UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Civil Action Nos. 6:19-cv-00525-ADA
`
`JOINT MOTION FOR ENTRY OF
`AGREED SCHEDULING ORDER
`
`))))))))))
`
`SYNKLOUD TECHNOLOGIES LLC,
`
`Plaintiff,
`
`vs.
`
`DROPBOX, INC.,
`
`Defendant.
`
`Agreed Scheduling Order
`
`Deadline
`
`Item
`
`12/24/2019
`
`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.
`1/6/2020 Case Management Conference Date
`1/21/2020 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.
`
`3/13/2020
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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 claims requires
`leave of court so that the Court can address any scheduling issues.
`
`Adobe - Exhibit 1029, page 1
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`

`

`5/29/2020
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`Parties exchange claim terms for construction
`5/1/2020
`5/15/2020 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 of produce a copy of any
`such item if not previously produced.
`6/12/2020 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.
`
`7/2/2020
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`7/31/2020 Parties file Responsive claim construction briefs.
`
`8/14/2020 Parties file Reply claim construction briefs.
`8/21/2020 Parties submit Joint Claim Construction Statement, optional tutorials, and consolidated
`briefing collated by Opening, Response, and Reply.
`9/11/2020 Full day Markman Hearing
`9/18/2020 Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`10/23/2020 Deadline to add parties
`11/6/2020 Deadline to serve Final Infringement and Invalidity Contentions.
`11/13/2020 To the extent that Defendants rely on an opinion of counsel, such opinion(s) must be
`produced.
`12/4/2020 Deadline to amend pleadings. A motion is not required unless the amendment adds
`patents or claims.
`2/26/2021 Close of Fact Discovery
`3/25/2021 Opening Expert Reports
`5/14/2021 Rebuttal Expert Reports
`6/11/2021 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.
`7/9/2021 Dispositive motion deadline and Daubert motion deadline.
`7/30/2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, designations)
`8/13/2021 Serve objections to pretrial disclosures/rebuttal disclosures
`8/20/2021 Serve objections to rebuttal disclosures and File Motions in limine.
`
`6/25/2021
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`Adobe - Exhibit 1029, page 2
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`

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`File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits lists,
`9/3/2021
`witness lists, designations); file oppositions to motions in limine.
`9/10/2021 Deadline to meet and confer regarding remaining objections and disputes on motions in
`limine.
`9/21/2021 File joint notice identifying remaining objections to pretrial disclosures and disputes on
`motions in limine.
`9/24/2021 Final Pretrial Conference
`10/4/2021-
`10/22/2021 Predicted Date for First Jury Selection/Trial (Separate trials for Adobe and DropBox)
`
`SIGNED THIS
`
` day of
`
`, 2020.
`
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`Adobe - Exhibit 1029, page 3
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`