Case 6:21-cv-00261-ADA Document 25-1 Filed 08/26/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
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`SABLE NETWORKS, INC. AND
`SABLE IP, LLC,
` Plaintiffs,
`v.
`
`
`RIVERBED TECHNOLOGY, INC.,
` Defendant.
`
`
`SABLE NETWORKS, INC. AND
`SABLE IP, LLC,
` Plaintiffs,
`v.
`
`
`CLOUDFLARE, INC.,
` Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. 6:21-cv-00175-ADA
`
`
`JURY TRIAL DEMANDED
`
`Civil Action No. 6:21-cv-00261-ADA
`
`
`JURY TRIAL DEMANDED
`
`Deadline
`
`06/23/2021
`
`
`
`
`[PROPOSED] SCHEDULING ORDER
`
`Item
`
`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 (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.
`
`Cloudflare - Exhibit 1067, page 1
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`

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`Case 6:21-cv-00261-ADA Document 25-1 Filed 08/26/21 Page 2 of 5
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`Deadline
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`07/14/2021
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`09/15/2021
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`09/22/2021
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`09/29/2021
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`10/13/2021
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`10/25/2021
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`
`Item
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`The Parties shall submit an agreed Scheduling Order. If the parties
`cannot agree, the parties shall submit a separate Joint Motion for
`entry of each Order briefly setting forth their respective positions
`on items where they cannot agree. Absent agreement of the parties,
`the Plaintiff shall be responsible for the timely submission of this
`and other Joint filings.
`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).
`Plaintiffs to reduce Asserted Claims to a maximum of 45 claims
`(in each case) from the previously asserted claims. Each claim
`counts as a single claim.
`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.
`
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`
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`2
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`Cloudflare - Exhibit 1067, page 2
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`

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`Case 6:21-cv-00261-ADA Document 25-1 Filed 08/26/21 Page 3 of 5
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`Deadline
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`10/27/2021
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`11/01/2021
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`11/12/2021
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`12/3/2021
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`12/16/2021
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`01/03/2022
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`01/05/2021
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`01/05/2022
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`01/12/2022
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`1 business day after
`Markman hearing
`6 weeks after Markman
`hearing
`
`Item
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`Defendant to identify a maximum of 68 prior art references (in each
`case) from the previously identified references.
`
`
`• A prior art instrumentality (e.g., device, system, or process)
`and associated references that describe that instrumentality
`shall count as 1 reference, as shall the closely related work
`of a single prior artist.
`• Each obviousness combination counts as a reference as
`explained
`in Hammond Development
`Int’l,
`Inc. v.
`Amazon.com, Inc., No. 6:19-cv-00355-ADA, Dkt. 45 at 3-5
`(W.D. Tex. Oct. 28, 2019).
`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 indefinite.
`Plaintiff files Responsive claim construction brief.
`
`Defendant files Reply claim construction brief.
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`Plaintiff files a Sur-Reply claim construction brief.
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`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 beginning at 9:00 a.m. This date is a
`placeholder and the Court may adjust this date as the Markman
`hearing approaches.
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`Deadline to add parties.
`
`
`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
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`Cloudflare - Exhibit 1067, page 3
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`

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`Case 6:21-cv-00261-ADA Document 25-1 Filed 08/26/21 Page 4 of 5
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`Deadline
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`Item
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`8 weeks after Markman
`hearing
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`16 weeks after Markman
`hearing
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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 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.)
`26 weeks after Markman 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.
`
`30 weeks after Markman
`hearing
`31 weeks after Markman
`hearing
`35 weeks after Markman
`hearing
`38 weeks after Markman
`hearing
`39 weeks after Markman
`hearing
`
`40 weeks after Markman
`hearing
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`42 weeks after Markman
`hearing
`44 weeks after Markman
`hearing
`45 weeks after Markman
`hearing
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`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 #9 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.
`
`
`
`4
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`Cloudflare - Exhibit 1067, page 4
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`

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`Case 6:21-cv-00261-ADA Document 25-1 Filed 08/26/21 Page 5 of 5
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`Deadline
`
`Item
`
`46 weeks after Markman
`hearing
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`47 weeks after Markman
`hearing
`
`3 business days before
`Final Pretrial Conference.
`49 weeks after Markman
`hearing (or as soon as
`practicable)
`52 weeks after Markman
`hearing (or as soon as
`practicable)
`
`
`
`
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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 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.4
`
`
`
`
`4
`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.
`
`
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`5
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`Cloudflare - Exhibit 1067, page 5
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`