Case 6:20-cv-00777-ADA Document 18 Filed 12/18/20 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ESTECH SYSTEMS, INC.
`v.
`PRIVATE JETS, INC.
`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-320-ADA
`
`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
`
`RingCentral Ex-1007, p. 1
`RingCentral v. Estech
`IPR2021-00574
`
`

`

`Case 6:20-cv-00777 -ADA Document 18 Filed 12/18/20 Page 2 of 6
`
`AGREED SCHEDULING ORDER
`
`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Comt ORDERS that the
`
`following schedule will govem deadlines up to and including the trial of the above-captioned
`
`matters :
`
`Proposed
`Date
`
`November
`23, 2020
`
`December
`14, 2020
`
`Januruy 26,
`2021
`
`Event
`
`Plaintiff setves preliminaty 1 infiingement contentions in the f01m of a chart
`setting f01t h where in the accused product(s) each element of the assett ed
`claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e. the
`earliest date of invention) for each assetted claim and produce: (1) all
`documents evidencing conception and reduction to practice for each claimed
`invention, and (2) a copy of the file hist01y for each patent in suit.
`
`Deadline for Motions to Transfer
`
`Defendant setves preliminruy invalidity contentions in the f01m of (1) a chrut
`setting f01th where in the prior rut references each element of the assetted
`claim(s) ru·e f01md, (2) an identification of any limitations the Defendant
`contends ru·e indefmite or lack written descdption 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 att
`referenced in the invalidity contentions, (2) technical documents, including
`software where applicable, sufficient to show the operation of the accused
`product(s), and (3) summaty , rumual sales inf01mation for the accused
`product(s) for the two years preceding the filing of the Complaint, unless the
`patt ies agree to some other timeframe.
`
`Febmaty 5,
`2021
`
`Patt ies exchange claim tetms for constmction.
`
`1 The parties may amend preliminruy infringement contentions and preliminruy invalidity contentions without leave
`of the court so long as counsel certifies that it undertook reasonable efforts to prepru·e its preliminruy contentions
`and the runendment is based on material identified after those preliminruy contentions were setved, and should do so
`seasonably upon identifying any such material. Any runendment to add patent claims requires leave of comt so that
`the Court can address any scheduling issues.
`
`2
`
`RingCentral Ex-1007, p. 2
`RingCentral v. Estech
`IPR2021-0057 4
`
`

`

`Case 6:20-cv-00777-ADA Document 18 Filed 12/18/20 Page 3 of 6
`
`February 16,
`2021
`
`February 23,
`2021
`
`March 2,
`2021
`
`March 9,
`2021
`
`March 30,
`2021
`
`April 13,
`2021
`
`April 26,
`2021
`
`April 28,
`2021
`
`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 identify the scope of the topics for the witness’s
`expected testimony.2 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.
`
`Deadline to meet and confer to narrow terms in dispute and exchange revised
`list of terms/constructions.
`
`Plaintiff files Opening claim construction brief, including any arguments that
`any claim terms are not indefinite.
`
`Defendant files Responsive claim construction brief.
`
`Plaintiff files Reply claim construction brief.
`
`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).
`
`May 7, 2021 Parties submit optional technical tutorials to the Court and technical adviser (if
`appointed).3
`
`2 The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave
`of 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.
`3 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.
`
`3
`
`RingCentral Ex-1007, p. 3
`RingCentral v. Estech
`IPR2021-00574
`
`

`

`Case 6:20-cv-00777-ADA Document 18 Filed 12/18/20 Page 4 of 6
`
`May 14,
`2021
`
`May 17,
`2021
`
`June 25,
`2021
`
`Markman Hearing at 9:00 a.m.
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`
`Deadline to add parties.
`
`July 9, 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.
`
`September 3,
`2021
`
`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.)
`
`October 11,
`2021
`
`November
`12, 2021
`
`November
`19, 2021
`
`December
`20, 2021
`
`January 10,
`2022
`
`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.
`
`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
`
`January 14,
`2022
`
`4
`
`RingCentral Ex-1007, p. 4
`RingCentral v. Estech
`IPR2021-00574
`
`

`

`Case 6:20-cv-00777-ADA Document 18 Filed 12/18/20 Page 5 of 6
`
`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
`
`March 18,
`2022
`
`March 25,
`2022
`
`April 1, 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 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
`
`5
`
`RingCentral Ex-1007, p. 5
`RingCentral v. Estech
`IPR2021-00574
`
`

`

`Case 6:20-cv-00777-ADA Document 18 Filed 12/18/20 Page 6 of 6
`
`Jury Selection/Trial. The Comt expects to set these dates at the conclusion of
`the Markman Hearing.
`
`Apiilll,
`2022
`
`Dated: December 18, 2020
`
`ALAND ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`6
`
`RingCentral Ex-1007, p. 6
`RingCentral v. Estech
`IPR2021-00574
`
`