`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ESTECH SYSTEMS, INC.,
`
`CIVIL ACTION NO. 6:20-CV-00322-ADA
`
`Plaintiff
`
`v.
`
`REGIONS FINANCIAL CORPORATION,
`Defendant.
`
`AGREED SCHEDULING ORDER
`
`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
`
`following schedule will govern deadlines up to and including the trial of this matter:
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`Proposed Date
`
`Item
`
`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.
`
`August 21, 2020 Deadline for Motions to Transfer
`
`September 25,
`2020
`
`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.
`
`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.
`
`October 9, 2020
`
`Parties exchange claim terms for construction.
`
`October 23,
`2020
`
`October 30,
`2020
`
`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 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.
`
`November 6,
`2020
`
`Deadline to meet and confer to narrow terms in dispute and exchange revised
`list of terms/constructions.
`
`November 12,
`2020
`
`Parties file Opening claim construction briefs, including any arguments that
`any claim terms are indefinite.
`
`December 3,
`2020
`
`December 17,
`2020
`
`December 22,
`2020
`
`Parties file Responsive claim construction briefs.
`
`Parties file Reply claim construction briefs.
`
`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.
`
`January 28, 2021 Markman Hearing at 9:00 a.m.
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`2
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`
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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).
`
`March 11, 2021 Deadline to add parties.
`
`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.
`
`April 22, 2021
`
`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or claims.
`
`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
`
`September 17,
`2021
`
`September 23,
`2021
`
`September 30,
`2021
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`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.
`
`October 12, 2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`
`October 22,
`2021
`
`October 28,
`2021
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Serve objections to rebuttal disclosures and File Motions in limine.
`
`3
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`
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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
`
`File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits
`lists, witness lists, discovery and deposition designations); file oppositions to
`motions in limine
`
`November 9,
`2021
`
`Deadline to meet and confer regarding remaining objections and disputes on
`motions in limine.
`
`November 11,
`2021
`
`File joint notice identifying remaining objections to pretrial disclosures and
`disputes on motions in limine.
`
`November 16,
`2021
`
`Final Pretrial Conference. The Court expects to set this date at the conclusion
`of the Markman Hearing.
`
`December 7,
`2021
`
`Jury Selection/Trial. The Court expects to set this date at the conclusion of
`the Markman Hearing.2
`
`ORDERED this 28th day of October, 2020
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`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.
`
`4
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`