Case 6:18-cv-00308-ADA Document 51 Filed 02/27/19 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MV3 PARTNERS LLC,
`
`Plaintiff,
`
`v.
`
`ROKU, INC.,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`Civil Action No.: 6:18-cv-00308-ADA
`
`JURY TRIAL DEMANDED
`
`DEADLINE:
`February 4, 2019
`(10 days before CMC)
`
`February 27, 2019
`(2 weeks after CMC)
`
`April 3, 2019
`(7 weeks after CMC)
`
`SCHEDULING ORDER
`
`ITEM:
`Plaintiff serves preliminary 1 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
`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)
`including software where applicable,
`technical documents,
`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.
`
`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.
`
`Oracle-1014 p. 1
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:18-cv-00308-ADA Document 51 Filed 02/27/19 Page 2 of 4
`
`April 17, 2019
`(9 weeks after CMC)
`
`May 1, 2019
`(11 weeks after CMC)
`
`Parties exchange claim terms for construction.
`
`Parties exchange proposed claim constructions.
`
`May 15, 2019
`(13 weeks after CMC)
`
`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`
`May 22, 2019
`(14 weeks after CMC)
`
`Parties file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
`
`June 12, 2019
`(17 weeks after CMC)
`
`June 26, 2019
`(19 weeks after CMC)
`
`July 3, 2019
`(20 weeks after CMC)
`
`July 19, 2019
`(23 weeks after CMC-or as
`soon as practicable)
`
`July 31, 2019
`( 1 week after Markman
`hearing)
`
`September 4, 2019
`( 6 weeks after Markman
`hearing)
`
`September 18, 2019
`(8 weeks after Markman
`hearing)
`
`October 16, 2019
`( 12 weeks after Markman
`hearing)
`
`January 8, 2020
`(24 weeks after Markman
`hearing)
`
`Parties file Responsive claim construction briefs.
`
`Parties file Reply claim construction briefs.
`
`Parties submit Joint Claim Construction Statement, optional
`tutorials, and consolidated briefing collated by Opening,
`Response, and Reply.
`
`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.
`
`Oracle-1014 p. 2
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:18-cv-00308-ADA Document 51 Filed 02/27/19 Page 3 of 4
`
`January 15, 2020
`(25 weeks after Markman
`hearing)
`
`February 12, 2020
`(29 weeks after Markman
`hearing)
`
`March 4, 2020
`32 weeks after Markman
`hearing)
`
`March 11, 2020
`(33 weeks after Markman
`hearing)
`
`March 18, 2020
`(34 weeks after Markman
`hearing)
`
`April 1, 2020
`(36 weeks after Markman
`hearing)
`
`April 15, 2020
`(3 8 weeks after Markman
`hearing)
`
`April 22, 2020
`(39 weeks after Markman
`hearing)
`
`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 Gury
`witness lists, designations).
`
`instructions, exhibits
`
`lists,
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Serve objections to rebuttal disclosures and File Motions in
`limine.
`
`April 29, 2020
`( 40 weeks after Markman
`hearing)
`
`File Joint Pretrial Order and Pretrial Submissions Gury
`lists, designations); file
`lists, witness
`instructions, exhibits
`oppositions to motions in limine.
`
`May 6, 2020
`( 41 weeks after Markman
`hearing)
`
`May 15, 2020
`(3 business days before
`Final Pretrial Conference)
`
`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.
`
`Oracle-1014 p. 3
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:18-cv-00308-ADA Document 51 Filed 02/27/19 Page 4 of 4
`
`May 20, 2020
`(43 weeks after Markman
`hearing)
`
`June 1-June 12, 2020
`( 44-4 7 weeks after
`Markman hearing)
`
`Final Pretrial Conference.
`
`Jury Selection/Trial.
`
`, 2019.
`
`~~\~:P
`
`UNITED STA TES DISTRICT JUDGE
`
`Oracle-1014 p. 4
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`
`
`05/13/2020
`
`271 Minute Entry for proceedings held before Judge A lan D A lbright: Case called for telephonic status conference.
