Case 6:21-cv-00024-ADA Document 38 Filed 08/06/21 Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Neo Wireless LLC,
`
`Plaintiff,
`
`v.
`
`Dell Technologies Inc. and Dell Inc.,
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`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`CIVIL ACTION NO. 6:21-cv-0024-
`ADA
`
`JURY TRIAL DEMANDED
`
`JOINT PROPOSED SCHEDULING ORDER
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`Pursuant to the Court’s Standing Order Governing Proceedings – Patent Case and
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`Proposed Scheduling Order, the Case Management Conference in this case was deemed to have
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`occurred on Friday, July 23, 2021. Pursuant to such the Standing Order, the parties conferred
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`subsequent to the hearing date and submitted a Joint Proposed Scheduling Order. Thus, pursuant
`
`to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following schedule
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`will govern deadlines up to and including the trial of this matter:
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`Date
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`July 16, 2021
`(Friday)
`
`Event
`
`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
`
`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.
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`1
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`DELL 1020
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`

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`Case 6:21-cv-00024-ADA Document 38 Filed 08/06/21 Page 2 of 7
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`August 6, 2021
`(Friday)
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`September 10, 2021
`(Friday)
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`September 23, 2021
`(Thursday)
`October 7, 2021
`(Thursday)
`October 14, 2021
`(Thursday)
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`October 21, 2021
`(Thursday)
`October 28, 2021
`(Thursday)
`November 18, 2021
`(Thursday)
`December 2, 2021
`(Thursday)
`December 16, 2021
`(Thursday)
`December 21, 2021
`(Tuesday)
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`practice for each claimed invention, and (2) a copy of the file history for
`each patent in suit.
`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).
`Parties exchange claim terms for construction.
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`Parties exchange proposed claim constructions.
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`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.
`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are not indefinite.
`Plaintiff files Responsive claim construction brief.
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`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.
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`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
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`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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`Case 6:21-cv-00024-ADA Document 38 Filed 08/06/21 Page 3 of 7
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`December 30, 2021
`(Thursday)
`January 13, 2022
`(Thursday) or as set
`by the Court
`January 14, 2022
`(Friday)
`February 24, 2022
`(Thursday)
`March 10, 2022
`(Thursday)
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`May 5, 2022
`(Thursday)
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`July 14, 2022
`(Thursday)
`
`August 11, 2022
`(Thursday)
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`August 18, 2022
`(Thursday)
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`September 15, 2022
`(Thursday)
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`October 6, 2022
`(Thursday)
`October 13, 2022
`(Thursday)
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`October 20, 2022
`(Thursday)
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`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).3
`Markman Hearing at 9:00 a.m. This date is a placeholder and the Court
`may adjust this date as the Markman hearing approaches.
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`Discovery commences on all issues and 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 narrowing, they are ordered to
`contact the Court’s Law Clerk to arrange a teleconference with the
`Court to resolve the disputed issues.
`Fact Discovery Deadline. Fact discovery must be completed by this
`date. Any fact discovery requests must be propounded so that the
`responses are due by this date.
`Parties with burden of proof to designate Expert Witnesses and provide
`their expert witness reports, to include all information required by Rule
`26(a)(2)(B).
`Parties shall designate Rebuttal Expert Witnesses on issues for which
`the parties do not bear the burden of proof, and provide their expert
`witness reports, to include all information required by Rule 26(a)(2)(B).
`Expert Discovery Deadline. Expert discovery must be completed by
`this date.
`Deadline for the second of two meet and confers 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.
`Daubert Motion deadline.
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`
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`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.
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`
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`3
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`

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`Case 6:21-cv-00024-ADA Document 38 Filed 08/06/21 Page 4 of 7
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`Any objection to the reliability of an expert’s proposed testimony under
`Federal Rule of Evidence 702 shall be made by motion, specifically
`stating the basis for the objection and identifying the objectionable
`testimony, not later than 14 days of receipt of the written report of the
`expert’s proposed testimony or not later than 14 days of the expert’s
`deposition, if a deposition is taken, whichever is later. The failure to
`strictly comply with this paragraph will be de e me d a waive r of any
`objection that could have been made pursuant to Federal Rule of
`Evidence 702.
`Dispositive Motion deadline.
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`The Court does not have a limit on the number of motions for summary
`judgment (MSJs); however, absent leave of Court, the cumulative page
`limit for Opening Briefs for all MSJs is 40 pages per side.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations). By this date the parties will also
`exchange draft Motions in Limine to determine which may be agreed.
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`By this date the parties shall exchange any objections to rebuttal
`disclosures including the proposed jury charge, with supporting
`explanation and citation of controlling law. By this date the parties shall
`also submit to the Court their Motions in Limine.
`By this date the parties will submit to the Court their Pretrial
`Submissions (jury instructions, exhibit lists, witness lists, discovery and
`deposition designations) and the Joint Pre-Trial
`Order, including the identification of issues to be tried, identification of
`witnesses, trial schedule provisions, and all other pertinent information.
`By this date the parties will also submit to the Court their 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
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`October 20, 2022
`(Thursday)
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`November 3, 2022
`(Thursday)
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`November 17, 2022
`(Thursday)
`November 23, 2022
`(Wednesday)
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`December 1, 2022
`(Thursday)
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`December 9, 2022
`(Friday)
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`December 15, 2022
`(Thursday)
`December 21, 2022
`(Wednesday) or as
`Set by the Court
`
`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 Pre-Trial Conference. The parties shall provide to the Court an
`agreed jury charge with supported objections of each party, and
`proposed questions for the jury, at the final Pre-Trial Conference.
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`4
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`

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`Case 6:21-cv-00024-ADA Document 38 Filed 08/06/21 Page 5 of 7
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`January 17, 2023
`(Tuesday) or as Set
`by the Court4
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`Jury Selection/Trial. The Court expects to set these dates at the
`conclusion of the Markman Hearing.
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`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.
`5
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`

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`Case 6:21-cv-00024-ADA Document 38 Filed 08/06/21 Page 6 of 7
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`DATED: 08/06/2021
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`Respectfully submitted,
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`CALDWELL CASSADY CURRY P.C.
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`T. John Ward, Jr.
`Texas Bar No. 00794818
`jw@wsfirm.com
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, TX 75604
`903-757-6400
`903-757-2323 (Facsimile)
`
`Attorneys for Plaintiff Neo Wireless LLC
`
`/s/ Roger Fulghum
`BAKER BOTTS LLP
`Roger Fulghum
`State of Texas Bar No. 00790724
`910 Louisiana Street
`Houston, Texas 77002
`Telephone: 713.229.1707
`Facsimile: 713.229.2707
`Email: roger.fulghum@bakerbotts.com
`
`Deron R. Dacus
`Texas Bar No. 00790553
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, Texas 75701
`903-705-1117 (phone)
`903-581-2543 (fax)
`E-mail: ddacus@dacusfirm.com
`
`Attorneys for Defendants Dell Technologies
`Inc. and Dell Inc.
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`6
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`Case 6:21-cv-00024-ADA Document 38 Filed 08/06/21 Page 7 of 7
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing document was filed electronically with the
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`Clerk of Court using the CM/ECF system which will send notification of such filing to all
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`counsel registered as Filing Users on this 6th day of August 2021.
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`
`7
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