Case 6:20-cv-00559-ADA Document 24 Filed 11/24/20 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`JOLED INC.,
`
`Plaintiff,
`
`v.
`SAMSUNG ELECTRONICS
`AMERICA, INC., SAMSUNG
`DISPLAY CO., LTD., and SAMSUNG
`ELECTRONICS CO., LTD.
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`AGREED SCHEDULING ORDER
`
`Civil Action No.: 6:20-CV-00559-ADA
`
`JURY TRIAL DEMANDED
`
`Plaintiff JOLED Inc. (“Plaintiff” or “JOLED”) and Defendants Samsung Electronics
`
`America, Inc., Samsung Display Co., Ltd., and Samsung Electronics Co., Ltd. (collectively,
`
`“Defendants” or “Samsung”) are hereby GRANTED the following Agreed Proposed Scheduling
`
`Due Date
`11/16/2020
`
`11/23/2020
`12/7/2020
`1/11/2021
`
`Order:
`Event
`Plaintiff serves preliminary infringement contentions in the form of a chart
`setting forth where in the accused product(s) each element of the asserted
`claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e.
`the earliest date of invention) for each asserted claim and produce: (1) all
`documents evidencing conception and reduction to practice for each
`claimed invention, and (2) a copy of the file history for each patent in suit.
`
`Case Management Conference (passed)
`Deadline for Motions to Transfer
`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 two years preceding
`the filing of the Complaint, unless the parties agree to some other
`timeframe.
`
`1
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`SAMSUNG EX. 1021 - 1/3
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`

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`Case 6:20-cv-00559-ADA Document 24 Filed 11/24/20 Page 2 of 3
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`Event
`Parties exchange claim terms for construction.
`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. 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 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).
`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).
`Markman Hearing
`
`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 reasonably 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.
`
`Due Date
`1/25/2021
`2/8/2021
`2/16/2021
`
`2/22/2021
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`3/1/2021
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`3/22/2021
`4/5/2021
`4/19/2021
`4/22/2021
`
`4/22/2021
`
`04/29/21
`at 9:00 AM
`(half-day)
`4/30/2021
`6/10/2021
`6/24/2021
`
`8/19/2021
`
`10/28/2021
`
`2
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`SAMSUNG EX. 1021 - 2/3
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`

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`Case 6:20-cv-00559-ADA Document 24 Filed 11/24/20 Page 3 of 3
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`Event
`Close of Fact Discovery.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
`Deadline for the second of two meet and confer 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.
`
`See General Issues Note #8 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`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.
`Jury Selection/Trial. The Court expects to set these dates at the conclusion
`of the Markman Hearing.
`
`Due Date
`11/23/2021
`12/2/2021
`1/6/2022
`1/27/2022
`2/3/2022
`
`2/10/2022
`
`2/17/2022
`
`3/3/2022
`3/10/2022
`3/17/2022
`
`3/24/2022
`
`3/24/2022
`
`4/4/2022
`
`4/7/2022
`
`4/28/2022
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`November 24, 2020
`Dated: ____________________________
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`3
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`SAMSUNG EX. 1021 - 3/3
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