`Court explained trial was continued to June 29 and that the date was unavoidable. The Court plans to have Mon
`- Wednesday and then the next week have Mon -Thursday. The Court was asked about when the jury should be
`selected. The Court feels that maybe the jury will be chosen the Thursday or Friday before. Judge plans to have
`8 people on the jury. The Defendant has a conflict with one expert witness who is to be expert in EDTX trial
`from 7/6 - 7/10. The Court says trial must go when set - we will have to work around conflicts. The Court states
`that at the Pretrial conference the amount of time limits will be discussed. The Court asks the parties to confer
`and discuss with the law clerk about the final pretrial conference. (Minute entry documents are not available
`electronically ). (Court Report.er Kristie Davis.)(am) (Entered 05/13/2020)
`
`
`
`
`
`
`
`Oracle-1014 p. 5
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`
`
`07/07/2020
`
`301 Minute Entry for proceedings held before Judge A lan D A lbright: Status Conference held on 7n l2020. Case
`called for telephonic status conference. The Court let the parties know that due to the pandemic unfortunately
`that the trial will have to be continued again. The Court suggests the Jury Selection on September 3rd or 4th
`and the trial will start on September 8 - 11, and then continue on the 14th. Counsel is conceme.d that planning
`the trial for September may be too soon. The Court said he will go ahead and set the trial and then we will hope
`that we will be able to proceed at that time. The Final Pretrial Conference should be August 27th. The jury
`pane I will be different so new questionnaires will be sent out. (11,1i:mte entry documents are not available
`electronically ). (Court Report.er Kristie Davis.)(lad) (Entered 07/07/2020)
`
`
`
`
`
`
`
`Oracle-1014 p. 6
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`
`
`08/1 0/2020
`
`306 Minute Entry for proceedings held before Judge A lan D A lbright: Discoveq Hearing held on 8/ 10/2020. Case
`called for telephonic discovery hearing. The Court announced that the trial may go forward in September. The
`defendant voiced that due to the current pandem ic and the numbers associated with it in Waco, that their clients
`feel it would be possibly unsafe for their health and they would like the trial to be moved further out - possibly
`October. The Court was surprised as he thought everyone was on board witi moving forward in September.
`The Court stated that the jury trial will not be held in Septem ber due to defendant's issues and the jury selection
`and tr ial will be continued. (1\,1inute entry documents are not available electronically.) (Court Reporter Kristie
`Davis.)(lad) (Entered: 08/ 10/2020)
`
`
`
`Oracle-1014 p. 7
`Oracle v. Teleputers
`IPR2021-00078
`
`

`

`Case 6:18-cv-00308-ADA Document 308 Filed 08/19/20 Page 1 of 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`MV3 PARTNERS LLC,
` Plaintiff,
`
`v.
`
`ROKU, INC.,
` Defendant.
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`
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`6:18-CV-00308-ADA
`
`
`
`ORDER SETTING FINAL PRETRIAL CONFERENCE, JURY SELECTION, AND
`TRIAL
`
`
`
`IT IS HEREBY ORDERED that the above entitled and numbered case is set for a Final
`
`Pretrial Conference in District Courtroom #2, on the Third Floor of the United States
`
`Courthouse, 800 Franklin Avenue, Waco, TX, on Wednesday September 23, 2020 at 2:00pm.
`
`
`
`IT IS FURTHER ORDERED that this case is set for JURY SELECTION before
`
`Magistrate Judge Jeffrey C. Manske in District Courtroom #2, on the Third Floor of the United
`
`States Courthouse, 800 Franklin Avenue, Waco, TX, on Thursday October 1, 2020 at 9:30am.
`
`IT IS FINALLY ORDERED that JURY TRIAL will begin with opening arguments on
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`Monday October 5, 2020 at 9:00AM before Judge Alan D Albright in District Courtroom #2,
`
`on the Third Floor of the United States Courthouse, 800 Franklin Avenue, Waco, TX.
`
`SIGNED this 19th day of August, 2020.
`
`
`
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`
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`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`Oracle-1014 p. 8
`Oracle v. Teleputers
`IPR2021-00078
`
`