Case 6:19-cv-00515-ADA Document 35 Filed 01/22/20 Page 1 of 5
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`UNITED STATES DISTRICT C OURT
`FOR THE WESTERN DISTRICT OF TEX AS
`WACO DIVISION
`
`SOLAS OLED LTD.,
`
`v.
`
`DELL INC.,
`
`SOLAS OLED LTD.,
`
`v.
`
`GOOGLE LLC,
`
`SOLAS OLED LTD.,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Case No. 6:19-cv-00514-ADA
`
`Defendants.
`
`Plaintiff,
`
`Case No. 6:19-cv-00515-ADA
`
`Defendants.
`
`Plaintiff,
`
`Case No. 6:19-cv-00537-ADA
`
`Defendants.
`
`SCHEDULING ORDER
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`IPR2020-00407
`Apple Inc. EX1050 Page 1
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`

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`Case 6:19-cv-00515-ADA Document 35 Filed 01/22/20 Page 2 of 5
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`On January 6, 2020, the Court conducted a conference in the above entitled and numbered
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`cases. All parties appeared through counsel. As a result of such hearing, and pursuant to Rule 16,
`
`Federal Rules of Civil Procedure, the Court ORDERS that the following schedule will govern
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`deadlines up to and including the trial of these matters:
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`Deadline
`
`Item
`
`Tuesday, December 24,
`2019
`
`Plaintiff serves preliminary infringement contentions1 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.
`
`Tuesday, January 21, 2020 Deadline for Motions to Transfer
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`Thursday, April 9, 2020
`
`Defendant serves 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 Defendant contends are indefinite or lack
`written description under section 112, and (3) an identification
`of any claims the Defendant contends are directed to ineligible
`subject matter under section 101. Defendant shall also produce
`(1) all prior art referenced in the invalidity contentions, (2)
`technical documents, including software where applicable,
`sufficient to show the operation of the accused product(s), and
`(3) summary, annual sales information for the accused
`product(s) for the prior two years, unless the parties agree to
`some other timeframe. With respect to U.S. Patent No.
`6,072,450 (“the ’450 patent), Defendant shall produce summary
`annual sales information for the products accused of infringing
`the ’450 patent for the period beginning two years prior to the
`expiration of the ’450 patent until the expiration of the patent.
`
`1 The parties may amend preliminary infringement contentions and preliminary infringement
`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 reasonably upon
`identifying any such material. Any amendment to add claims requires leave of court so that the
`Court can address any scheduling issues.
`
`
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`IPR2020-00407
`Apple Inc. EX1050 Page 2
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`Case 6:19-cv-00515-ADA Document 35 Filed 01/22/20 Page 3 of 5
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`To the extent any such accused products are also accused of
`infringing any other patent-in-suit, summary annual sales
`information for those accused products will be produced for the
`prior two years in addition to the period described in the
`preceding sentence.
`
`Thursday, April 30, 2020
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`Parties exchange claim terms for construction.
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`Thursday, May 14, 2020
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`Parties exchange proposed claim constructions.
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`Friday, May 29, 2020
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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 also provide a summary of the witness’s expected
`testimony including the opinions to be expressed and a general
`description of the basis and reasons therefore. A failure to
`summarize the potential expert testimony in a good faith,
`informative fashion may result in the exclusion of the proffered
`testimony. 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.
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`Friday, June 5, 2020
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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`
`Wednesday, July 1, 2020
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`Parties file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
`
`Wednesday, August 5,
`2020
`
`Parties file Responsive claim construction briefs.
`
`Friday, August 28, 2020
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`Parties file Reply claim construction briefs.
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`Friday, September 4, 2020
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`Friday, September 25,
`2020
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`Friday, October 2, 2020
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`Parties submit Joint Claim Construction Statement and
`consolidated briefing collated by Opening, Response, and Reply
`in Microsoft Word format. Absent agreement of the parties, the
`Plaintiff shall be responsible for the timely submission of this
`and other Joint filings.
`
`Markman Hearing at 9:00 a.m.
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`Friday, November 6, 2020 Deadline to add parties.
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`IPR2020-00407
`Apple Inc. EX1050 Page 3
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`Case 6:19-cv-00515-ADA Document 35 Filed 01/22/20 Page 4 of 5
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`Friday, November 20, 2020 Deadline to serve Final Infringement and Invalidity Contentions.
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`Friday, December 18, 2020 Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or claims.
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`Friday, March 12, 2021
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`Close of Fact Discovery.
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`Friday, March 19, 2021
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`Opening Expert Reports.
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`Friday, April 16, 2021
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`Rebuttal Expert Reports.
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`Friday, May 7, 2021
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`Close of Expert Discovery.
`
`Friday, May 14, 2021
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`Deadline to meet and confer to discuss narrowing the number of
`claims asserted and prior art references at issue. The parties shall
`file a report within 5 business days regarding the results of the
`meet and confer.
`
`Friday, May 21, 2021
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`Dispositive motion deadline and Daubert motion deadline.
`
`Friday, June 4, 2021
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`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
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`Friday, June 18, 2021
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`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Friday, June 25, 2021
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`Serve objections to rebuttal disclosures and File Motions in
`limine.
`
`Friday, July 2, 2021
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`File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibits lists, witness lists, discovery and
`deposition designations); file oppositions to motions in limine.
`
`Friday, July 9, 2021
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`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`
`3 business days before
`Final Pretrial Conference.
`
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`To be set at the conclusion
`of the Markman hearing
`
`Final Pretrial Conference. The Court expects to set the Pretrial
`Conference within 2-4 weeks of the trial date.
`
`To be set 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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`
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`IPR2020-00407
`Apple Inc. EX1050 Page 4
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`Case 6:19-cv-00515-ADA Document 35 Filed 01/22/20 Page 5 of 5
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`
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`SIGNED this day of _________________________, 20____.
`
`
`
`
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`_______________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`IPR2020-00407
`Apple Inc. EX1050 Page 5
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