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Rakuten Inc.
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Order | Filed: April 23, 2024 | Entered: April 23, 2024 International Business Machines Corporation v. Rakuten, Inc. et al
Patent | Delaware
Order ~Util - Set Hearings
ORAL ORDER: The Court has reviewed the parties' joint submission relating to the substitution of Mr. Thompson for Dr. Schmidt following the latter's Senate confirmation to a Department of Defense position (D.I. 600). The Court, having reviewed the parties' correspondence, finds that IBM was reasonably diligent in raising the issue with Rakuten and the Court. While IBM did substitute Dr. Schmidt for Mr. Thompson more hastily in IBM v. Zynga, 22-590, the Court finds IBM's explanation for the discrepancy (the Zynga case had a later trial date so Dr. Schmidt was less likely to be available, and Dr. Schmidt had not yet submitted an expert report in Zynga at the time of his substitution) reasonable. Once IBM was aware that Dr. Schmidt would be unavailable in this case, it promptly notified Rakuten and sought resolution. Accordingly, there is good cause to modify the scheduling order to substitute Mr. Thompson for Dr. Schmidt. Personal Audio, LLC v. Google LLC, 2023 WL 3582681, at *2 (D. Del. May 22, 2023) ("In the Third Circuit, a motion to substitute an expert witness is construed as a Rule 16(b) motion to modify the scheduling order... Good cause' under Rule 16(b) focuses on the diligence of the party seeking the modification of the scheduling order."). Rakuten identifies prejudice from attempting to raise any new issues raised by Mr. Thompson's deposition prior to the pretrial conference scheduled for May 23, 2024. The Court will reschedule the pretrial conference to permit supplemental briefing, limited to new issues raised by Mr. Thompon's substitution. The Court will not re-schedule the trial date, given the significant investment of the parties, the two months remaining until the trial, and the Court's belief that the new issues will be limited by holding Mr. Thompson to the opinions of Dr. Schmidt. IT IS HEREBY ORDERED THAT (1) IBM's request for leave to substitute Mr. Chris Thompson for Dr. Douglas Schmidt is GRANTED; (2) the pre-trial conference is RESCHEDULED for June 18, 2024, at 3:00 P.M., in Courtroom 6B; (3) IBM shall promptly produce the Thompson-related materials from IBM v. Zynga, 22-590; (4) Mr. Thompson's testimony shall be limited to the opinions of Dr. Schmidt; (5) IBM shall promptly make Mr. Thompson available for deposition on a mutually agreeable date; (6) Rakuten, if it finds that the substitution of Mr. Thompson for Dr. Schmidt raises new issues, may seek leave from the Court for limited supplemental Daubert or dispositive motion briefing by filing a letter, not to exceed two pages, setting out the purportedly new issues and a proposed briefing schedule; and (6) the parties shall bear their own costs. ORDERED by Judge Gregory B. Williams on 4/23/24. (ntl)
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Misc | Filed: April 23, 2024 | Entered: April 23, 2024 International Business Machines Corporation v. Rakuten, Inc. et al
Patent | Delaware
Redacted Document
REDACTED VERSION of 600 Letter by International Business Machines Corporation. (Attachments: # 1 Exhibit 1-3)(Moore, David)
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Response | Filed: April 16, 2024 | Entered: April 16, 2024 Pop Top Corp v. Rakuten Kobo Inc.
Patent | California Northern
Objection to Report and Recommendations
OBJECTION to 121 Report and Recommendations by Rohit Chandra. (Attachments: # 1 Declaration of Rohit Chandra)(kmm2, COURT STAFF) (Filed on 4/16/2024)
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