`
`Case 6:20-cv-00670-ADA Document 33 Filed 11/20/20 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`
`
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`CORRECT TRANSMISSION, LLC
`
`Plaintiff,
`
`v.
`
`
`
`JUNIPER NETWORKS, INC.
`
`Defendant.
`
`§
`§
`§
`§
`
`
`
`
`§ Civil. Action No. 6:20-CV-670-ADA
`
`§ §
`
` JURY TRIAL DEMANDED
`
`§§
`
`
`§
`
`
`
`SCHEDULING ORDER
`
`EX 1022 Page 1
`
`
`
`33 Filed 11/20/20 Page 2 of 5 Case 6:20-cv-00670-ADA Document
`
`
`
`
`SCHEDULING ORDER
`
`..
`
`l -
`.
`
`Event
`
`D«.dlil)�-
`
`' ,- .:.-1
`·. i
`
`·..:.� ·-· ,•
`..
`
`Close of Venue Discovery.
`
`
`
`Monday. December 14, 2020
`
`-- .. ..
`
`Motion to Transfer Response brief due.
`
`
`Monday. December 28, 2020
`
`
`
`Motion to Transfer Reply brief due.
`
`Monday, January l l, 2021
`
`Thursday, December 31,
`
`
`
`Defendant serves preliminary invalidity contentions in the form of
`
`
`( 1) a chart setting forth where in the prior art references each 2020
`
`
`
`
`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 di_rected to ineligible
`subject matter under section IO 1. 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.
`
`Plaintiff shall serve a Preliminary Election of Asserted Claims,
`
`
`
`Friday, January 22, 2021
`
`
`which shall assert no more than a total of 50 claims.
`
`
`
`Alternative, based on EDTX Model Order:
`
`Plaintiff shall serve a Preliminary Election of Asserted Claims,
`
`
`
`
`which shall assert no more than ten claims from each patent and
`
`
`not more than a total of 32 claims.
`
`terms for construction. Friday, February 5, 2021
`Parties exchange claim
`
`Defendant shall serve a Preliminary Election of Asserted Prior Friday, February 12, 2021
`
`
`
`
`Art, which shall assert no more than a total of 60 references.
`
`Alternative, based on EDTX Model Order:
`
`Defendant shall serve a Preliminary Election of Asserted Prior
`
`
`Art, which shall assert no more twelve prior art references
`
`against each patent and not more than a total of 40 references.
`
`
`
`
`
`Parties exchange proposed claim constructions. Friday, February 19, 2021
`
`Parties disclose extrinsic evidence. The parties shall disclose any Friday, March S, 2021
`
`
`
`
`
`
`
`extrinsic evidence, including the identity of any expert witness
`
`EX 1022 Page 2
`
`
`
`
`
`Case 6:20-cv-00670-ADA Document 33 Filed 11/20/20 Page 3 of 5
`
`they may rely upon with respect to claim construction or
`
`
`
`indefiniteness. With respect to any expert identified, the parties
`
`
`
`shall also provide a summary of the witness's expected testimony
`
`including the opinions to be expressed and a general description of
`the basis and reasons therefor. A failure to summarize the potential
`
`
`
`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.
`
`Deadline to meet and confer to narrow terms in dispute and
`
`
`
`Friday, March 12, 2021
`exchange revised list of terms/constructions
`.
`
`Plaintiff files Opening claim construction brief, including any
`
`
`
`
`
`
`
`
`arguments that any claim terms are not indefinite.
`
`Friday, March 26, 2021
`
`Defendant files Responsive claim construction brief.
`
`
`
`Friday, April 16, 2021
`
`
`
`
`
`Plaintiff files Reply claim construction brief.
`
`Friday, April 30, 2021
`
`
`
`
`
`Defendant files Sur-Reply claim construction brief.
`
`Friday, May 14, 2021
`
`Parties submit Joint Claim Construction Statement. In addition to
`
`
`
`
`Wednesday, May 19, 2021
`
`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
`
`Plaintiff shall be responsible for the timely submission
`parties, the
`
`of this and other Joint fit ings.
