Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 1 of 5
`
`WORLDS INC.,
`
`Plaintiff,
`
`v.
`
`Case No. 6:20-cv-872-ADA
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`MICROSOFT CORPORATION,
`
`Defendant.
`
`SCHEDULING ORDER
`
`Upon motion of the parties, and upon good cause shown, the court enters the following
`
`schedule for this action:
`
`Deadline
`
`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 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.
`
`[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.
`The Parties shall submit an agreed Scheduling Order. If the parties cannot
`agree, the parties shall submit a separate Joint Motion for entry of each
`Order briefly setting forth their respective positions on items where they
`cannot agree. Absent agreement of the parties, the Plaintiff shall be
`responsible for the timely submission of this and other Joint filings
`
`12/21/2020
`
`1/11/2021
`
`– 6 –
`
`Patent Owner's Exhibit 2008
`Page 1 of 5
`
`
`
`WORLDS INC.,
`
`Plaintiff,
`
`v.
`
`Case No. 6:20-cv-872-ADA
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`MICROSOFT CORPORATION,
`
`Defendant.
`
`SCHEDULING ORDER
`
`Upon motion of the parties, and upon good cause shown, the court enters the following
`
`schedule for this action:
`
`Deadline
`
`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 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.
`
`[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.
`The Parties shall submit an agreed Scheduling Order. If the parties cannot
`agree, the parties shall submit a separate Joint Motion for entry of each
`Order briefly setting forth their respective positions on items where they
`cannot agree. Absent agreement of the parties, the Plaintiff shall be
`responsible for the timely submission of this and other Joint filings
`
`12/21/2020
`
`1/11/2021
`
`– 6 –
`
`Patent Owner's Exhibit 2008
`Page 1 of 5
`
`
`
`Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 2 of 5
`
`Deadline
`
`Item
`
`1/11/2021 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, and (2) technical documents, including software where
`applicable, sufficient to show the operation of the accused product(s)
`
`2/15/2021
`
`No sales summaries need be produced on this date.
`
`3/5/2021
`
`Parties exchange claim terms for construction.
`
`3/19/2021 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.
`
`4/2/2021
`
`[2] Any party may utilize a rebuttal expert in response to a brief where
`expert testimony is relied upon by the other party.
`
`4/2/2021
`
`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`
`4/9/2021
`
`Plaintiff files Opening claim construction brief, including any arguments
`that any claim terms are indefinite.
`
`4/30/2021 Defendant files Responsive claim construction brief.
`
`– 7 –
`
`Patent Owner's Exhibit 2008
`Page 2 of 5
`
`
`
`Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 3 of 5
`
`Deadline
`
`Item
`
`5/14/2021 Plaintiff files Reply claim construction brief.
`
`5/28/2021 Defendant files Sur-Reply claim construction brief.
`
`5/31/2021
`
`6/4/2021
`
`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).
`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).[3]
`
`[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.
`
`6/11/2021 Markman Hearing at 9:30 a.m. for one hour
`
`6/12/2021
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`
`7/23/2021 Deadline to add parties.
`
`8/6/2021
`
`10/2/2021
`
`9/13/2021
`
`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. (Note: This includes
`amendments in response to a 12(c) motion.)
`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.
`
`10/11/2021 Close of Fact Discovery
`
`10/18/2021 Opening Expert Reports
`
`11/15/2021 Rebuttal Expert Reports
`
`12/6/2021 Close of Expert Discovery
`
`– 8 –
`
`Patent Owner's Exhibit 2008
`Page 3 of 5
`
`
`
`Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 4 of 5
`
`Deadline
`
`Item
`
`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.
`See General Issues Note #8 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`
`12/13/2021
`
`12/20/2021
`
`1/3/2022
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`
`1/17/2022 Serve objections to pretrial disclosures/rebuttal disclosures.
`
`1/24/2022 Serve objections to rebuttal disclosures and File Motions in-limine.
`
`1/31/2022
`
`2/7/2022
`
`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.
`
`2/18/2022
`
`File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in-limine.
`
`2/21/2022
`
`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`
`3/14/2022
`
`Jury Selection/Trial. The Court expects to set this date at the conclusion
`of the Markman Hearing.
`
`– 9 –
`
`Patent Owner's Exhibit 2008
`Page 4 of 5
`
`
`
`Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 5 of 5
`
`15th
`
`January
`ORDERED this _____ day of ____________, 2021.
`
`_____________________________
`
`ALAN D ALBRIGHT
`
`UNITED STATES DISTRICT JUDGE
`
`– 10 –
`
`Patent Owner's Exhibit 2008
`Page 5 of 5
`
`
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