Case 6:19-cv-00532-ADA Document 18 Filed 11/14/19 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Uniloc 2017 LLC
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`Plain tiff
`
`V.
`
`Apple Inc.,
`
`Defendant
`
`Case No. 6:19-cv-532-ADA
`
`Jury Trial Demanded
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`AGREED SCHEDULING ORDER
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`On October 30, 2019, the Court conducted a conference in the above entitled and
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`numbered case. All parties appeared through counsel. As a result of such hearing, and pursuant
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`to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following schedule
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`will govern deadlines up to and including the trial in this matter:
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`Deadline
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`Item
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`October 21, 2019
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`Plaintiff serves preliminary 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.
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`November 13, 2019
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`Deadline for Motions to Transfer
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`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
`reasonably upon identifying any such material. Any amendment to add claims requires leave of court so that the
`Court can address any scheduling issues.
`
`Uniloc Ex. 2002
`Apple v. Uniloc
`IPR2020-00854
`1
`
`

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`Case 6:19-cv-00532-ADA Document 18 Filed 11/14/19 Page 2 of 4
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`December 18, 2019
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`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.
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`January 8, 2020
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`Parties exchange claim terms for construction.
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`January 17, 2020
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`Parties exchange proposed claim constructions.
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`January 24, 2020
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`January 29, 2020
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`February 5, 2020
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`Parties disclose extrinsic evidence. The partics 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 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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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
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`Parties file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
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`February 26, 2020
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`Parties file Responsive claim construction briefs.
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`March 11, 2020
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`Parties file Reply claim construction briefs.
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`March 18, 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
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`Uniloc Ex. 2002
`Apple v. Uniloc
`IPR2020-00854
`2
`
`

`

`Case 6:19-cv-00532-ADA Document 18 Filed 11/14/19 Page 3 of 4
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`submission of this and other Joint filings.
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`April 24, 2020
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`Markman Hearing at 9:30 a.m.
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`May 1, 2020
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`June 5, 2020
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`June 19, 2020
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`July 17, 2020
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
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`Deadline to add parties.
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`Deadline to serve Final Infringement and Invalidity
`Contentions.
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`Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or claims.
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`October 9, 2020
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`Close of Fact Discovery.
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`October 16, 2020
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`Opening Expert Reports.
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`November 13, 2020
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`Rebuttal Expert Reports.
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`December 4, 2020
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`Close of Expert Discovery.
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`December 11, 2020
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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.
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`December 18, 2020
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`Dispositive motion deadline and Daubert motion deadline.
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`January 6, 2021
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`Serve Pretrial Disclosures (jury instructions, exhibit lists,
`witness lists, discovery and deposition designations).
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`January 19, 2021
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`January 25, 2021
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`February 3, 2021
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`Serve objections to rebuttal disclosures and File Motions in
`limine.
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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 liinine.
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`February 10, 2021
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`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine
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`Uniloc Ex. 2002
`Apple v. Uniloc
`IPR2020-00854
`3
`
`

`

`Case 6:19-cv-00532-ADA Document 18 Filed 11/14/19 Page 4 of 4
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`3 business days before Final
`Pretrial Conference.
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`February 19, 2021 (or as
`soon as practicable)
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`Final Pretrial Conference. The Court expects to set the Pretrial
`Conference within 2-4 weeks of the trial date.
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`February 26, 2021 March
`19, 2021 (or as soon as
`practicable)
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`Jury Selection/Trial. The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`SIGNED this
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`day of
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`,20___
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`62La\ ,
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`AGREED:
`
`By:
`
`/s/ William E. Davis, III
`William E. Davis, III
`Texas Bar No. 24047416
`bdavis@davisfirm.com
`THE DAVIS FIRM, PC
`213 N. Fredonia Street, Suite 230
`Longview, Texas 75601
`Phone: (903) 230-9090
`(903) 230-9661
`Fax:
`
`By:
`
`/s/JohnM Guaragna
`John M. Guaragna
`Texas Bar No. 24043308
`John. guaragna@dlapiper.com
`DLA Piper LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, Texas 78701
`Phone: 512.457.7000
`Fax: 512.457.7001
`
`Attorneys for Plaintiff
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`Attorneys for Defendant
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing proposed order has been
`served on all counsel of record this 13thi day of November, 2019 via the Court's electronic filing
`system.
`
`/s/ William E. Davis, III
`William E. Davis, III
`
`Uniloc Ex. 2002
`Apple v. Uniloc
`IPR2020-00854
`4
`
`