief in support within three (3) days after the objections are filed or indicate an agreement to delete the portion for which there is an objection. The Court must be provided with a complete written transcript of videotape depositions. 7. Continuances No party shall be granted a continuance of a trial or hearing without a written motion from the party or counsel stating the reason for the continuance endorsed in writing by all moving parties and their lead counsel of record. The Court will not consider any motion for a continuance due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached thereto. IT IS SO ORDERED. DATED: PATRICIA A. GAUGHAN United States District Judge REV. 1/31/17 5

=== Criminal Pretrial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, v. Defendant(s). CASE NO: JUDGE PATRICIA A. GAUGHAN CRIMINAL PRETRIAL ORDER : : : : : : : : : : : Pretrial was held on . Trial of this matter is scheduled to commence on in Court Room 19B, United States Court House. Final Pretrial is set for _______________________. It is the responsibility of counsel to notify the Court in writing immediately of any failure to provide discovery material. The Court will not continue a scheduled trial because of a failure to provide discovery if this requirement has not been complied with. MOTIONS Pretrial motions, including motions to suppress, shall be filed on or before . Briefs In Opposition shall be filed on or before . Suppression Hearing will be held on the date of the Final Pretrial. It is expected that every motion filed will be supported by a substantial foundation and that such foundation will be explicitly stated in the motion. 1 TRIAL BRIEFS The following must be included in a trial brief which is to be submitted to the Court not later than 4:00 p.m., two working days prior to the final pretrial: 1. 2. Stipulations signed by all counsel and the defendant. A joint set of jury instructions identifying the following: a) instructions agreed upon by all counsel with supporting legal authority; and b) instructions in dispute with the party proposing the instruction stating supporting reasons and legal authority, and the party objecting to the instructions stating supporting reasons and legal authority. No proposed jury instruction will be considered by the Court unless it has been submitted in compliance with these provisions, except that request for instructions that could not reasonably have been anticipated may be submitted during trial. Counsel must also provide one agreed upon jury instructions to the Court on a cd rom. The Court is equipped with Microsoft Word. When submitting the cd rom to the Court, counsel are advised to alert the security guard and avoid the x-ray machine to avoid accidental erasure. 3. 4. 5. 6. The Court intends to adhere as closely as possible to pattern criminal jury instructions issued by the Sixth Circuit and the Federal Judicial Center. A list of voir dire questions. The Court will conduct initial voir dire of the panel and of individual panel members. The Court will thereafter allow one counsel for each party to question briefly individual panel members on relevant issues not addressed by the Court. Counsel for the parties are directed to submit to the Court appropriate memoranda, with citations to legal authority, in support of evidentiary questions and any other legal issues which may reasonably be anticipated to arise at trial. Counsel for the parties are directed to submit to the Court an estimate of the length of trial. Exhibits shall be marked before trial with exhibit stickers, which are available at the Clerk’s office on request. The plaintiff shall mark exhibits with numbers and defendants shall mark exhibits with letters. If there are multiple parties, the parties last name should precede the number or letter (i.e., “Smith-1" or “Green-A”). If the parties have a joint exhibit it shall be marked as “Jt. Ex. 1" or Jt. Ex. 2" etc. If the defendant has more than 26 exhibits, double letters shall be used (i.e., AA, BB, CC, etc). 2 The Court recommends that counsel place all exhibit sets in three-ring looseleaf binders/notebooks, with appropriately marked divider tabs and a table of contents at the front. IT IS SO ORDERED. DATED: PATRICIA A. GAUGHAN UNITED STATES DISTRICT JUDGE 3

