Case 1:20-cv-00717-ADA Document 120 Filed 06/08/21 Page 1 of 3
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`Case No. 1:20-cv-717-ADA
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`AT&T SERVICES, INC., and AT&T
`COMMUNICATIONS, LLC,
`
`Defendants.
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`DIRECTV, LLC,
`
`Defendant.
`
`§
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`JOINT MOTION TO AMEND CERTAIN SCHEDULING ORDER DEADLINES
`
`Plaintiff Broadband
`
`iTV, Inc. and Defendants AT&T Services, Inc., AT&T
`
`Communications, LLC and DirecTV, LLC. jointly move for entry of the Amended Scheduling
`
`Order that is submitted with this motion as a proposed order.
`
`The parties agree and request that the Court’s Amended Scheduling Order of January 6,
`
`2021 (Dkt. No.84) be amended to allow for additional time to complete certain limited discovery.
`
`Plaintiff and Defendants are working on completing the remaining 30(b)(6) depositions and related
`
`document productions and need additional time in order to complete this outstanding discovery.
`
`BBiTV EX2045
`AT&T v. Broadband iTV
`IPR2021-00556
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`Case No. 1:20-cv-717-ADA
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`AT&T SERVICES, INC., and AT&T
`COMMUNICATIONS, LLC,
`
`Defendants.
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`DIRECTV, LLC,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`§
`§
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`§
`§
`
`JOINT MOTION TO AMEND CERTAIN SCHEDULING ORDER DEADLINES
`
`Plaintiff Broadband
`
`iTV, Inc. and Defendants AT&T Services, Inc., AT&T
`
`Communications, LLC and DirecTV, LLC. jointly move for entry of the Amended Scheduling
`
`Order that is submitted with this motion as a proposed order.
`
`The parties agree and request that the Court’s Amended Scheduling Order of January 6,
`
`2021 (Dkt. No.84) be amended to allow for additional time to complete certain limited discovery.
`
`Plaintiff and Defendants are working on completing the remaining 30(b)(6) depositions and related
`
`document productions and need additional time in order to complete this outstanding discovery.
`
`BBiTV EX2045
`AT&T v. Broadband iTV
`IPR2021-00556
`
`
`
`Case 1:20-cv-00717-ADA Document 120 Filed 06/08/21 Page 2 of 3
`
`The Amended Scheduling Order provides Plaintiff and Defendants additional time to serve expert
`
`reports after the completion of this discovery.
`
`
`
`The current deadline for Opening Expert Reports is June 17, 2021 with Rebuttal Expert
`
`Reports due July 15, 2021. The parties have agreed to adjust these deadlines by approximately ten
`
`days with Opening Expert Reports to be due June 29, 2021 and Rebuttal Expert Reports to be due
`
`on July 27, 2021. The parties have also agreed to extend the Close of Expert Discovery from
`
`August 5, 2021 to August 12, 2021. The parties do not expect this extension to impact other dates
`
`already set in the January 6, 2021 Amended Scheduling Order.
`
`Plaintiff and Defendants respectfully request that the Court enter this agreed Amended
`
`Scheduling Order.
`
`
`
`Dated: June 8, 2021
`
`
`
`
`
`
`
`
`
`Respectfully submitted:
`
`/s/ Robert F. Kramer
`
`/s/ Roger Fulghum
`
`FEINBERG DAY KRAMER ALBERTI LIM
`TONKOVICH & BELLOLOI LLP
`Robert F. Kramer (pro hac vice)
`rkramer@feinday.com
`M. Elizabeth Day (pro hac vice)
`eday@feinday.com
`David Alberti (pro hac vice)
`dalberti@feinday.com
`Sal Lim (pro hac vice)
`Slim@feinday.com
`Marc Belloli (pro hac vice)
`Mbelloli@feinday.com
`Lawrence G. McDonough (admitted to practice)
`lmcdonough@feinday.com
`Hong Lin (pro hac vice)
`jarmstrong@feinday.com
`577 Airport Blvd, Suite 250
`Burlingame,California 94010
`Tel: (650) 825-4300
`Fax: (650) 460-8443
`
`BAKERBOTTS L.L.P.
