Case 6:20-cv-00505-ADA Document 35 Filed 11/13/20 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE WESTERN DISTRICT OF TEXAS
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`WACO DIVISION
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`NEONODE SMARTPHONE LLC,
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`Plaintiff,
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`Civil Action No. 6:20-cv-00505-ADA
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`v.
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`APPLE INC.,
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`JURY TRIAL DEMANDED
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`Defendants.
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`AMENDED AGREED SCHEDULING ORDER
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
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`following schedule will govern deadlines up to and including the trial of this matter:
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`Deadline
`October 16, 2020
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`November 6, 2020
`December 18, 2020
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`Item
`Plaintiff serves preliminary1 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 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
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`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 patent claims requires leave of court so that
`the Court can address any scheduling issues.
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`1
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`EXHIBIT 1046
`Samsung et al. v. Neonode
`IPR2021-00144 IPR2021-00145
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`

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`Case 6:20-cv-00505-ADA Document 35 Filed 11/13/20 Page 2 of 4
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`Deadline
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`January 8, 2021
`January 18, 2021
`January 20, 2021
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`January 22, 2021
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`January 29, 2021
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`February 19, 2021
` March 5, 2021
`March 19, 2021
`March 24, 2021
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`Item
`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.
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`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 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 identify the scope of the topics for the witness’s
`expected testimony.2 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.
`Plaintiff files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
`Defendant files Responsive claim construction brief.
` Plaintiff files Reply claim construction brief.
`Defendant files a Sur-Reply claim construction brief.
`Parties submit Joint Claim Construction Statement. See
`General Issues Note #8 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
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`April 1, 2021
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`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).3
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`April 8, 2021
`April 9, 2021
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`Markman Hearing at 9:00 a.m.
`Fact Discovery opens; deadline to serve Initial Disclosures per
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`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other party.
`3 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.
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`2
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`

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`Case 6:20-cv-00505-ADA Document 35 Filed 11/13/20 Page 3 of 4
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`Deadline
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`May 21, 2021
`June 4, 2021
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`July 2, 2021
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`October 8, 2021
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`November 5, 2021
`November 12, 2021
`December 10, 2021
`December 30, 2021
`January 7, 2022
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`January 14, 2022
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`January 28, 2022
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`February 11, 2022
`February 18, 2022
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`February 25, 2022
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`Item
`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 patent claims. (Note: This
`includes amendments in response to a 12(c) motion.)
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`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.
`Dispositive motion deadline and Daubert motion deadline.
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`See General Issues Note #8 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`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
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`3
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`

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`Case 6:20-cv-00505-ADA Document 35 Filed 11/13/20 Page 4 of 4
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`Deadline
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`March 4, 2022
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`March 15, 2022
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`March 18, 2022
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`April 11, 20224
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`Item
`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
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`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 these dates at
`the conclusion of the Markman Hearing.
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`SIGNED this ____________ day of ____________________, 2020.
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`13th
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` November
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`___________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`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
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`4
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