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`Case 6:21-cv-00210-ADA Document 48 Filed 01/28/22 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
` FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`PROXENSE, LLC,
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` Plaintiffs,
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`v.
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`SAMSUNG ELECTRONICS, CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC,
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` Defendants.
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`Civil Action No. 6:21-cv-00210-ADA
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`JURY TRIAL REQUESTED
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`JOINT AGREED SCHEDULING ORDER AND DISCOVERY ORDER
`ORDER GOVERNING PROCEEDINGS – PATENT CASE
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS the schedule
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`set forth in Appendix A will govern deadlines.
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`DISCOVERY DISPUTES
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`A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and
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`conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s law
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`clerk to summarize the dispute and the parties’ respective positions. When contacting the law
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`clerks for discovery or procedural disputes, the following procedures shall apply.
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`If the parties are at an impasse after lead counsel have met and conferred, the requesting
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`party shall email a summary of the issue(s) and specific relief requested to opposing counsel. The
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`email shall not exceed 500 words and shall include all counsel of record. The responding party
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`shall have three business days thereafter to provide an email response, also not to exceed 500
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`words. In situations where multiple items are at issue in the dispute (such as responses to
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`interrogatories or categories of document production), the Court encourages the parties to provide
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`their submission in a table format (also not more than 500 words per side), which identifies the
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`Case 6:21-cv-00210-ADA Document 48 Filed 01/28/22 Page 2 of 6
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`disputed issues and specific relief requested.
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`Once the opposing party provides its response, the requesting party shall email the
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`responsible law clerk (or the following email address if the assigned law clerk is not known:
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`TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov) a combined email with the summary
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`positions from both sides. If a hearing is requested, the parties shall indicate whether any
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`confidential information will be involved. Thereafter, the Court will provide guidance to the parties
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`regarding the dispute, or arrange a telephonic or Zoom hearing if the Court determines that
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`additional argument would be of benefit.
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`The prevailing party in all discovery hearings shall submit a proposed order to the Court
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`that briefly summarizes the nature of the dispute along with the parties’ understanding of the
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`Court’s ruling per the Court’s Standing Order on Discovery Hearings.
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`PROTECTIVE ORDER
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`The parties will separately negotiate the entry of a final Protective Order. Pending entry
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`of the final Protective Order, the Court issues the following interim Protective Order to govern
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`the disclosure of confidential information in this matter:
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`If any document or information produced in this matter is deemed confidential by the
`producing party and if the Court has not entered a protective order, until a protective order
`is issued by the Court, the document shall be marked “confidential” or with some other
`confidential designation (such as “Confidential – Outside Attorneys Eyes Only”) by the
`disclosing party and disclosure of the confidential document or information shall be limited
`to each party’s outside attorney(s) of record and the employees of such outside attorney(s).
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`If a party is not represented by an outside attorney, disclosure of the confidential document
`or information shall be limited to one designated “in house” attorney, whose identity and
`job functions shall be disclosed to the producing party 5 days prior to any such disclosure,
`in order to permit any motion for protective order or other relief regarding such disclosure.
`The person(s) to whom disclosure of a confidential document or information is made under
`this local rule shall keep it confidential and use it only for purposes of litigating the case.
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`GENERAL ISSUES
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`1.
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`The Court will entertain reasonable requests to streamline the case schedule
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`Case 6:21-cv-00210-ADA Document 48 Filed 01/28/22 Page 3 of 6
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`and discovery and encourages the parties to contact the Court’s law clerk (with opposing
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`counsel) to arrange a call with the Court when such interaction might help streamline the case.
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`2.
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`To the extent the parties need to email the Court, the parties should use the
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`following email address: TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.
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`3.
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`The Court is generally willing to extend the response to the Complaint up
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`to 45 days if agreed by the parties. However, longer extensions are disfavored.
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`4.
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`Speaking objections during depositions are improper. Objections during
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`depositions shall be stated concisely and in a nonargumentative and nonsuggestive manner.
