Case 6:20-cv-00804-ADA Document 49-1 Filed 02/26/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`EXPRESS MOBILE, INC.,
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`Plaintiff,
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`Case No. 6:20-cv-801-ADA
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`v.
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`EXPEDIA, INC., et al.,
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`Defendants.
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`v.
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`eBAY INC.,
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`Defendant.
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`v.
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`FACEBOOK, INC.,
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`Defendant.
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`v.
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`GOOGLE LLC,
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`Defendant.
`
`v.
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`Case No. 6:20-cv-802-ADA
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`Case No. 6:20-cv-803-ADA
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`Case No. 6:20-cv-804-ADA
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`ATLASSIAN CORP. PLC, et al.,
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`Defendants.
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`Case No. 6:20-cv-805-ADA
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`SCHEDULING ORDER
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`On this day the Court considered Express Mobile, Inc.’s Agreed Motion for Scheduling
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`Order in the above-captioned cases.
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`The Court finds that the Motion is meritorious and should be granted. Therefore,
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`
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`GOOGLE EXHIBIT 1047
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`Case 6:20—cv—00804—ADA Document 49-1 Filed 02/26/21 Page 2 of 5
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`IT IS ORDERED:
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`February 5, 2021
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`Plaintiff serves preliminaryl infiingement 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.
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`
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`April 2, 2021
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`Defendant serves preliminary invalidity contentions in the form of
`(l) 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.
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`April 27, 2021
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`Parties exchange claim terms for construction.
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`May 11, 2021
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`Parties exchange proposed claim constructions.
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`May 13, 2021
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`Parties submit a status report to the Court outlining their agreements
`and/or dis utes relatin- to Markman b1iefin-.
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`‘ 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 contentious 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.
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`Case 6:20—cv—00804-ADA Document 49-1 Filed 02/26/21 Page 3 of 5
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`May 18, 2021
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`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.
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`May 25, 2021
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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
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`June 1, 2021
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`Plaintiff files Opening claim construction brief, including any
`arguments that any claim terms are not indefinite.
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`June 22, 2021
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`Defendant files Responsive claim construction brief.
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`July 6, 2021
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`Plaintiff files Reply claim construction brief.
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`July 20, 2021
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`Defendant files a Sur-Reply claim construction brief.
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`July 23, 2021
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`Parties submit Joint Claim Construction Statement.
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`is identified afler initial contentions.
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`See General Issues Note #8 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
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`July 27, 2021
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`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).3
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`August 3, 2021
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`Markman Hearing at 9:30 a.m.
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`August 4, 2021
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`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
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`September 14. 2021 Deadline to add parties.
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`October 26, 2021
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`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
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`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`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.
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`Case 6:20—cv—00804-ADA Document 49-1 Filed 02/26/21 Page 4 of 5
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`November 23, 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.)
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`March 1, 2022
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`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.
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`April 12. 2022
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`Close of Fact Discovery.
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`April 19, 2022
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`Opening Expert Reports.
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`May 17, 2022
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`Rebuttal Expert Reports.
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`June 7, 2022
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`Close of Expert Discovery.
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`June 14, 2022
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`
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`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.
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`June 21, 2022
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`Dispositive motion deadline and Daubert motion deadline.
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`See General Issues Note #8 regarding providing copies of the briefin u
`to the Court and the technical adviser (if appointed).
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`July 5, 2022
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
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`July 19, 2022
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`July 26, 2022
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`Serve objections to rebuttal disclosures and File Motrons m Iimine.
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`August 2, 2022
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations);
`file oppositions to motions in Iimine
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`Case 6:20—cv—00804—ADA Document 49-1 Filed 02/26/21 Page 5 of 5
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`August 9, 2022
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`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
`krndaviscsr@yahoo.com
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`disclosures and disputes on motions in Iimine. August 22, 2022
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`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
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`August 17, 2022
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`File joint notice identifying remaining objections
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`to pretrial
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`Final Pretrial Conference for the first trial. The Court expects to set
`this date at the conclusion of the Markman Hearing.
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`September 12, 2022
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`Jury Selection/Trial for the first trial. The Court expects to set these
`dates at the conclusion of the Mariana" Hearing.
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`SIGNED on
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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