Case 6:19-cv-00716-ADA Document 34 Filed 04/10/20 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`BROADBAND iTV, INC.,
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`Plaintiff,
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`v.
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`DISH NETWORK L.L.C.,
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`Defendant.
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`BROADBAND iTV, INC.,
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`Plaintiff,
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`v.
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`AT&T SERVICES, INC. and AT&T
`COMMUNICATIONS, LLC,
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`Defendants.
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`BROADBAND iTV, INC.,
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`Plaintiff,
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`v.
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`DIRECTV, LLC,
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`Defendant.
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`NO. 6:19-cv-716-ADA
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`NO. 6:19-cv-712-ADA
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`NO. 6:19-cv-714-ADA
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`SCHEDULING ORDER
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`On this day the Court considered Broadband iTV, Inc.’s Agreed Motion for Scheduling
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`Order in the above-captioned cases.
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`Page 1 of 4
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`DISH Ex-1015, p. 1
`DISH v. BBiTV
`IPR2020-01267
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`Case 6:19-cv-00716-ADA Document 34 Filed 04/10/20 Page 2 of 4
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`The Court finds that the Motion is meritorious and should be granted. Therefore,
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`IT IS ORDERED:
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`Deadline
`April 30, 2020
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`May 7, 2020
`June 25, 2020
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`July 16, 2020
`August 6, 2020
`August 20, 2020
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`Event
`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.
`Deadline for Motions to Transfer
`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.
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`Page 2 of 4
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`DISH Ex-1015, p. 2
`DISH v. BBiTV
`IPR2020-01267
`
`

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`Case 6:19-cv-00716-ADA Document 34 Filed 04/10/20 Page 3 of 4
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`August 27, 2020
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`September 10, 2020
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`October 8, 2020
`October 29, 2020
`November 5, 2020
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`November 13, 2020
`November 20, 2020
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`December 28, 2020
`January 8, 2021
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`February 4, 2021
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`June 10, 2021
`June 17, 2021
`July 15, 2021
`August 5, 2021
`August 12, 2021
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`August 19, 2021
`September 2, 2021
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`September 16, 2021
`September 23, 2021
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`October 1, 2021
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`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.
`Parties file Responsive claim construction briefs.
`Parties file Reply claim construction briefs.
`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.
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`Deadline to add parties.
`Deadline to serve Final Infringement and Invalidity
`Contentions.
`Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or claims.
`Close of Fact Discovery.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`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, discovery and deposition 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, discovery and
`deposition designations); file oppositions to motions in limine
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`Page 3 of 4
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`DISH Ex-1015, p. 3
`DISH v. BBiTV
`IPR2020-01267
`
`

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`Case 6:19-cv-00716-ADA Document 34 Filed 04/10/20 Page 4 of 4
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`October 8, 2021
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`3 business days before Final
`Pretrial Conference
`49 weeks after Markman
`hearing (or as soon as
`practicable)
`52 weeks after Markman
`hearing (or as soon as
`practicable)
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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.
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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 on _________________________.
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`____________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`Page 4 of 4
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`DISH Ex-1015, p. 4
`DISH v. BBiTV
`IPR2020-01267
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