`
`Proposed
`Dates
`12/20/2019 Case Management Conference Date
`Deadline for parties to submit an agreed Scheduling Order. If the parties
`cannot agree, the parties shall submit a separate Joint Motion for entry of each
`Order briefly setting forth their respective positions on items where they
`cannot agree.
`
`1/3/2020
`
`Item
`
`1/10/2020
`
`Deadline for Motions to Transfer
`
`3/13/2020
`
`4/10/2020
`5/1/2020
`
`5/8/2020
`
`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.
`Parties exchange claim terms for construction
`Parties exchange proposed claim constructions
`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.
`5/15/2020 Deadline to meet and confer to narrow terms in dispute and exchange revised
`list of terms/constructions
`Parties file Opening claim construction briefs, including any arguments that
`any claim terms are indefinite.
`
`6/5/2020
`
`6/26/2020
`
`Parties file Responsive claim construction briefs.
`
`7/17/2020
`
`Parties file Reply claim construction briefs.
`
`
`
`Case 6:19-cv-00432-ADA Document 85 Filed 01/17/20 Page 2 of 2
`
`Proposed
`Dates
`
`7/31/2020
`
`Item
`Parties submit Joint Claim Construction Statement, optional tutorials, and
`consolidated briefing collated by Opening, Response, and Reply in Microsoft
`Word format.
`8/21/2020 Markman Hearing [full day]
`8/28/2020
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`10/02/2020 Deadline to add parties
`10/30/2020 Deadline to serve Final Infringement and Invalidity Contentions.
`11/13/2020 Deadline to amend pleadings. A motion is not required unless the amendment
`adds patents or claims.
`2/5/2021
`Close of Fact Discovery
`2/19/2021
`Opening Expert Reports
`3/19/2021 Rebuttal Expert Reports
`4/9/2021
`Close of Expert Discovery
`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.
`Dispositive motion deadline and Daubert motion deadline.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`designations)
`Serve objections to pretrial disclosures/rebuttal disclosures
`Serve objections to rebuttal disclosures and File Motions in limine.
`File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits
`lists, witness lists, designations); file oppositions to motions in limine.
`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
`
`4/23/2021
`5/7/2021
`5/21/2021
`5/28/2021
`
`4/16/2021
`
`6/9/2021
`
`6/18/2021
`
`6/29/2021
`
`7/2/2021
`7/12/2021 –
`7/30/2021
`
`Predicted Jury Selection/Trial
`
`