Case 6:21-cv-00388-ADA Document 16 Filed 08/13/21 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PACSEC3, LLC,
`
`Plaintiff,
`
`v.
`
`CISCO SYSTEMS, INC,
`
`Defendant.
`
`Civil Action No.: 6:21-cv-00388-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`SCHEDULING ORDER
`
`Plaintiff PacSec3, LLC and Defendant Cisco Systems, Inc. hereby provide the following
`
`Proposed Case Schedule. Having considered the parties’ papers, the Court finds that the Proposed
`
`Case Schedule below should be GRANTED:
`
`Deadline
`
`7/19/21
`
`Item
`
`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.
`
`[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
`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.
`
`1
`
`Cloudflare - Exhibit 1062, page 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PACSEC3, LLC,
`
`Plaintiff,
`
`v.
`
`CISCO SYSTEMS, INC,
`
`Defendant.
`
`Civil Action No.: 6:21-cv-00388-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`SCHEDULING ORDER
`
`Plaintiff PacSec3, LLC and Defendant Cisco Systems, Inc. hereby provide the following
`
`Proposed Case Schedule. Having considered the parties’ papers, the Court finds that the Proposed
`
`Case Schedule below should be GRANTED:
`
`Deadline
`
`7/19/21
`
`Item
`
`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.
`
`[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
`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.
`
`1
`
`Cloudflare - Exhibit 1062, page 1
`
`
`
`Case 6:21-cv-00388-ADA Document 16 Filed 08/13/21 Page 2 of 5
`
`8/10/2021
`9/14/2021
`
`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 and (2) technical documents, including
`software where applicable, sufficient to show the operation of
`the accused product(s).
`
`9/28/2021
`
`Parties exchange claim terms for construction.
`
`10/13/2021
`
`10/19/2021
`
`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. 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.
`
`10/26/2021
`
`11/2/2021
`
`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`
`Defendant files Opening claim construction brief, including
`any arguments that any claim terms are not indefinite.
`
`11/23/2021
`
`Plaintiff files Responsive claim construction brief.
`
`12/7/2021
`
`Defendant files Reply claim construction brief.
`
`12/21/2021
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`2
`
`Cloudflare - Exhibit 1062, page 2
`
`
`
`Case 6:21-cv-00388-ADA Document 16 Filed 08/13/21 Page 3 of 5
`
`12/28/2021
`3 business days after
`submission of sur-reply
`
`12/30/2021
`22 weeks after CMC (but at
`least 10 days before
`Markman hearing)
`1/11/2022
`or other time as may be
`set by the Court
`1/12/2022
`
`Parties submit Joint Claim Construction Statement.
`
`See General Issues Note #9 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 at 9:30AM
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`2/22/2022
`
`Deadline to add parties.
`
`3/8/2022
`
`5/3/2022
`
`7/14/2022
`
`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.
`
`8/9/2022
`
`Close of Fact Discovery.
`
`8/16/2022
`
`Opening Expert Reports.
`
`9/13/2022
`
`Rebuttal Expert Reports.
`
`3
`
`Cloudflare - Exhibit 1062, page 3
`
`
`
`Case 6:21-cv-00388-ADA Document 16 Filed 08/13/21 Page 4 of 5
`
`10/4/2022
`
`Close of Expert Discovery.
`
`10/12/2022
`
`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.
`
`10/18/2022
`
`Dispositive motion deadline and Daubert motion deadline.
`
`See General Issues Note #9 regarding providing copies of
`the briefing to the Court and the technical adviser (if
`appointed).
`
`11/1/2022
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`
`11/15/2022
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`11/22/2022
`
`11/29/2022
`
`12/6/2022
`
`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.
`
`12/15/2022
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`4
`
`Cloudflare - Exhibit 1062, page 4
`
`
`
`Case 6:21-cv-00388-ADA Document 16 Filed 08/13/21 Page 5 of 5
`
`To be set by Court
`
`Final pretrial conference
`
`To be set by Court
`
`Trial Date
`
`August 13 21
`SIGNED on ___________________, 20____.
`
`_________________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`5
`
`Cloudflare - Exhibit 1062, page 5
`
`
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