`
`IN THE UNITED STATES DISTRICT COURT
` FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`UNM RAINFOREST
`INNOVATIONS,
`Plaintiff,
`
`v.
`
`ZYXEL COMMUNICATIONS
`CORPORATION
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL ACTION 6:20-cv-00522-ADA
`
`Date
`December 2, 2020
`December 16, 2020
`(2 weeks after the CMC)
`February 3, 2021
`(9 weeks after the CMC)
`
`SCHEDULING ORDER
`
`Item
`Case Management Conference
`Deadline for Motions to Transfer
`
`Defendant serves preliminary invalidity contentions1 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 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
`
`Ex. 2006 - IPR2021-00734
`XyXEL Communications Corp. v. UNM Rainforest Innovations
`
`
`
`Case 6:20-cv-00522-ADA Document 52 Filed 01/26/21 Page 2 of 4
`
`Date
`February 17, 2021
`(11 weeks after the CMC)
`February 24, 2021
`(12 weeks after the CMC)
`March 3, 2021
`(13 weeks after the CMC)
`
`March 10, 2021
`(14 weeks after the CMC)
`March 31, 2021
`(15 weeks after the CMC)
`April 7, 2021
`(18 weeks after the CMC)
`
`April 21, 2021
`(20 weeks after the CMC)
`
`April 30, 2021
`(21 weeks after the CMC)
`
`May 3, 2021
`
`May 5, 2021
`(one week before
`Markman)
`
`Item
`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 in their opening brief 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 indefinite.
`Defendant file Responsive claim construction brief.
`
`Plaintiff files Reply claim construction brief.
`
`Defendant files a Sur-Reply claim construction brief.
`
`Parties submit Joint Claim Construction Statement and
`provide copies of briefs to the Court.
`
`See General Issues Note #8 regarding providing copies of the
`Parties submit option technical tutorials to the Court and
`technical advisor (if appointed).
`
`May 13, 2021
`
`Markman hearing at 9:00 a.m.
`
`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.
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other party.
`
`Ex. 2006 - IPR2021-00734
`XyXEL Communications Corp. v. UNM Rainforest Innovations
`
`
`
`Case 6:20-cv-00522-ADA Document 52 Filed 01/26/21 Page 3 of 4
`
`Date
`May 14, 2021
`(1 business day after
`Markman hearing)
`June 24, 2021
`(6 weeks after Markman)
`July 8, 2021
`(8 weeks after Markman)
`
`September 2, 2021
`(25 weeks after Markman)
`
`October 25, 2021
`(26 weeks after Markman)
`
`November 8, 2021
`(30 weeks after Markman)
`November 15, 2021
`(26 weeks after Markman)
`December 13, 2022
`(30 weeks after Markman)
`January 10, 2022
`(34 weeks after Markman)
`January 17, 2022
`(35 weeks after Markman)
`
`January 24, 2022
`(36 weeks after Markman)
`
`February 7, 2022
`(38 weeks after Markman)
`
`Item
`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.
`
`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.
`
`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, exhibit lists,
`witness lists, discovery and deposition designations).
`
`Ex. 2006 - IPR2021-00734
`XyXEL Communications Corp. v. UNM Rainforest Innovations
`
`
`
`Case 6:20-cv-00522-ADA Document 52 Filed 01/26/21 Page 4 of 4
`
`Date
`February 21, 2022
`(40 weeks after Markman)
`February 28, 2022
`(41 weeks after Markman)
`March 7, 2022
`(42 weeks after Markman)
`
`March 14, 2022
`(43 weeks after Markman)
`
`March 21, 2022
`(3 business days before
`Final Pretrial Conference)
`
`March 24, 2022
`(45 weeks after Markman)
`April 4, 2022
`(46 weeks after
`Markman)3
`
`Item
`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, exhibit 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.
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motion 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 this date at the
`conclusion of the Markman Hearing.
`
`ORDERED this _____ day of _________, 2021.
`January
`26th
`
`
`___________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`3 If the actual trial date materially differs from the Court’s default schedule, the Court will consider reasonable
`amendments to the case schedule post-Markman that are consistent with the Court’s default deadlines in light of the
`actual trial date.
`
`Ex. 2006 - IPR2021-00734
`XyXEL Communications Corp. v. UNM Rainforest Innovations
`
`