Case 6:20-cv-00322-ADA Document 40 Filed 10/28/20 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ESTECH SYSTEMS, INC.,
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`CIVIL ACTION NO. 6:20-CV-00322-ADA
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`Plaintiff
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`v.
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`REGIONS FINANCIAL CORPORATION,
`Defendant.
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`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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`Proposed Date
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`Item
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`July 31, 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 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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`August 21, 2020 Deadline for Motions to Transfer
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`September 25,
`2020
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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)
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`1 The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave
`of the 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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`Ex. 2002
`Cisco Systems, Inc. v. Estech Systems, Inc.
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`Case 6:20-cv-00322-ADA Document 40 Filed 10/28/20 Page 2 of 4
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`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.
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`October 9, 2020
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`Parties exchange claim terms for construction.
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`October 23,
`2020
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`October 30,
`2020
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`Parties exchange proposed claim constructions.
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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 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 therefore. 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.
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`November 6,
`2020
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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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`November 12,
`2020
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`Parties file Opening claim construction briefs, including any arguments that
`any claim terms are indefinite.
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`December 3,
`2020
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`December 17,
`2020
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`December 22,
`2020
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`Parties file Responsive claim construction briefs.
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`Parties file Reply claim construction briefs.
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`Parties submit Joint Claim Construction Statement. In addition to filing, the
`parties shall jointly submit, via USB drive, cloud-storage, or email to the law
`clerk pdf versions of all as-filed briefing and exhibits. Absent agreement of
`the parties, the Plaintiff shall be responsible for the timely submission of this
`and other Joint filings.
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`January 28, 2021 Markman Hearing at 9:00 a.m.
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`Case 6:20-cv-00322-ADA Document 40 Filed 10/28/20 Page 3 of 4
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`February 4, 2021 Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
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`March 11, 2021 Deadline to add parties.
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`March 25, 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.
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`April 22, 2021
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`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or claims.
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`August 5, 2021
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`Close of Fact Discovery.
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`August 12, 2021 Opening Expert Reports.
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`September 2,
`2021
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`September 17,
`2021
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`September 23,
`2021
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`September 30,
`2021
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`Rebuttal Expert Reports.
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`Close of Expert Discovery.
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`Deadline to meet and confer to discuss narrowing the number of claims
`asserted and prior art references at issue. The parties shall file a Joint Report
`within 5 business days regarding the results of the meet and confer.
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`Dispositive motion deadline and Daubert motion deadline.
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`October 12, 2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
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`October 22,
`2021
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`October 28,
`2021
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`Serve objections to rebuttal disclosures and File Motions in limine.
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`Case 6:20-cv-00322-ADA Document 40 Filed 10/28/20 Page 4 of 4
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`November 2,
`2021
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits
`lists, witness lists, discovery and deposition designations); file oppositions to
`motions in limine
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`November 9,
`2021
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`Deadline to meet and confer regarding remaining objections and disputes on
`motions in limine.
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`November 11,
`2021
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`File joint notice identifying remaining objections to pretrial disclosures and
`disputes on motions in limine.
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`November 16,
`2021
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`Final Pretrial Conference. The Court expects to set this date at the conclusion
`of the Markman Hearing.
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`December 7,
`2021
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`Jury Selection/Trial. The Court expects to set this date at the conclusion of
`the Markman Hearing.2
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`ORDERED this 28th day of October, 2020
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`2 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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