=== Notice of Case Management Conference ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff(s) vs. Defendant(s). JUDGE PATRICIA A. GAUGHAN NOTICE OF CASE MANAGEMENT CASE NO.: CONFERENCE All counsel and parties will take notice that the above-entitled action has been set for a Case Management Conference (“CMC”) on before Judge Patricia A. Gaughan. United States District Court Local Rule Section 16 will apply to this case. The conference will be held by telephone with the court initiating the call. The parties shall meet prior to the CMC to discuss the case and prepare the proposed discovery plan pursuant to Fed. R. Civ. P. 26 (f). The parties shall, within 10 days after the meeting, provide the basic information to the other parties specified by Fed. R. Civ. P. 26 (a) (1) (initial disclosures). A Report of Parties’ Planning Meeting (see attached form), shall be filed with the Court at least three work days prior to the CMC. Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, request for admissions, and answers and responses thereto shall not be filed with the Clerk’s Office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. It is the responsibility of counsel for the plaintiff (s) to verify that a copy of this Order has been received by counsel for defendant (s) or, if no counsel has entered an appearance for defendant (s), has been received by defendant(s). During the course of litigation, any questions or concerns regarding any aspect of this case should be directed to (216) 357-7210. IT IS SO ORDERED. Date: PATRICIA A. GAUGHAN UNITED STATES DISTRICT JUDGE ATTACHMENT 1 UNITED STATES DISTRICT COURT NORTHER DISTRICT OF OHIO Plaintiff(s), vs. Defendant (s). CASE NO.: JUDGE PATRICIA A. GAUGHAN REPORT OF PARTIES’ PLANNING ) MEETING UNDER FED. R. CIV. ) 26 (f) AND L.R. 16.3 (b 1. Pursuant to Fed. R. Civ. P. 26 (f) and L.R. 16.3 (b), a meeting was held on , 201 , and was attended by: Counsel for plaintiff (s) Counsel for plaintiff (s) Counsel for defendant(s) Counsel for defendant(s) 2. The parties: have exchanged the pre-discovery disclosures required by Rule 26 (a) (1) will exchange such disclosures by , 200 have not been required to make initial disclosures. 3. The parties recommend the following track: Expedited Standard Complex Administrative Mass Tort 4. This case is automatically designated as suitable for Electronic Case Filing (ECF). Is there any reason that the designation should change to “not suitable for ECF”? 5. Choose one of the following: ______ This case is suitable now for Mediation or (insert an alternative ADR). or, Case is not suitable for ADR at this time but may be after some discovery. or, Case is not suitable for ADR at any time. 6. The parties do/ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S. C.§ 636 (c). 7. Federal jurisdiction is based upon 8. Recommended Discovery Plan: a) Describe the claims & defenses on which discovery is to be sought and the nature and extent of discovery. b) Non-Expert discovery deadline: c) If applicable, set forth the issues that will be addressed by experts and provide proposed deadlines: Expert report for the party with the burden of proof deadline: Rebuttal expert report deadline: Expert discovery cut-off deadline: 9 10. 11. 12. The pleadings shall be amended without leave of Court on or before: . Recommended dispositive motion date: . Recommended date for a Status Conference or Settlement Conference . Other matters for the attention of the Court: Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Defendant(s) Attorney for Defendant(s) Attorney for Defendant(s) Revised 2/22/16

