Case 6:19-cv-00716-ADA Document 95 Filed 06/11/21 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`§§
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`Case No. 6:19-cv-716-ADA
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`BROADBAND iTV, INC.,
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`Plaintiff,
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`v.
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`DISH NETWORK L.L.C.
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`Defendant.
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`JOINT MOTION TO AMEND CERTAIN SCHEDULING ORDER DEADLINES
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`Plaintiff Broadband iTV, Inc. and Defendant DISH Network L.L.C. jointly move for entry
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`of the Amended Scheduling Order that is submitted with this motion as a proposed order.
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`The parties agree and request that the Court’s Scheduling Order of April 10, 2020 (Dkt.
`
`No. 34) be amended to allow Plaintiff and Defendant additional time to serve expert reports after
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`the completion of certain outstanding discovery.
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`The current deadline for Opening Expert Reports is June 17, 2021 with Rebuttal Expert
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`Reports due July 15, 2021. The parties have agreed to adjust these deadlines by approximately
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`one week with Opening Expert Reports to be due June 25, 2021, and Rebuttal Expert Reports to
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`be due on July 23, 2021. The parties have also agreed to extend the Close of Expert Discovery
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`from August 5, 2021 to August 12, 2021. The parties do not expect this extension to impact
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`other dates already set in the April 10, 2020, Scheduling Order and are not requesting any other
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`changes to the schedule with this motion.
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`Plaintiff and Defendant respectfully request that the Court enter this agreed Amended
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`Scheduling Order.
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`BBiTV EX2049
`AT&T v. Broadband iTV
`IPR2021-00556
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`§
`
`§§
`
`
`
`Case No. 6:19-cv-716-ADA
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`§§
`
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`§
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`§
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`BROADBAND iTV, INC.,
`
`Plaintiff,
`
`v.
`
`DISH NETWORK L.L.C.
`
`Defendant.
`
`JOINT MOTION TO AMEND CERTAIN SCHEDULING ORDER DEADLINES
`
`Plaintiff Broadband iTV, Inc. and Defendant DISH Network L.L.C. 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 Scheduling Order of April 10, 2020 (Dkt.
`
`No. 34) be amended to allow Plaintiff and Defendant additional time to serve expert reports after
`
`the completion of certain outstanding 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
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`one week with Opening Expert Reports to be due June 25, 2021, and Rebuttal Expert Reports to
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`be due on July 23, 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 April 10, 2020, Scheduling Order and are not requesting any other
`
`changes to the schedule with this motion.
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`Plaintiff and Defendant respectfully request that the Court enter this agreed Amended
`
`Scheduling Order.
`
`BBiTV EX2049
`AT&T v. Broadband iTV
`IPR2021-00556
`
`
`
`Case 6:19-cv-00716-ADA Document 95 Filed 06/11/21 Page 2 of 3
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`Dated: June 11, 2021
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`Respectfully submitted:
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`/s/ Robert Kramer
`
`/s/ Alyssa Caridis
`
`ORRICK HERRINGTON & SUTCLIFFE
`LLP
`Alyssa Caridis (pro hac vice)
`777 South Figueroa St., Suite 3200
`Los Angeles, CA 90017
`213.612.2372
`Fax: 213.612.2499
`Email: acaridis@orrick.com
`
`ORRICK HERRINGTON & SUTCLIFFE
`LLP
`Clement Seth Roberts (pro hac vice)
`405 Howard Street
`San Francisco, CA 94105
`(415) 773-5700
`Fax: (415) 773-5701
`Email: croberts@orrick.com
`
`John P. Palmer
`NAMAN HOWELL SMITH & LEE
`P.O. Box 1470
`Waco, TX 76703-1470
`(254) 755-4100
`Fax: (254) 754-6331
`Email: palmer@namanhowell.com
`
`Attorneys for Defendants DISH Network
`L.L.C
`
`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, CA 94010
`Tel: (650) 825-4300
`Fax: (650) 460-8443
`
`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
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`Attorneys for Plaintiff
`Broadband iTV, Inc.
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`Case 6:19-cv-00716-ADA Document 95 Filed 06/11/21 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that all counsel of record who are deemed to have
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`consented to electronic service are being served with a copy of this document via the Court’s
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`CM/ECF system per Local Rule CV-5(a)(3) on June 11, 2020.
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`/s/ Robert Kramer
`Robert Kramer
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`
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`Case 6:19-cv-00716-ADA Document 95-1 Filed 06/11/21 Page 1 of 2
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`BROADBAND iTV, INC.,
`
`Plaintiff,
`
` Civil Action No. 6:19-cv-00716-ADA
`
`v.
`
`DISH NETWORK, L.L.C.
`
`
`
`Defendants.
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`
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`AMENDED SCHEDULING ORDER
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`On this day the Court considered the parties’ Joint Motion for Amended Scheduling Order
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`in the above-captioned case.
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`The Court finds that the Motion is meritorious and should be granted. Therefore,
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`IT IS ORDERED:
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`Deadline
`June 25, 2021
`July 23, 2021
`August 12, 2021
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`August 12, 2021
`August 19, 2021
`September 2, 2021
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`September 16, 2021
`September 23, 2021
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`October 1, 2021
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`Event
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`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.
`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
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`Page 1 of 2
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`Case 6:19-cv-00716-ADA Document 95-1 Filed 06/11/21 Page 2 of 2
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`October 8, 2021
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`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)
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`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.
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`Jury Selection/Trial. November 15, 2021.
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`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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