`
`Parties submit optional technical tutorials to the Court and
`
`
`
`
`Friday, May 21, 2021
`
`technical adviser (if appointed).
`
`Markman
`
`Hearing at 9:00 a.m.
`
`
`
`Friday, May 28, 2021
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Tuesday, June l, 2021
`
`
`
`Rule 26(a).
`
`
`
`Deadline to add parties.
`
`
`
`Friday, July 9, 2021
`
`Deadline to serve Final Infringement and Invalidity Contention
`
`
`s.
`
`Friday, July 23, 2021
`
`
`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
`
`
`
`infonnation is identified after initial contentions.
`
`EX 1022 Page 3
`
`
`
`
`
`Case 6:20-cv-00670-ADA Document 33 Filed 11/20/20 Page 4 of 5
`
`Deadline to amend pleadings. A motion is not required unless
`
`
`
`the Friday, September 17, 2021
`
`amendment adds patents or
`patent claims.
`
`
`Plaintiff shall serve a Final Election of Asserted Claims,
`
`
`
`
`
`shall identify no more than five asserted claims
`per patent from 2021
`
`among the ten y identified claims and no more than a
`previousl
`total of 16 claims.
`
`Close of Fact Discovery.
`
`which Wednesday, December 15,
`
`Friday, Janua
`ry 7, 2022
`
`
`Prior Art, Friday, January 14, 2022
`Defendant shall serve a Final Election of Asserted
`
`
`
`
`
`which shall identify no more than six asserted prior art references
`y
`
`
`g the prior art references previousl
`per patent from amon
`
`
`particular patent and no more than a total of 20
`
`identified for that
`references.
`Opening Expert Reports.
`
`Friday, January 14, 2022
`
`Rebuttal Expert Reports.
`
`
`
`
`
`Close of Expert Discovery.
`
`Friday, February 11, 2022
`
`Friday, March 4, 2022
`
`g the number of Friday, March 11, 2022
`Deadline to meet and confer to discuss narrowin
`
`
`
`
`
`
`
`prior art references at issue to triable limits. To
`claims asserted and
`
`
`
`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
`parties shall file a amount of trial time anticipated per side. The
`
`
`
`Joint Report within 5 business da
`
`ys regarding the results of the
`meet and confer.
`
`motion deadline. Friday, March 18, 2022
`Dispositive motion deadline and
`Daubert
`
`
`
`
`Serve Pretrial Disclosures Oury instructions, exhibits lists, witness
`Friday, April I, 2022
`
`lists, discovery and deposition designations).
`
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`Sunday, April 17, 2022
`
`
`Serve objections to rebuttal disclosures and File Motions
`
`Friday, April 22, 2022
`in limine.
`File Joint Pretrial Order and Pretrial Submissions Oury
`
`Friday, April 29, 2022
`
`discovery and deposition
`
`
`
`
`instructions, exhibits lists, witness lists,
`designations); file oppositions to motions
`in limine.
`
`quest for Daily Transcript or Real Time
`
`
`Friday, May 6, 2022
`File Notice of Re
`
`pt or real time reporting of court
`
`Reporting. If a daily transcri
`
`
`quested for trial, the g said party or parties makin
`
`proceedings is re
`
`
`request shall file a notice with the Court and e-mail the Court
`
`
`Reporter, Kristie Davis at krndaviscsr@yahoo.com
`
`EX 1022 Page 4
`
`
`
`
`
`
`
`Case 6:20-cv-00670-ADA Document 33 Filed 11/20/20 Page 5 of 5
`
`Deadline to meet and confer regarding remaining objections and
`
`
`
`
`
`
`disputes on motions
`in limine.
`
`File joint notice identifying remaining objections to pretrial
`
`Tuesday, May 17, 2022
`disclosures and disputes on motions
`in limine.
`
`
`
`Final Pretrial Conference.
`
`Friday, May 20, 2022
`
`Jury Selection/Trial.
`
`Monday, June 13, 2022
`
`November
`
`20_2_0_.
`
`19
`h
`SIGNED this _ _
`___ _ day of
`
`_t
`
`��\�-�.
`
`UNlTED STATES DISTRICT JUDGE J
`
`EX 1022 Page 5
`
`