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Webasto Thermo & Comfort North America, Inc. v. Bestop, Inc.

United States District Court, E.D. Michigan, Southern Division

August 1, 2019

WEBASTO THERMO & COMFORT NORTH AMERICA, INC. and WEBASTO-EDSCHA CABRIO USA, INC., Plaintiffs/Counter-Defendants,
v.
BESTOP, INC., Defendant/Counter-Plaintiff.

          R. Steven Whalen United States Magistrate Judge

          ORDER (1) SETTING TRIAL DATES, AND (2) ESTABLISHING TRIAL PROCEDURES

          Paul D. Borman United States District Judge

         TRIAL DATES AND PROCEDURES

         Trial in this action will begin on Thursday, August 22, 2019 at 8:30 a.m. with jury selection and will run as long as necessary (up to 4:30 p.m.) to select a jury. The Court has granted summary judgment to the Plaintiff on infringement of Claim 6 of U.S. Patent No. 9, 346, 342 ("the '342 Patent). Claim 6 of the '342 Patent was the only claim litigated in earnest in this action that has been pending for three years. (ECF No. 230.) Accordingly, trial will be limited to the issues of validity and damages.[1] Following seating of the jury, trial days will run from 8:30 a.m. to 1:30 p.m. each day with a brief mid-morning break but no break for lunch.

         At least one week in advance of the first day of Trial, or on or before August 15, 2019, the parties shall submit the following materials to the Court:

• A brief paragraph on what each side claims with regard to the patent in suit.
• A joint set of Preliminary Instructions which shall include a brief description of the patent, an overview of the rules regarding the issues to be tried and a brief general explanation of what the jurors will be called upon to decide;
• A Joint set of Substantive proposed Jury Instructions. Plaintiff shall draft a proposed set and present them to the Defendant in sufficient time to allow the parties to meet and confer in order to present an agreed upon proposed set of substantive instructions to the Court by August 15, 2019.
• To the extent that the parties disagree on any proposed jury instruction, the parties shall submit an in depth discussion of the basis for the disagreement, including the legal authority and related analysis on which each side relies.
• A list of witnesses, separately stating who will be called and who may be called, with a brief description of each witnesses' testimony, as well as the proposed time for direct examination of the witness;
• A stipulated General Verdict Form with written questions. See Fed. R. Civ. P. 49(b). Plaintiff shall draft a proposed verdict form with written questions and present them to the Defendant in sufficient time to allow the parties to meet and confer in order to present an agreed upon a verdict form to the Court by August 15, 2019;
• Three complete sets of Trial Exhibits for the Court, numbered, tabbed, and bound for easy reference during the Trial.

         The following general trial practice guidelines also will apply:

• The parties shall provide, on the first day of trial, a single three-ring binder for each juror for the purpose of taking notes. The three-ring binder shall include a copy of the patent in suit along with any ...

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