`State of Texas Bar No. 00790724
`910 Louisiana
`Houston, Texas 77002
`Telephone: (713) 229-1707
`Facsimile: (713) 229-2707
`Email: roger.fulghum@bakerbotts.com
`
`Timothy S. Durst
`State of Texas Bar No. 00786924
`Jeffrey S. Becker
`State of Texas Bar No 24069354
`Morgan G. Mayne
`State of Texas Bar No. 24084387
`Emily M. Felvey
`State of Texas Bar No. 24116352
`BAKER BOTTS L.L.P.
`2001 Ross Avenue, Suite 900
`Dallas, Texas 75201-2980
`Telephone: (214) 953-6816
`
`
`
`Case 1:20-cv-00717-ADA Document 120 Filed 06/08/21 Page 3 of 3
`
`
`Wesley Hill (State Bar No. 24032294)
`wh@wsfirm.com
`Andrea L. Fair
`andrea@wsfirm.com
`Texas Bar no. 24078488
`Claire Abernathy Henry
`claire@wsfirm.com
`Texas Bar No. 24053063
`WARD, SMITH & HILL PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`Tel: (903) 757-6400
`Fax: (903) 757-2323
`
`Attorneys for Plaintiff
`Broadband iTV, Inc.
`
`
`
`
`
`Facsimile: (214) 661-4816
`Email: tim.durst@bakerbotts.com
`Email: mogan.mayne@bakerbotts.com
`Email: Emily.felvey@bakerbotts.com
`
`Mark D. Siegmund
`State Bar No. 24117055
`LAW FIRM OF WALT FAIR, PLLC
`1508 North Valley Mills Drive
`Waco, Texas 76710
`Telephone: (254) 772-6400
`Facsimile: (254) 772-6432
`mark@walktfairpllc.com
`
`Attorneys for Defendants AT&T Services,
`AT&T Communications, LLC and
`DirecTV, LLC
`
`
`
`Case 1:20-cv-00717-ADA Document 120-1 Filed 06/08/21 Page 1 of 2
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
` Civil Action No. 1:20-cv-717-ADA
`
`v.
`
`AT&T SERVICES INC., and AT&T
`COMMUNICATIONS, LLC,
`
`
`
`Defendants.
`
`
`
`BROADBAND iTV, INC.,
`
` Civil Action No. 1:20-cv-717-ADA
`
`Plaintiff,
`
`v.
`
`DIRECTV, LLC,
`
`
`
`
`
`
`
`
`
`Defendant.
`
`AMENDED SCHEDULING ORDER
`
`On this day the Court considered the parties’ Joint Motion for Amended Scheduling Order
`
`in the above-captioned case.
`
`The Court finds that the Motion is meritorious and should be granted. Therefore,
`
`IT IS ORDERED:
`
`Deadline
`June 29, 2021
`July 27, 2021
`August 12, 2021
`
`August 12, 2021
`
`Event
`
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Deadline to meet and confer to discuss narrowing the number
`of claims asserted and prior art references at issue. The parties
`shall file a report within 5 business days regarding the results
`of the meet and confer.
`Close of Expert Discovery.
`
`
`
`
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`Page 1 of 2
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`
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`Case 1:20-cv-00717-ADA Document 120-1 Filed 06/08/21 Page 2 of 2
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`August 19, 2021
`September 2, 2021
`
`September 16, 2021
`September 23, 2021
`
`October 1, 2021
`
`October 8, 2021
`
`3 business days before Final
`Pretrial Conference
`49 weeks after Markman
`hearing (or as soon as
`practicable)
`52 weeks after Markman
`hearing (or as soon as
`practicable)
`
`Dispositive motion deadline and Daubert motion deadline.
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`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. November 15, 2021.
`
`SIGNED on _________________________.
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`____________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
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`Page 2 of 2
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