`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ESTECH SYSTEMS, INC.
`v.
`ENERGY TRANSFER LP
`ESTECH SYSTEMS, INC.
`v.
`GENSLER ARCHITECTURE, DESIGN &
`PLANNING, P.C., et al.
`ESTECH SYSTEMS, INC.
`v.
`HWC WIRE & CABLE COMPANY
`ESTECH SYSTEMS, INC.
`v.
`HOWARD MIDSTREAM ENERGY
`PARTNERS, LLC
`ESTECH SYSTEMS, INC.
`v.
`SWBC MORTGAGE CORPORATION, et al.
`
`C.A. No. 6:20-cv-773-ADA
`
`C.A. No. 6:20-cv-774-ADA
`
`C.A. No. 6:20-cv-776-ADA
`
`C.A. No. 6:20-cv-777-ADA
`
`C.A. No. 6:20-cv-778-ADA
`
`AMENDED 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 the above-captioned
`
`matters:
`
`Current
`Date
`
`April 13,
`2021
`
`New Date
`
`Event
`
`April 14,
`2021
`
`Plaintiff files Reply claim construction brief.
`
`Ex. 2012
`RingCentral, Inc. v. Estech Systems, Inc.
`
`
`
`Case 6:20-cv-00777-ADA Document 25 Filed 04/15/21 Page 2 of 4
`
`April 26,
`2021
`
`April 28,
`2021
`
`April 27,
`2021
`
`April 29,
`2021
`
`May 7, 2021
`
`May 14,
`2021
`
`May 17,
`2021
`
`June 25,
`2021
`
`July 9, 2021
`
`September 3,
`2021
`
`October 11,
`2021
`
`November
`12, 2021
`
`Defendant files a Sur-Reply claim construction brief.
`
`Parties submit Joint Claim Construction Statement.
`
`See General Issues Note #8 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).1
`
`Markman Hearing at 9:00 a.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 patent claims. (Note: This includes
`amendments in response to a 12(c) motion.)
`
`Deadline for the first of two meet and confers to discuss
`significantly narrowing the number of claims asserted and prior art
`references at issue. Unless the parties agree to the narrowing, they
`are ordered to contact the Court’s Law Clerk to arrange a
`teleconference with the Court to resolve the disputed issues.
`
`Close of Fact Discovery.
`
`1 The parties should contact the law clerk to request a Box link so that the party can directly upload the file to the
`Court’s Box account.
`
`2
`
`
`
`Case 6:20-cv-00777-ADA Document 25 Filed 04/15/21 Page 3 of 4
`
`November
`19, 2021
`
`December
`20, 2021
`
`January 10,
`2022
`
`January 14,
`2022
`
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`Deadline for the second of two meet and confers to discuss
`narrowing the number of claims asserted and prior art references at
`issue to triable limits. To the extent it helps the parties determine
`these limits, the parties are encouraged to contact the Court’s Law
`Clerk for an estimate of the amount of trial time anticipated per
`side. The parties shall file a Joint Report within 5 business days
`regarding the results of the meet and confer.
`
`Dispositive motion deadline and Daubert motion deadline.
`
`January 31,
`2022
`
`See General Issues Note #8 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`
`February 11,
`2022
`
`February 25,
`2022
`
`March 4,
`2022
`
`March 11,
`2022
`
`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.
`
`File Notice of Request for Daily Transcript or Real Time
`Reporting. If a daily transcript or real time reporting of court
`
`3
`
`
`
`Case 6:20-cv-00777-ADA Document 25 Filed 04/15/21 Page 4 of 4
`
`March 18,
`2022
`
`March 25,
`2022
`
`April 1, 2022
`
`April 11,
`2022
`
`proceedings is requested for trial, the party or parties making said
`request shall file a notice with the Court and e-mail the Court
`Reporter, Kristie Davis at kmdaviscsr@yahoo.com.
`
` 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 these dates at the
`conclusion of the Markman Hearing.
`
`April 15, 2021
`
`Dated:
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`
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