`
`Case 6:20-cv-00600-ADA Document 26 Filed 10/07/20 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TELEPUTERS, LLC,
`
`Plaintiff,
`
`v.
`
`ORACLE CORPORATION AND SUN
`MICROSYSTEMS, INC.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`NO. 6:20-CV-00600
`
`
`
`PROPOSED AGREED CASE SCHEDULE
`
`Pre-Markman Deadlines
`
`Court’s Default Schedule
`
`September 30, 2020
`October 14, 2020
`(2 weeks after CMC)
`N/A
`November 18, 2020
`(7 weeks after CMC)
`
`Parties’ Proposed
`Schedule
`COMPLETED
`Same as Default
`
`October 28, 2020
`Same as Default
`
`
`
`1
`
`Event
`
`Case Management Conference
`Entry of Agreed Scheduling Order
`Deadline for Motions to Transfer.
`Entry of a Protective Order
`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)
`
`Oracle-1011 p. 1
`Oracle v. Teleputers
`IPR2021-00078
`
`
`
`
`
`Case 6:20-cv-00600-ADA Document 26 Filed 10/07/20 Page 2 of 6
`
`for the two years preceding the filing
`of the Complaint, 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
`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.
`Deadline to meet and confer to narrow
`terms in dispute and exchange revised
`list of terms/constructions.
`
`December 2, 2020
`(9 weeks after CMC)
`December 16, 2020
`(11 weeks after CMC)
`December 23, 2020
`(12 weeks after CMC)
`
`Same as Default
`
`Same as Default
`
`Same as Default
`
`December 30, 2020
`(13 weeks after CMC)
`
`January 6, 2021
`(moved back one week
`to accommodate Winter
`Holidays)
`
`
`
`2
`
`Oracle-1011 p. 2
`Oracle v. Teleputers
`IPR2021-00078
`
`
`
`
`
`Case 6:20-cv-00600-ADA Document 26 Filed 10/07/20 Page 3 of 6
`
`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, Box (not another
`cloud storage), 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.
`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.
`Markman Hearing at [afternoon].
`
`Fact Discovery opens; deadline to serve
`Initial Disclosures per Rule 26(a).
`
`January 6, 2021
`(14 weeks after CMC)
`
`January 27, 2021
`(17 weeks after CMC)
`
`February 10, 2021
`(19 weeks after CMC)
`
`February 17, 2021
`(20 weeks after CMC)
`
`January 13, 2021
`(moved one week to
`accommodate Winter
`Holidays)
`February 4, 2021
`(moved one week to
`accommodate Winter
`Holidays)
`February 17, 2021
`(moved one week to
`accommodate Winter
`Holidays)
`February 24, 2021
`(moved one week to
`accommodate Winter
`Holidays)
`
`Same as Default
`
`Same as Default
`
`Same as Default
`
`March 5, 2021
`(23 weeks after CMC [March
`15, 2021] (but at least 1 week
`before Markman hearing))
`
`March 12, 2021
`(per E. Pearson’s 9/28/20 email)
`March 15, 2021
`(1 business day after Markman
`hearing)
`
`
`
`
`
`
`
`3
`
`Oracle-1011 p. 3
`Oracle v. Teleputers
`IPR2021-00078
`
`
`
`
`
`Case 6:20-cv-00600-ADA Document 26 Filed 10/07/20 Page 4 of 6
`
`Post-Markman Deadlines
`
`Albright’s Default Schedule
`
`April 23, 2021
`(6 weeks after Markman hearing)
`May 7, 2021
`(8 weeks after Markman hearing)
`
`Parties’ Suggested
`Schedule
`Same as Default
`
`Same as Default
`
`June 4, 2021
`(12 weeks after Markman hearing)
`
`Same as Default
`
`September 10, 2021
`(26 weeks after Markman)
`
`Same as Default
`
`Item
`
`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 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.
`Close of Fact Discovery.
`
`October 8, 2021
`(30 weeks after Markman hearing)
`October 15, 2021
`(31 weeks after Markman hearing)
`November 12, 2021
`(35 weeks after Markman hearing)
`December 3, 2021
`(38 weeks after Markman hearing)
`
`Same as Default
`
`Same as Default
`
`Opening Expert Reports.
`
`Same as Default
`
`Rebuttal Expert Reports.
`
`Same as Default
`
`Close of Expert Discovery.
`
`
`
`4
`
`Oracle-1011 p. 4
`Oracle v. Teleputers
`IPR2021-00078
`
`
`
`
`
`Case 6:20-cv-00600-ADA Document 26 Filed 10/07/20 Page 5 of 6
`
`December 10, 2021
`(39 weeks after Markman hearing)
`
`Same as Default
`
`December 17, 2021
`(40 weeks after Markman hearing)
`December 31, 2021
`(42 weeks after Markman hearing)
`
`Same as Default
`
`Same as Default
`
`January 14, 2022
`(44 weeks after Markman hearing)
`January 21, 2022
`(45 weeks after Markman hearing)
`
`Same as Default
`
`Same as Default
`
`January 28, 2022
`(46 weeks after Markman hearing)
`
`Same as Default
`
`February 4, 2022
`(47 weeks after Markman hearing)
`
`Same as Default
`
`
`
`5
`
`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.
`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
`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.
`
`Oracle-1011 p. 5
`Oracle v. Teleputers
`IPR2021-00078
`
`
`
`
`
`Case 6:20-cv-00600-ADA Document 26 Filed 10/07/20 Page 6 of 6
`
`Same as Default
`
`Same as Default
`
`Same as Default
`
`February 15, 2022
`(3 business days before Final
`Pretrial Conference)
`February 18, 2022
`(49 weeks after Markman hearing
`(or as soon as practicable))
`March 11, 2022
`(52 weeks after Markman hearing
`(or as soon as practicable))
`
`
`
`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 these dates at the
`conclusion of the Markman Hearing.
`
`SO ORDERED this _____ day of _____________________, 2020.
`
`
`
`
`
`
`
`
`
`The Honorable Alan D. Albright
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`6
`
`
`
`
`
`Oracle-1011 p. 6
`Oracle v. Teleputers
`IPR2021-00078
`
`
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