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`Examples of permissible objections include: “Objection, leading,” “Objection, compound,”
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`“Objection, vague.” Other than to evaluate privilege issues, counsel should not confer with a
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`witness while a question is pending. Counsel may confer with witnesses during breaks in a
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`deposition without waiving any otherwise applicable privilege.
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`5.
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`Plaintiff must file a notice informing the Court when an IPR is filed, the expected
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`time for an institution decision, and the expected time for a final written decision, within two
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`weeks of the filing of the IPR.
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`6.
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`With regard to any Motion to Transfer, the following page limits and briefing
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`schedule shall apply:
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`a. Opening – 15 pages
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`b. Response – 15 pages, due 14 days after the Opening brief
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`c. Reply – 5 pages, due 7 days after the Response brief
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`7.
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`After the trial date is set, the Court will not move the trial date except in extreme
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`situations. To the extent a party believes that the circumstances warrant continuing the
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`trial date, the parties are directed to contact the Court’s law clerk.
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`8.
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`The Court does not have a limit on the number of motions for summary
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`judgment (MSJs), Daubert motions, or Motions in limine (MIL). However, absent leave of
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`Court, the cumulative page limit for opening briefs for all MSJs is 40 pages per side, for all
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`Daubert motions is 40 pages per side, and for all MILs is 15 pages per side. Each responsive
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`MSJ, Daubert, and MIL brief is limited to the pages utilized in the opening brief or by the local
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`rules, whichever is greater; and the cumulative pages for responsive briefs shall be no more
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`than cumulative pages utilized in the opening briefs. Reply brief page limits shall be governed
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`by the local rules.
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`9.
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`For Markman briefs, summary judgment motions, and Daubert motions, the
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`parties shall jointly deliver to Chambers one paper copy printed double-sided of the Opening,
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`Response, and Reply briefs, omitting attachments, at least 10 days before the hearing. Absent
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`agreement to the contrary, the Plaintiff shall be responsible for delivering a combined set of
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`paper copies to chambers. Each party shall also provide an electronic copy of the briefs,
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`exhibits, and the optional technology tutorial via USB drive. For Markman briefs, the parties
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`should also include one paper copy of all patents-in-suit and the Joint Claim Construction
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`Statement. To the extent the Court appoints a technical adviser, each party shall deliver the
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`same to the technical adviser, also 10 days before the hearing.
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`10. When filing the Joint Claim Construction Statement or proposed Protective
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`Order, the parties shall also email the law clerk a Word version of the filed documents.
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`11.
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`For all non-dispositive motions, the parties shall submit a proposed Order. The
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`proposed Order shall omit the word “Proposed” from the title.
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`12.
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`Unless the Court indicates otherwise, the following Zoom information shall be
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`used for all non-private hearings. The public is allowed to attend non-private hearings.
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`https://txwd-uscourts.zoomgov.com/j/16057076711?pwd=WHljN0h3Yk03K3JLUTZ2a0tTMitPZz09
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`02198-00068/13130175.2
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`Case 6:21-cv-00210-ADA Document 48 Filed 01/28/22 Page 5 of 6
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`Meeting ID: 160 5707 6711
`Password: 873559
`One tap mobile: +16692545252,,16057076711#,,1#,873559#
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`SIGNED this 28th
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`day of January
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`, 2022.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`APPENDIX A – SCHEDULE
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`Deadline to serve Initial Disclosures per Rule 26(a).
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`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.
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`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or claims.
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`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.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
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`1/14/2022
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`2/21/2022
`3/7/2022
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`5/2/2022
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`7/11/2022
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`8/8/2022
`8/15/2022
`9/12/2022
`10/03/2022
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`Case 6:21-cv-00210-ADA Document 48 Filed 01/28/22 Page 6 of 6
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`10/10/2022
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`10/17/2022
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`10/31/2022
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`Deadline for the second of 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.
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
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`11/14/2022
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`11/21/2022
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`Serve objections to rebuttal disclosures and File Motions in limine.
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`12/5/2022
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`12/08/2022
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`12/13/2022
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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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`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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`1/03/2023
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`Final Pretrial Conference.
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`1/17/2023
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`Jury Selection/Trial.
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`02198-00068/13130175.2
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