=== Notice of Case Management Conference - Patent Case ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff(s) vs. Defendant(s). JUDGE PATRICIA A. GAUGHAN NOTICE OF CASE MANAGEMENT CASE NO.: CONFERENCE All counsel and/or parties will take notice that the above-entitled action has been set for a Case Management Conference (“CMC”) on before Judge Patricia A. Gaughan. United States District Court Local Rule Section 16 and the Local Patent Rules will apply to this case. The conference will be held by telephone with the court initiating the call. The parties shall meet prior to the CMC to discuss the case and prepare the proposed discovery plan pursuant to Fed. R. Civ. P. 26 (f). The parties shall, within 10 days after the meeting, provide the basic information to the other parties specified by Fed. R. Civ. P. 26 (a) (1) (initial disclosures). A Report of Parties’ Planning Meeting (see attached form), shall be filed with the Court at least three work days prior to the CMC. Unless otherwise ordered by the Court, initial disclosures, discovery depositions, interrogatories, requests for documents, request for admissions, and answers and responses thereto shall not be filed with the Clerk’s Office, except that discovery materials may be filed as evidence in support of a motion or for use at trial. It is the responsibility of counsel for the plaintiff (s) to verify that a copy of this Order has been received by counsel for defendant (s) or, if no counsel has entered an appearance for defendant (s), has been received by defendant(s). During the course of litigation, any questions or concerns regarding any aspect of this case should be directed (216) 357-7210. IT IS SO ORDERED. Date: PATRICIA A. GAUGHAN UNITED STATES DISTRICT JUDGE ATTACHMENT 1 UNITED STATES DISTRICT COURT NORTHER DISTRICT OF OHIO Plaintiff(s), vs. Defendant (s). CASE NO.: JUDGE PATRICIA A. GAUGHAN REPORT OF PARTIES’ PLANNING ) MEETING UNDER FED. R. CIV.P. ) 26F), L.R.16.3 (b)(3) AND LPR 2.1 1. Pursuant to Fed. R. Civ. P. 26 (f) and L.R. 16.3 (b)(3) and L.P.R. 2.1, a meeting was held on , 201 , and was attended by: Counsel for plaintiff (s) Counsel for plaintiff (s) Counsel for defendant(s) Counsel for defendant(s) 2. The parties do/ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 3. Scheduling a. Proposed Schedule: Counsel shall set forth in this report the proposed schedule of Case Management dates through claim construction as set for in the Local Patent Rules for the Northern District of Ohio. b. If the parties are advocating a departure from the dates set forth in the Patent Local Rules, set forth the basis for said departure: 4. Anticipated Motions a. The parties anticipate filing the following motions: i. Preliminary injunction. Proposed briefing schedule: ii. Motion to add or substitute parties. Proposed briefing schedule: iii. [Other]. Proposed briefing schedule: b. The following issues may be the proper subject of an early motion for summary judgment or partial summary adjudication: i. Inventorship of Indefiniteness (describe basis) ii. Invalidating sale, offer for sale, or display (described basis) iii. Other (describe basis) 5. Nature of Dispute a. b. c. d. e. f. Describe the field of the claimed invention: Claims asserted: The parties anticipate requesting that the Court construe claim terms. Describe the allegedly infringing activity or product: Describe any potentially non-fringing alternative designs: The parties have/have not stipulated that the above-described designs do not infringe the patents in issue. 6. Discovery a. b. c. If the parties anticipate needing to propound interrogatories and/or take depositions in excess of the number provided in the Federal Rules of Civil Procedure, set forth the proposed limit and basis for the request: The parties have/have not agreed to an electronic discovery plan. Absent agreement by the parties, the default standard for e-discovery set forth in Appendix K to the Local Rules applies. The parties anticipate the following discovery issues: 7. Protective Order a b. c. The parties have/have not agreed to the form Patent Protective Order set forther in Appendix C to the local Patent Rules. The parties do/ do not plan to submit an alternative proposed protective order for adoption by the Court. Identify any issues the Court should be aware of with respect to the confidentiality concerns of the parties: 8. Claim Construction. The parties will submit simultaneous briefs regarding any disputed claims construction issues on or before . 9. The parties have/have not consented, pursuant to Fed.R.Civ.P. 5(b)(2)(E), to the electronic exchange of pleadings, notices, discovery, and other mandated disclosures not otherwise served electronically via the Court’s electronic filing system. 10. The parties have/have not discussed settlement and the appropriateness of Alternative Dispute Resolution. Date: , 20 Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Defendant(s) Attorney for Defendant(s) Attorney for Defendant(s)

