Case 6:20-cv-00640-ADA Document 29 Filed 11/04/20 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TELEPUTERS, LLC,
`
`Plaintiff,
`
`v.
`
`FUJITSU AMERICA, INC., et al.,
`Defendants.
`
`Case No. 6:20-cv-00640-ADA
`
`SCHEDULING ORDER
`
`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
`
`following schedule will govern deadlines up to and including the trial of this matter:
`
`Date
`
`Event
`
`Deadline for Motions to Transfer
`
`Response to Motions to Transfer
`
`Replies to 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
`
`30 days after
`the latest date
`that any
`defendant
`files its
`answer
`
`2 weeks from
`filing of
`Motion to
`Transfer
`
`3 weeks from
`filing of
`Motion to
`Transfer
`
`12/4/2020
`
`EAST\177233714.1
`
`Oracle-1009 p. 1
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:20-cv-00640-ADA Document 29 Filed 11/04/20 Page 2 of 5
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`accused product(s), and (3) summary, annual sales information for the
`accused product(s) for the two years preceding the filing of the Complaint,
`unless the parties agree to some other timeframe.
`
`12/18/2020
`
`Parties exchange claim terms for construction
`
`1/4/2021
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`Parties exchange proposed claim constructions.
`
`1/11/2021
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`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 therefor. 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.
`
`1/19/2021
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`1/25/2021
`
`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.
`
`2/15/2021
`
`Parties file Responsive claim construction briefs.
`
`3/1/2021
`
`3/5/2021
`
`Parties file Reply claim construction briefs.
`
`Parties submit Joint Claim Construction Statement. In addition to filing, the
`parties shall jointly submit, via USB drive, Box (not another cloud storage),1
`or email to the law clerk, pdf versions of all as-filed briefing and exhibits.
`Each party shall deliver to Chambers paper copies of its Opening, Response,
`and Reply Markman Briefs, omitting attachments. Absent agreement of the
`parties, the Plaintiff shall be responsible for the timely submission of this and
`other Joint filings.
`
`3/26/2021
`
`Parties submit optional technical tutorials. The parties shall also jointly
`submit, via USB drive, Box (not another cloud storage), or email to the law
`clerk, pdf versions of all as-filed briefing and exhibits.
`
`4/9/2021
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`Markman Hearing at 9:00 a.m.
`
`1 To the extent a party wishes to use cloud storage, the parties should contact the law clerk to
`request a Box link so that the party can directly upload the file to the Court’s Box account.
`
`EAST\177233714.1
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`Oracle-1009 p. 2
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:20-cv-00640-ADA Document 29 Filed 11/04/20 Page 3 of 5
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`4/12/2021
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`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a)
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`5/14/2021
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`Deadline to add parties
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`5/28/2021
`
`6/25/2021
`
`10/1/2021
`
`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 patent claims.
`
`Deadline for the first of two meet and confers to discuss significantly
`narrowing the number of claims asserted and prior art references at issue.
`Unless the parties agree to the narrowing, they are ordered to contact the
`Court’s Law Clerk to arrange a teleconference with the Court to resolve the
`disputed issues.
`
`10/29/2021
`
`Fact Discovery Deadline. Fact discovery must be completed by this date.
`Any fact discovery requests must be propounded so that the responses are due
`by this date.
`
`11/5/2021
`
`Opening Expert Reports
`
`12/3/2021
`
`Rebuttal Expert Reports
`
`1/17/2022
`
`Expert Discovery Deadline. Expert discovery must be completed by this date.
`
`12/31/2021
`
`1/26/2022
`
`Deadline for the second of two meet and confer to discuss narrowing the
`number of claims asserted and prior art references at issue to triable limits. To
`the extent it helps the parties determine these limits, the parties are
`encouraged to contact the Court’s Law Clerk for an estimate of the amount of
`trial time anticipated per side. The parties shall file a Joint Report within 5
`business days regarding the results of the meet and confer.
`
`All dispositive motions and Daubert motions shall be filed and served on all
`other parties on or before this date and shall be limited to 25 pages.
`Responses shall be filed and served on all other parties not later than 14 days
`after the service of the motion and shall be limited to 20 pages. Any replies
`shall be filed and served on all other parties not later than 7 days after the
`service of the response and shall be limited to 10 pages, but the Court need
`not wait for the reply before ruling on the motion.
`
`2/16/2022
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`
`EAST\177233714.1
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`- 3 -
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`Oracle-1009 p. 3
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:20-cv-00640-ADA Document 29 Filed 11/04/20 Page 4 of 5
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`2/23/2022
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`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.
`
`File Notice of Request for Daily Transcript or Real Time Reporting. If a daily
`transcript or real time reporting of court proceedings is requested for trial, the
`party or parties making said request shall file a notice with the Court and e-
`mail the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com
`
`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 Pre-Trial Conference. The parties shall provide to the Court an agreed
`jury charge with supported objections of each party, and proposed questions
`for the jury, at the final Pre-Trial Conference.
`
`Jury Selection
`
`Jury Trial Commences
`
`3/2/2022
`
`3/9/2022
`
`3/16/2022
`
`3 business
`days before
`the Final
`Pretrial
`Conference
`
`Date to be set
`by the Court
`at the
`conclusion of
`the Markman
`hearing.
`
`Date to be set
`by the Court
`at the
`conclusion of
`the Markman
`hearing
`
`Date to be set
`by the Court
`at the
`conclusion of
`the Markman
`hearing
`
`SIGNED this _______ day of _____________________, 2020.
`
`EAST\177233714.1
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`Oracle-1009 p. 4
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:20-cv-00640-ADA Document 29 Filed 11/04/20 Page 5 of 5
`
`_________________________________________
`HONORABLE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`AGREED:
`
`By: /s/ Thomas G. Fasone III (w/permission)
`Randall Garteiser
`Texas Bar No. 24038912
`M. Scott Fuller
`Texas Bar No. 24036607
`sfuller@ghiplaw.com
`Thomas G. Fasone III
`Texas Bar No. 00785382
`tfasone@ghiplaw.com
`GARTEISER HONEA, PLLC
`119 W. Ferguson Street
`Tyler, Texas 75702
`Telephone: (903) 705-7420
`Facsimile: (888) 908-4400
`
`Raymond W. Mort, III
`Texas State Bar No. 00791308
`raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Ave, Suite 2000
`Austin, Texas 78701
`Tel/Fax: (512) 865-7950
`
`Attorneys for Plaintiff
`
`By: /s/ Matthew D. Satchwell
`John M. Guaragna
`Texas Bar No 24043308
`DLA PIPER LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, TX 78701-3799
`Tel: 512.457.7125
`Fax: 512.457.7001
`john.guaragna@dlapiper.com
`
`Matthew D. Satchwell (Pro Hac Vice)
`Illinois Bar No. 6290672
`matthew.satchwell@dlapiper.com
`DLA PIPER LLP
`444 West Lake Street, Suite 900
`Chicago, Illinois 60606-0089
`Tel: (312) 368-4000
`Fax: (312) 236-7516
`
`Dawn M. Jenkins
`Texas Bar No. 24074484
`dawn.jenkins@dlapiper.com
`DLA PIPER LLP
`1000 Louisiana Street, Suite 2800
`Houston, TX 77002-5005
`Tel. 713.425.8400
`Fax. 713.425.8401
`dawn.jenkins@dlapiper.com
`
`Attorneys for Defendants
`
`EAST\177233714.1
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`- 5 -
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`Oracle-1009 p. 5
`Oracle v. Teleputers
`IPR2021-00078
`
`