Case 1:22-cv-01540-MN Document 52 Filed 10/20/22 Page 1 of 5 PageID #: 1268
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ALMONDNET, INC.,
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`ROKU, INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`Case No. 6:21-cv-00876-ADA
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`JURY TRIAL DEMANDED
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`Case No. 6:21-cv-00891-ADA
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`JURY TRIAL DEMANDED
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`Case No. 6:21-cv-00896-ADA
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`JURY TRIAL DEMANDED
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`ALMONDNET, INC. and
`INTENT IQ, LLC,
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`SAMSUNG ELECTRONICS CO., LTD.;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; and ADGEAR
`TECHNOLOGIES INC.,
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`Plaintiffs,
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`v.
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`Defendants.
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`ALMONDNET, INC. and
`INTENT IQ, LLC,
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`FACEBOOK, INC.,
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`Plaintiffs,
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`v.
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`Defendant.
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`Case 1:22-cv-01540-MN Document 52 Filed 10/20/22 Page 2 of 5 PageID #: 1269
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`Case No. 6:21-cv-00897-ADA
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`JURY TRIAL DEMANDED
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`Case No. 6:21-cv-00898-ADA
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`JURY TRIAL DEMANDED
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`ALMONDNET, INC. and
`INTENT IQ, LLC,
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`Plaintiffs,
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`v.
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`MICROSOFT CORP.,
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`Defendant.
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`ALMONDNET, INC. and
`INTENT IQ, LLC,
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`Plaintiffs,
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`v.
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`AMAZON.COM, INC.; AMAZON.COM
`SERVICES LLC; and AMAZON WEB
`SERVICES, INC.,
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`Defendants.
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`AMENDED SCHEDULING ORDER
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`Pursuant to the Amended Sanding Order Regarding Joint or Unopposed Request to Change
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`Deadlines (dated March 7, 2022), the Court hereby ORDERS that the following schedule will
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`govern deadlines up to and including the trial of this matter:
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`

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`Case 1:22-cv-01540-MN Document 52 Filed 10/20/22 Page 3 of 5 PageID #: 1270
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`Deadline
`January 5, 2022
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`February 8, 2022
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`February 10, 2022
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`April 7, 2022
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`April 21, 2022
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`May 5, 2022
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`May 12, 2022
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`May 19, 2022
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`May 26, 2022
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`June 16, 2022
`June 30, 2022
`July 14, 2022
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`Item
`Plaintiff serves preliminary1 infringement contentions in the form of a chart
`setting forth where in the accused product(s) each element of the asserted
`claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e.
`the earliest date of invention) for each asserted claim and produce:
`(1) all documents evidencing conception and reduction to practice for each
`claimed invention, and (2) a copy of the file history for each patent in suit.
`The Parties shall submit an agreed Scheduling Order. If the parties cannot
`agree, the parties shall submit a separate Joint Motion for entry of
`Scheduling Order briefly setting forth their respective positions on items
`where they cannot agree. Absent agreement of the parties, the Plaintiff shall
`be responsible for the timely submission of this and other Joint filings.
`Plaintiff reduces the asserted claims to no more than 50 claims per
`defendant.
`Defendants serve preliminary invalidity contentions in the form of (1) a
`chart setting forth where in the prior art references each element of the
`asserted claim(s) are found, (2) an identification of any limitations the
`Defendants contend are indefinite or lack written description under section
`112, and (3) an identification of any claims the Defendants contend are
`directed to ineligible subject matter under section 101. Defendants shall
`also produce (1) all prior art referenced in the invalidity contentions, and
`(2) technical documents, including software where applicable, sufficient to
`show the operation of the accused product(s).
`Parties exchange claim terms for construction.
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`Parties exchange proposed claim constructions.
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`Parties disclose extrinsic evidence. The parties shall disclose any extrinsic
`evidence, including the identity of any expert witness they may rely upon
`with respect to claim construction or indefiniteness. With respect to any
`expert identified, the parties shall identify the scope of the topics for the
`witness’s expected testimony.2 With respect to items of extrinsic evidence,
`the parties shall identify each such item by production number or produce a
`copy of any such item if not previously produced.
`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`Defendants file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
`Plaintiff files Responsive claim construction brief.
`Defendants file Reply claim construction briefs.
`Plaintiff files a Sur-Reply claim construction brief.
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`1 The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave
`of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions and the
`amendment is based on material identified after those preliminary contentions were served, and should do so
`seasonably upon identifying any such material. Any amendment to add patent claims requires leave of court so that
`the Court can address any scheduling issues.
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other party.
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`

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`Case 1:22-cv-01540-MN Document 52 Filed 10/20/22 Page 4 of 5 PageID #: 1271
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`Deadline
`July 19, 2022
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`July 28, 2022
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`Item
`Parties submit Joint Claim Construction Statement.
`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`Parties submit optional technical tutorials to the Court and technical adviser
`(if appointed).
`August 19, 2022
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`September 29, 2022 Deadline to add parties.
`November 30, 2022 Markman Hearing at 2:00 p.m.
`December 8, 2022
`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or patent claims. (Note: This includes
`amendments in response to a 12(c) motion.)
`Deadline to serve Final Infringement and Invalidity Contentions. After this
`date, leave of Court is required for any amendment to infringement or
`invalidity contentions. This deadline does not relieve the parties of their
`obligation to seasonably amend if new information is identified after initial
`contentions.
`Deadline for the first of two meet and confers to discuss significantly
`narrowing the number of claims asserted and prior art references at issue.
`Unless the parties agree to the narrowing, they are ordered to contact the
`Court’s Law Clerk to arrange a teleconference with the Court to resolve
`the disputed issues.
`Close of Fact Discovery.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
`Deadline for the second of two meet and confers to discuss narrowing the
`number of claims asserted and prior art references at issue to triable limits.
`To the extent it helps the parties determine these limits, the parties are
`encouraged to contact the Court’s Law Clerk for an estimate of the
`amount of trial time anticipated per side. The parties shall file a Joint
`Report within 5 business days regarding the results of the meet and
`confer.
`Dispositive motion deadline and Daubert motion deadline.
`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`Parties email the Court’s law clerk to confirm pretrial and trial dates
`Serve objections to pretrial disclosures/rebuttal disclosures.
`Serve objections to rebuttal disclosures; file Motions in limine.
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations); file
`oppositions to motions in limine
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`March 16, 2023
`March 30, 2023
`April 27, 2023
`May 18, 2023
`May 25, 2023
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`January 26, 2023
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`February 16, 2023
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`June 1, 2023
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`June 15, 2023
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`June 26, 2023
`June 29, 2023
`July 6, 2023
`July 13, 2023
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`

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`Case 1:22-cv-01540-MN Document 52 Filed 10/20/22 Page 5 of 5 PageID #: 1272
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`Deadline
`July 20, 2023
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`July 31, 2023
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`August 3, 2023
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`August 21, 2023
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`Item
`File Notice of Request for Daily Transcript or Real Time Reporting. If a
`daily transcript or real time reporting of court proceedings is requested for
`trial, the party or parties making said request shall file a notice with the
`Court and e-mail the Court Reporter, Kristie Davis at
`kmdaviscsr@yahoo.com
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`Deadline to meet and confer regarding remaining objections and disputes
`on motions in limine.
`File joint notice identifying remaining objections to pretrial disclosures and
`disputes on motions in limine.
`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`Jury Selection/Trial. The Court expects to set this date at the conclusion of
`the Markman Hearing.
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`SIGNED this 20th day of October, 2022.
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