=== Report of Parties' Planning Meeting ===

ATTACHMENT 1 UNITED STATES DISTRICT COURT NORTHER DISTRICT OF OHIO Plaintiff(s), vs. Defendant (s). CASE NO.: JUDGE PATRICIA A. GAUGHAN REPORT OF PARTIES’ PLANNING ) MEETING UNDER FED. R. CIV. ) 26 (f) AND L.R. 16.3 (b 1. Pursuant to Fed. R. Civ. P. 26 (f) and L.R. 16.3 (b), a meeting was held on , 201 , and was attended by: Counsel for plaintiff (s) Counsel for plaintiff (s) Counsel for defendant(s) Counsel for defendant(s) 2. The parties: have exchanged the pre-discovery disclosures required by Rule 26 (a) (1) will exchange such disclosures by , 200 have not been required to make initial disclosures. 3. The parties recommend the following track: Expedited Standard Complex Administrative Mass Tort 4. This case is automatically designated as suitable for Electronic Case Filing (ECF). Is there any reason that the designation should change to “not suitable for ECF”? 5. Choose one of the following: ______ This case is suitable now for Mediation or (insert an alternative ADR). or, Case is not suitable for ADR at this time but may be after some discovery. or, Case is not suitable for ADR at any time. 6. The parties do/ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S. C.§ 636 (c). 7. Federal jurisdiction is based upon 8. Recommended Discovery Plan: a) Describe the claims & defenses on which discovery is to be sought and the nature and extent of discovery. b) Non-Expert discovery deadline: c) If applicable, set forth the issues that will be addressed by experts and provide proposed deadlines: Expert report for the party with the burden of proof deadline: Rebuttal expert report deadline: Expert discovery cut-off deadline: 9 10. 11. The pleadings shall be amended without leave of Court on or before: . Recommended dispositive motion date: . Recommended date for a Status Conference or Settlement Conference . 12. Other matters for the attention of the Court: Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Defendant(s) Attorney for Defendant(s) Attorney for Defendant(s) Revised 2/22/16

=== Report of Parties' Planning Meeting - Patent Case ===

ATTACHMENT 1 UNITED STATES DISTRICT COURT NORTHER DISTRICT OF OHIO Plaintiff(s), vs. Defendant (s). CASE NO.: JUDGE PATRICIA A. GAUGHAN REPORT OF PARTIES’ PLANNING ) MEETING UNDER FED. R. CIV.P. ) 26F), L.R.16.3 (b)(3) AND LPR 2.1 1. Pursuant to Fed. R. Civ. P. 26 (f) and L.R. 16.3 (b)(3) and L.P.R. 2.1, a meeting was held on , 201 , and was attended by: Counsel for plaintiff (s) Counsel for plaintiff (s) Counsel for defendant(s) Counsel for defendant(s) 2. The parties do/ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). 3. Scheduling a. Proposed Schedule: Counsel shall set forth in this report the proposed schedule of Case Management dates through claim construction as set for in the Local Patent Rules for the Northern District of Ohio. b. If the parties are advocating a departure from the dates set forth in the Patent Local Rules, set forth the basis for said departure: 4. Anticipated Motions a. The parties anticipate filing the following motions: i. Preliminary injunction. Proposed briefing schedule: ii. Motion to add or substitute parties. Proposed briefing schedule: iii. [Other]. Proposed briefing schedule: b. The following issues may be the proper subject of an early motion for summary judgment or partial summary adjudication: i. Inventorship of Indefiniteness (describe basis) ii. Invalidating sale, offer for sale, or display (described basis) iii. Other (describe basis) 5. Nature of Dispute a. b. Describe the field of the claimed invention: Claims asserted: c. d. The parties anticipate requesting that the Court construe claim terms. Describe the allegedly infringing activity or product: e. Describe any potentially non-fringing alternative designs: f. The parties have/have not stipulated that the above-described designs do not infringe the patents in issue. 6. Discovery a. b. c. If the parties anticipate needing to propound interrogatories and/or take depositions in excess of the number provided in the Federal Rules of Civil Procedure, set forth the proposed limit and basis for the request: The parties have/have not agreed to an electronic discovery plan. Absent agreement by the parties, the default standard for e-discovery set forth in Appendix K to the Local Rules applies. The parties anticipate the following discovery issues: 7. Protective Order a b. c. The parties have/have not agreed to the form Patent Protective Order set forther in Appendix C to the local Patent Rules. The parties do/ do not plan to submit an alternative proposed protective order for adoption by the Court. Identify any issues the Court should be aware of with respect to the confidentiality concerns of the parties: 8. Claim Construction. The parties will submit simultaneous briefs regarding any disputed claims construction issues on or before . 9. The parties have/have not consented, pursuant to Fed.R.Civ.P. 5(b)(2)(E), to the electronic exchange of pleadings, notices, discovery, and other mandated disclosures not otherwise served electronically via the Court’s electronic filing system. 10. The parties have/have not discussed settlement and the appropriateness of Alternative Dispute Resolution. Date: , 20 Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Plaintiff (s) Attorney for Defendant(s) Attorney for Defendant(s) Attorney for Defendant(s)