`
`EcoFactor Schedules
`
`
`Item
`Submit to Court agreed upon scheduling order
`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.
`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. In addition to
`filing, the parties shall jointly submit, via USB drive, cloud-storage,
`or email to the law clerk pdf versions of all as-filed briefing and
`exhibits. Absent agreement of the parties, the Plaintiff shall be
`responsible for the timely submission of this and other Joint filings.
`Technology Tutorial DUE
`Court will provide preliminary claim constructions (ideally by 5 PM
`CST)
`Markman
`
`
`
`1
`
`Proposed date
`7-13-2020
`7-13-2020
`8-17-2020
`
`9-1-2020
`9-15-2020
`9-22-2020
`
`9-29-2020
`
`10-6-2020
`
`10-27-2020
`11-10-2020
`11-17-2020
`
`12-2-2020
`12-8-2020
`
`12-9-2020
`
`EcoFactor, Inc.
`Exhibit 2001
`IPR2021-00054
`Page 1 of 2
`
`
`
`Case 6:20-cv-00075-ADA Document 33 Filed 07/16/20 Page 2 of 2
`
`Item
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`Deadline to add parties.
`Deadline to serve Final Infringement and Invalidity Contentions. After
`this date, leave of Court is required for any amendment to Infringement
`or Invalidity contentions. This deadline does not relieve the Parties of
`their obligation to seasonably amend if new information is identified
`after initial 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 Joint
`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
`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.
`Jury Selection-Trial. The Court expects to set this date at the conclusion
`of the Markman Hearing.
`
`Proposed date
`1:30 P.M. (SET)
`12-16-2020
`
`1-20-2021
`2-3-2021
`
`3-3-2021
`
`7-7-2021
`7-14-2021
`8-11-2021
`9-1-2021
`9-8-2021
`
`9-15-2021
`9-29-2021
`
`10-13-2021
`10-20-2021
`10-27-2021
`
`11-3-2021
`
`11-12-2021
`
`11-17-2021
`
`12-6-2021
`
`
`
`
`
`
`
`EcoFactor, Inc.
`Exhibit 2001
`IPR2021-00054
`Page 2 of 2
`
`