`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TEXAS
`
`WACO DIVISION
`
`
`KOSS CORPORATION,
`
`Case No.
`
`6:20-cv-00663-ADA
`
`Plaintiff,
`
`V.
`
`PLANTRONICS, INC. and POLYCOM, INC.,
`
`Defendants.
`
`KOSS CORPORATION,
`
`Plaintiff,
`
`V.
`
`SKULLCANDY, INC.,
`
`Defendant.
`
`KOSS CORPORATION,
`
`Plaintiff,
`
`V.
`
`APPLE INC.,
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`Case No.
`
`6:20-cv-00664-ADA
`
`JURY TRIAL DEMANDED
`
`Case No.
`
`6:20-cv-00665-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`AGREED SCHEDULING ORDER
`
`Bose Exhibit 1082
`
`Bose V. Koss
`
`
`
`Case 6:20-cv-00663-ADA Document 28 Filed 11/30/20 Page 2 of 4
`
`DATE
`
`EVENT
`
`November 6, 2020
`
`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.
`
`December 18, 2020 Deadline for Motions to Transfer.
`
`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.
`
`January 15, 2021
`
`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.
`
`January 22, 2021
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`Parties exchange claim terms for construction.
`
`January 29, 2021
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`Parties exchange proposed claim constructions.
`
`February 5, 2021
`
`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.
`
`
`
`
`
`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.
`
`
`
`Case 6:20-cv-00663—ADA Document 28 Filed 11/30/20 Page 3 of 4
`
`DATE
`
`EVENT
`
`February 12, 2021
`
`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`
`February 19, 2021
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`Plaintiff files Opening claim construction brief, including any arguments
`that any claim terms are indefinite.
`
`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.
`
`See General Issues Note #8 regarding providing copies of the briefing to
`
`
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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
`
`Markman
`Markman Hearing at 9:00 am.
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`
`June 3, 2021
`
`Deadline to add parties.
`
`June 17, 2021
`
`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.
`
`November 4, 2021
`
`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.
`
`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.
`
`
`
`Daubert
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`in limine.
`
`in limine
`
`in limine
`
`in limine.
`
`Markman
`
`