`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`DEMARAY LLC,
`
` PLAINTIFF,
`
`v.
`
`INTEL CORPORATION,
`
` DEFENDANT.
`
`DEMARAY LLC,
`
`PLAINTIFF,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD (A
`KOREAN COMPANY), SAMSUNG
`ELECTRONICS AMERICA, INC.,
`SAMSUNG SEMICONDUCTOR, INC., and
`SAMSUNG AUSTIN SEMICONDUCTOR,
`LLC,
`
` DEFENDANTS.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL ACTION NO. 6:20-CV-00634
`JUDGE ALBRIGHT
`
`CIVIL ACTION NO. 6:20-CV-00636
`JUDGE ALBRIGHT
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`SCHEDULING ORDER
`
`It is ORDERED that the following schedule of deadlines is in effect until further order
`
`of this Court:
`
`Date
`10/9/2020
`
`Deadline
`Plaintiff serves preliminary1 infringement contentions in the form of a chart
`setting forth where in the accused product(s) each element of the asserted
`
`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
`
`Demaray Ex. 2005-p. 1
`Applied Materials v Demaray
`IPR2021-00106
`
`
`
`Case 6:20-cv-00636-ADA Document 33 Filed 10/27/20 Page 2 of 4
`
`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.
`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 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.
`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
`
`11/06/20
`
`12/11/2020
`
`12/23/2020
`1/8/2021
`
`1/15/2021
`
`1/22/2021
`
`1/29/2021
`
`2/19/2021
`3/5/2021
`
`3/12/2021
`
`material. Any amendment to add claims requires leave of court so that the Court can address any
`scheduling issues.
`
`Demaray Ex. 2005-p. 2
`Applied Materials v Demaray
`IPR2021-00106
`
`
`
`Case 6:20-cv-00636-ADA Document 33 Filed 10/27/20 Page 3 of 4
`
`3/19/2021
`
`5/14/2021
`
`6/7/2021
`
`7/9/2021
`
`10/8/2021
`
`parties, the Plaintiff shall be responsible for the timely submission of this and
`other Joint filings.2
`Parties submit optional technical tutorials to the Court and technical adviser
`(if appointed). 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.
`3/26/2021 Markman Hearing at 1:30 p.m.
`3/29/2021
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`4/30/2021
`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.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
`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.
`10/15/2021 Dispositive motion deadline and Daubert motion deadline.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`10/26/2021
`designations).
`11/9/2021
`Serve objections to pretrial disclosures/rebuttal disclosures.
`11/16/2021
`Serve objections to rebuttal disclosures and file Motions in limine.
`File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits
`lists, witness lists, 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
`
`8/13/2021
`8/20/2021
`9/17/2021
`10/6/2021
`
`11/23/2021
`
`12/3/2021
`
`2 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.
`
`Demaray Ex. 2005-p. 3
`Applied Materials v Demaray
`IPR2021-00106
`
`
`
`Case 6:20-cv-00636-ADA Document 33 Filed 10/27/20 Page 4 of 4
`
`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 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.4
`
`12/7/2021
`
`12/10/2021
`
`12/27/20213
`
`SIGNED this
`
`27th
`
` day of October 2020.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`3 If the trial in Demaray LLC v. Intel Corporation, 6:20-CV-00636-ADA, proceeds on the
`indicated date, Plaintiff requests that the Samsung trial date follow shortly thereafter.
`4 If the actual trial date materially differs from the Court’s default schedule, the Court will
`consider reasonable amendments to the case schedule post-Markman that are consistent with the
`Court’s default deadlines in light of the actual trial date.
`
`Demaray Ex. 2005-p. 4
`Applied Materials v Demaray
`IPR2021-00106
`
`