Case 6:21-cv-00470-ADA Document 19 Filed 08/17/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MODERN FONT APPLICATIONS LLC,
`
`Plaintiff,
`
` v.
`
`Case No. 6:21-cv-00470-ADA
`
`JURY TRIAL DEMANDED
`
`RED LOBSTER HOSPITALITY
`LLC,
`
`Defendant.
`
`SCHEDULING ORDER
`
`The Court hereby grants the parties schedule pursuant to the dates set by the Court’s
`
`orders.
`
`Deadline
`
`Item
`
`Served ***
`
`Plaintiff serves preliminary1 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
`
`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 1063, page 1
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MODERN FONT APPLICATIONS LLC,
`
`Plaintiff,
`
` v.
`
`Case No. 6:21-cv-00470-ADA
`
`JURY TRIAL DEMANDED
`
`RED LOBSTER HOSPITALITY
`LLC,
`
`Defendant.
`
`SCHEDULING ORDER
`
`The Court hereby grants the parties schedule pursuant to the dates set by the Court’s
`
`orders.
`
`Deadline
`
`Item
`
`Served ***
`
`Plaintiff serves preliminary1 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
`
`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 1063, page 1
`
`
`
`Case 6:21-cv-00470-ADA Document 19 Filed 08/17/21 Page 2 of 5
`
`Deadline
`
`Submitted***
`
`08/04/2021
`
`09/08/2021
`
`09/22/2021
`
`10/06.2021
`
`10/13/2021
`
`10/20/2021
`
`Item
`(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.
`
`The Parties to submit an agreed Scheduling Order.
`
`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).
`
`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.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.
`
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other party.
`2
`
`
`
`Cloudflare - Exhibit 1063, page 2
`
`
`
`Case 6:21-cv-00470-ADA Document 19 Filed 08/17/21 Page 3 of 5
`
`Deadline
`
`Item
`
`10/27/2021
`
`11/17/2021
`
`12/01/2021
`
`12/15/2021
`
`12/17/2021
`
`12/17/2021
`
`01/12/2022
`
`01/13/2022
`
`02/09/2022
`
`03/09/2021
`
`04/22/2022
`
`06/29/2022
`
`Defendant files Opening claim construction brief,
`including any arguments that any claim terms are not
`indefinite.
`
`Plaintiff files Responsive claim construction brief.
`
`Defendant files Reply claim construction brief.
`
`Plaintiff files Sur-Reply claim construction brief.
`
`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).3
`Markman Hearing at [9:00 a.m. or 1:30 p.m.]
`
`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
`
`
`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
`
`Cloudflare - Exhibit 1063, page 3
`
`
`
`Case 6:21-cv-00470-ADA Document 19 Filed 08/17/21 Page 4 of 5
`
`Deadline
`
`Item
`narrowing, they are ordered to contact the Court’s Law
`Clerk to arrange a teleconference with the Court to
`resolve the disputed issues.
`
`07/27/2022
`
`08/03/2022
`
`08/31/2022
`
`09/21/2022
`
`09/29/2022
`
`10/05/2022
`
`10/19/2022
`
`11/02/2022
`
`11/09/2022
`
`11/16/2022
`
`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.
`
`
`
`4
`
`Cloudflare - Exhibit 1063, page 4
`
`
`
`Case 6:21-cv-00470-ADA Document 19 Filed 08/17/21 Page 5 of 5
`
`Deadline
`
`Item
`
`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.
`
`11/23/2022
`
`12/02/2022
`
`1/12/2023
`
`1/17/2023
`
`
`
`SIGNED this 17th day of August, 2021.
`
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`
`____________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`5
`
`Cloudflare - Exhibit 1063, page 5
`
`
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