Case 6:20-cv—00663-ADA Document 28 Filed 11/30/20 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
`
`
`KOSS CORPORATION,
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`Case No.
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`6:20-cv-00663-ADA
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`Plaintiff,
`
`V.
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`PLANTRONICS, INC. and POLYCOM, INC.,
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`Defendants.
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`KOSS CORPORATION,
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`Plaintiff,
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`V.
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`SKULLCANDY, INC.,
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`Defendant.
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`KOSS CORPORATION,
`
`Plaintiff,
`
`V.
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`APPLE INC.,
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`Defendant.
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`JURY TRIAL DEMANDED
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`Case No.
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`6:20-cv-00664-ADA
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`JURY TRIAL DEMANDED
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`Case No.
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`6:20-cv-00665-ADA
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`JURY TRIAL DEMANDED
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`
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`AGREED SCHEDULING ORDER
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`Bose Exhibit 1082
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`Bose V. Koss
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`

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`Case 6:20-cv-00663-ADA Document 28 Filed 11/30/20 Page 2 of 4
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`DATE
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`EVENT
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`November 6, 2020
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`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
`i.e.
`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.
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`December 18, 2020 Deadline for Motions to Transfer.
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`January 8, 2021
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`Deadline for Plaintiff 5 response to Motions to Transfer.
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`January 15, 2021
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`Deadline for Defendant’s reply in support of Motion to Transfer.
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`January 15, 2021
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`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
`two years preceding the filing of the Complaint, unless the parties agree
`to some other timeframez.
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`January 22, 2021
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`Parties exchange claim terms for construction.
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`January 29, 2021
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`Parties exchange proposed claim constructions.
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`February 5, 2021
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`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.3 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.
`
`
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`
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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.
`2 Inclusion of this deadline does not prejudice any defendant’s rights to raise with the Court any
`issues relating to an alleged lack of pre-suit notice.
`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
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`

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`Case 6:20-cv-00663—ADA Document 28 Filed 11/30/20 Page 3 of 4
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`DATE
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`EVENT
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`February 12, 2021
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`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
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`February 19, 2021
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`Plaintiff files Opening claim construction brief, including any arguments
`that any claim terms are indefinite.
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`March 12,2021
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`Defendant files Responsive claim construction brief.
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`March 26, 2021
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`Plaintiff files reply claim construction brief.
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`April 9, 2021
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`Defendant files a Sur-Reply claim construction brief.
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`April 14,2021
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`Parties submit Joint Claim Construction Statement.
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`See General Issues Note #8 regarding providing copies of the briefing to
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`
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`the Court and the technical adviser (if appointed). April 15, 2021
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`April 22, 2021
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`April 23, 2021
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`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).4
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`Markman
`Markman Hearing at 9:00 am.
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`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
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`June 3, 2021
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`Deadline to add parties.
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`June 17, 2021
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`August 12, 2021
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`October 21, 2021
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`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.
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`November 4, 2021
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`Close of Fact Discovery.
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`November 19, 2021
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`Opening Expert Reports.
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`December 23, 2021
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`Rebuttal Expert Reports.
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`January 20, 2022
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`Close of Expert Discovery.
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`4 The parties should contact the law clerk to request a Box link so that they can directly upload the
`file to the Court’s Box account.
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`

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`Daubert
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`in limine.
`
`in limine
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`in limine
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`in limine.
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`Markman
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`