Case 6:20-cv-00468-ADA Document 34 Filed 08/28/20 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`UNM RAINFOREST INNOVATIONS,
`
`Plaintiff,
`
`v.
`
`DELL TECHNOLOGIES INC., DELL INC.,
`and EMC CORPORATION,
`
`Defendants.
`
`CASE NO. 6:20-CV-00468-ADA
`
`JURY TRIAL DEMANDED
`
`SCHEDULING ORDER
`
`Deadline
`
`Item
`
`August 27, 2020
`
`Deadline for Motions to Transfer
`
`October 1, 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) 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 15, 2020
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`Parties exchange claim terms for construction.
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`October 29, 2020
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`Parties exchange proposed claim constructions.
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`November 5, 2020
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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
`
`Ex. 2005 - IPR2021-00375
`Qualcomm Incorporated v. UNM Rainforest Innovations
`
`

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`Case 6:20-cv-00468-ADA Document 34 Filed 08/28/20 Page 2 of 3
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`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 12, 2020 Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`November 20, 2020 Parties file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
`December 16, 2020 Parties file Responsive claim construction briefs.
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`January 8, 2021
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`Parties file Reply claim construction briefs.
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`January 15, 2021
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`February 4, 2021
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`February 5, 2021
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`March 19, 2021
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`April 1, 2021
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`April 30, 2021
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`July 16, 2021
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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.
`Markman Hearing at [1:00 p.m.]
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`Deadline to add parties.
`
`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 claims.
`Close of Fact Discovery.
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`July 23, 2021
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`Opening Expert Reports.
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`August 13, 2021
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`Rebuttal Expert Reports.
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`August 27, 2021
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`Close of Expert Discovery.
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`August 31, 2021
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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.
`
`Ex. 2005 - IPR2021-00375
`Qualcomm Incorporated v. UNM Rainforest Innovations
`
`

`

`Case 6:20-cv-00468-ADA Document 34 Filed 08/28/20 Page 3 of 3
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`September 3, 2021 Dispositive motion deadline and Daubert motion deadline.
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`September 17, 2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
`September 24, 2021 Serve objections to pretrial disclosures/rebuttal disclosures.
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`October 1, 2021
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`October 8, 2021
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`October 15, 2021
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`October 20, 2021
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`October 25, 2021
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`November 8, 2021
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`Serve objections to rebuttal disclosures and File Motions in
`limine.
`File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibits lists, witness lists, discovery and deposition
`designations); file oppositions to motions in limine
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`Jury Selection/Trial. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`
`
`
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`SIGNED this ___ day of _________________, 2020.
`
`
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`
`
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`
`
`Ex. 2005 - IPR2021-00375
`Qualcomm Incorporated v. UNM Rainforest Innovations
`
`