`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Civil Action No. 6:21-cv-487-ADA
`
`Vervain, LLC
`
`Plaintiff,
`
`v.
`Micron Technology, Inc.;
`Micron Semiconductor Products, Inc.; and
`Micron Technology Texas, LLC
`Defendants.
`
`Vervain, LLC
`
`
`
`
`
`Plaintiff,
`
`Civil Action No. 6:21-cv-488-ADA
`
`v.
`Western Digital Corporation;
`Western Digital Technologies Inc.; and
`HGST, Inc.
`
`Defendants.
`
`AGREED SCHEDULING ORDER
`
`Pursuant to the Court’s Amended Order Regarding Notice of Readiness for Patent Cases,
`
`Version 2.2, the Case Management Conference occurred on August 6, 2021. Pursuant to the
`
`Court’s Order Governing Proceedings, Version 3.4, the above-identified parties have agreed to the
`
`following schedule. Therefore, pursuant to Federal Rule of Civil Procedure 16, the Court
`
`ORDERS that the following schedule will govern the deadlines in the above-captioned cases.1
`
`Plaintiff serves preliminary infringement contentions and initial production
`
`Item
`
`Deadline
`
`8/6/2021
`
`
`1 The parties propose dates for the Markman Hearing, Final Pretrial Conference, and Jury
`Selection/Trial subject to the Court’s availability.
`
`
`
`
`Micron Ex. 1035, p. 1
`Micron v. Vervain
`IPR2021-01547
`
`
`
`Case 6:21-cv-00487-ADA Document 24 Filed 09/16/21 Page 2 of 3
`
`Defendants serve preliminary invalidity contentions and initial production
`
`Item
`
`Parties exchange claim terms for construction
`
`Parties exchange proposed claim construction
`
`Parties disclose extrinsic evidence
`
`Deadline to meet and confer to narrow terms in dispute and exchange revised
`list of terms/constructions
`
`Deadline
`
`10/6/2021
`
`10/13/2021
`
`10/22/2021
`
`10/29/2021
`
`11/5/2021
`
`Defendant files Opening claim construction brief, including any arguments that
`any claim terms are not indefinite
`
`11/12/2021
`
`Plaintiff files Responsive claim construction brief
`
`Defendant files Reply claim construction brief
`
`Plaintiff files a Sur-Reply claim construction brief
`
`Parties submit Joint Claim Construction Statement
`
`Technology tutorial due
`
`Markman hearing initially scheduled
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a)
`
`Deadline to add parties
`
`Deadline to serve Final Infringement and Invalidity Contentions
`
`Deadline to amend pleadings
`
`Deadline for the first of two meet and confers to discuss significantly narrowing
`the number of claims asserted and prior art references at issue
`
`Close of Fact Discovery
`
`Opening Expert Reports
`
`Rebuttal Expert Reports
`
`Close of Expert Discovery
`
`
`
`
`2
`
`12/3/2021
`
`12/17/2021
`
`1/3/2022
`
`1/6/2022
`
`1/10/2022
`
`1/20/2022
`
`1/21/2022
`
`2/25/2022
`
`3/11/2022
`
`5/6/2022
`
`7/15/2022
`
`8/12/2022
`
`8/19/2022
`
`9/16/2022
`
`10/7/2022
`
`Micron Ex. 1035, p. 2
`Micron v. Vervain
`IPR2021-01547
`
`
`
`Case 6:21-cv-00487-ADA Document 24 Filed 09/16/21 Page 3 of 3
`
`Item
`
`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
`
`Dispositive motion deadline and Daubert motion deadline
`
`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
`
`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; Deadline to
`meet and confer regarding remaining objections and disputes on motions in
`limine
`
`Deadline
`
`10/14/2022
`
`10/21/2022
`
`11/4/2022
`
`11/18/2022
`
`11/29/2022
`
`12/6/2022
`
`12/13/2022
`
`File joint notice identifying remaining objections to pretrial disclosures and
`disputes on motions in limine
`
`1/3/2023
`
`Final Pretrial Conference
`
`Jury Selection/First Trial
`
`1/6/2023
`
`1/23/2023
`
`SIGNED this day of September 16, 2021.
`
`_______________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`3
`
`Micron Ex. 1035, p. 3
`Micron v. Vervain
`IPR2021-01547
`
`
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