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`Page 1 of 5 Case 6:20-cv-00670-ADA Document 36 Filed 12/09/20
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`UNITED STATES DISTRICT COURT
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`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`§ Civil. Action No. 6:20-CV-670-ADA
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` JURY TRIAL DEMANDED
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`CORRECT TRANSMISSION, LLC
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`Plaintiff,
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`V.
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`JUNIPER NETWORKS, INC.
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`Defendant.
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`AMENDED SCHEDULING ORDER
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`Pursuant to the Comt's Standing Order Regarding Venue and Jurisdictional Discove1y
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`Limits for Patent Cases and this Comt's December 3, 2020 rnling emailed to the parties that the
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`Standing Order applies to this case, the parties have confeITed on an Amended Scheduling Order
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`modifying the Comt's Scheduling Order (ECF No. 33). Bel ow is the pa1ties' Amended
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`Scheduling Order..
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`Joint Motion for Enfly of Amended Scheduling Order
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`1
`EX 1018 Page 1
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`Case 6:20-cv-00670-ADA Document 36 Filed 12/09/20 Page 2 of 5
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`SCHEDULING ORDER
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`Event
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`Deadline
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`Defendant serves preliminaty invalidity contentions in the fmm of Thmsday, December 31,
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`(1) a cha1i setting fmih where in the prior ali references each 2020
`element of the asse1ied claim(s) are found, (2) an identification of
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`any limitations the Defendant contends at·e indefinite or lack
`written description under section 112, and (3) an identification of
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`any claims the Defendant contends am directed to ineligible
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`subject matter under section 101. Defendant shall also produce (1)
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`all prior ali referenced in the invalidity contentions, (2) technical
`documents, including software where applicable, sufficient to
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`show the operation of the accused product(s), and (3) summ aty,
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`annual sales info1mation for the accused product(s) for the two
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`years preceding the filing of the Complaint, unless the paliies
`agree to some other timeframe.
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`Plaintiff shall serve a Preliminaty Election of Asse1ied Claims, Friday, Januaty 22, 2021
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`which shall asseli no more than a total of 50 claims.
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`Patties exchange claim te1ms for constrnction.
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`Friday, Febmary 5, 2021
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`Defendant shall serve a Prelimina1y Election of Asse1ied
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`Prior Friday, Febrna1y 12, 2021
`Ali, which shall asseI1 no more than a total of 60 references.
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`Patties exchange proposed claim constrnctions.
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`Friday, Febmary 19, 2021
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`Patties disclose extrinsic evidence. The patiies shall disclose any Friday, Mat·ch 5, 2021
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`extrinsic evidence, including the identity of any expeI1 witness
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`they may rely upon with respect to claim construction or
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`indefiniteness. With respect to any expe1i identified, the patties
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`shall also provide a summruy of the witness's expected testimony
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`including the opinions to be expressed and a general description of
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`the basis and reasons therefor. A failure to summai"ize the potential
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`EX 1018 Page 2
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`Case 6:20-cv-00670-ADA Document 36 Filed 12/09/20 Page 3 of 5
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`expert testimony in a good faith, informative fashion may result in
`the exclusion of the proffered 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.
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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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`Friday, March 12, 2021
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`Plaintiff files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
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`Friday, March 26, 2021
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`Close of Venue Discovery.
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`Tuesday, April 13, 2021
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`Defendant files Responsive claim construction brief.
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`Friday, April 16, 2021
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`Motion to Transfer Response brief due.
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`Plaintiff files Reply claim construction brief.
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`Motion to Transfer Reply brief due.
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`Tuesday, April 27, 2021
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`Friday, April 30, 2021
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`Tuesday, May 11, 2021
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`Defendant files a Sur-Reply claim construction brief.
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`Friday, May 14, 2021
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`Parties submit Joint Claim Construction Statement. In addition to
`filing, the parties shall jointly submit, via USB drive, Dropbox
`(not another cloud storage), or email to the law clerk, pdf versions
`of all as-filed briefing and exhibits. Absent agreement of the
`parties, the Plaintiff shall be responsible for the timely submission
`of this and other Joint filings.
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`Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).
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`Markman Hearing at 9:00 a.m.
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
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`Deadline to add parties.
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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.
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`Wednesday, May 19, 2021
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`Friday, May 21, 2021
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`Friday, May 28, 2021
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`Tuesday, June 1, 2021
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`Friday, July 9, 2021
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`Friday, July 23, 2021
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`EX 1018 Page 3
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`Case 6:20-cv-00670-ADA Document 36 Filed 12/09/20 Page 4 of 5
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`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or patent claims.
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`Friday, September 17, 2021
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`Plaintiff shall serve a Final Election of Asserted Claims, which
`shall identify no more than five asserted claims per patent from
`among the ten previously identified claims and no more than a
`total of 16 claims.
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`Wednesday, December 15,
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`Close of Fact Discovery.
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`Defendant shall serve a Final Election of Asserted Prior Art,
`which shall identify no more than six asserted prior art references
`per patent from among the prior art references previously
`identified for that particular patent and no more than a total of 20
`references.
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`Friday, January 7, 2022
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`Friday, January 14, 2022
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`Close of Expert Discovery.
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`Deadline to 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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`Friday, January 14, 2022
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`Friday, February 11, 2022
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`Friday, March 4, 2022
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`Friday, March 11, 2022
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`Dispositive motion deadline and Daubert motion deadline.
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`Friday, March 18, 2022
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
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`Friday, April 1, 2022
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`Friday, April 17, 2022
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`Serve objections to rebuttal disclosures and File Motions in limine. Friday, April 22, 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 limine.
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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
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`Friday, April 29, 2022
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`Friday, May 6, 2022
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`EX 1018 Page 4
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`Case 6:20-cv-00670-ADA Document 36 Filed 12/09/20 Page 5 of 5
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`request shall file a notice with the Court and e-mail the Court
`Reporter, Kristie Davis at kmdaviscsr@yahoo.com
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`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`Final Pretrial Conference.
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`Jury Selection/Trial.
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`Signed this 9th day of December, 2020.
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`Tuesday, May 17, 2022
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`Friday, May 20, 2022
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`Monday, June 13, 2022
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`EX 1018 Page 5
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