LOGANTREE LP,
`
`v.
`
`APPLE INC.,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Plaintiff,
`
`Civil Action No. 6:21-cv-00397-ADA
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`SCHEDULING ORDER
`
`Deadline
`
`Friday, July 16, 2021
`
`Friday, August 6, 2021
`
`Item
`Plaintiff serves preliminary 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 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.
`
`Friday, August 20, 2021
`
`Plaintiff will limit the number of asserted claims to no
`more than twenty-eight (28) asserted claims.
`
`Friday, October 1, 2021
`
`Defendant shall serve 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, (2)
`technical documents, including software where applicable,
`sufficient to show the operation of the accused product(s).
`
`1
`
`APPLE 1024
`
`

`

`Deadline
`
`Item
`
`Friday, October 15, 2021
`
`Parties exchange claim terms for construction.
`
`Friday, October 29, 2021
`
`Parties exchange proposed claim constructions.
`
`Friday, November 5, 2021
`
`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. 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.
`
`Friday, November 12, 2021
`
`Deadline to meet and confer to narrow terms in dispute
`and exchange revised list of terms/constructions.
`
`Friday, November 19, 2021
`
`Defendant files Opening claim construction brief,
`including any arguments that any claim terms are not
`indefinite.
`
`Friday, December 17, 2021
`
`Plaintiff files Responsive claim construction brief.
`
`Friday, January 14, 2022
`
`Defendant files Reply claim construction brief.
`
`Friday, February 11, 2022
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`Friday, February 25, 2022
`
`Parties submit optional technical tutorials to the Court
`and technical adviser (if appointed).
`
`Wednesday, March 2, 2022
`
`Parties submit Joint Claim Construction Statement.
`
`Friday, March 4, 2022
`
`Markman Hearing at [9:00 a.m. or 1:30 p.m.]
`
`Saturday, March 5, 2022
`
`Fact Discovery opens; deadline to serve Initial
`Disclosures per Rule 26(a).
`
`Friday, April 15, 2022
`
`Deadline to add parties.
`
`Friday, April 29, 2022
`
`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.
`
`2
`
`

`

`Deadline
`
`Friday, June 24, 2022
`
`Friday, September 2, 2022
`
`Item
`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.
`
`Friday, September 30, 2022
`
`Close of Fact Discovery.
`
`Friday, October 7, 2022
`
`Opening Expert Reports.
`
`Tuesday, November 22, 2022
`
`Rebuttal Expert Reports.
`
`Friday, December 16, 2022
`
`Close of Expert Discovery.
`
`Friday, December 30, 2022
`
`Deadline for the second of two 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.
`
`Friday, January 6, 2023
`
`Dispositive motion deadline and Daubert motion
`deadline.
`
`Friday, January 20, 2023
`
`Serve Pretrial Disclosures (jury instructions, exhibits
`lists, witness lists, discovery and deposition designations).
`
`Friday, February 3, 2023
`
`Friday, February 10, 2023
`
`Serve objections to pretrial disclosures/rebuttal
`disclosures.
`
`Serve objections to rebuttal disclosures and File
`Motions in limine.
`
`Friday, February 17, 2023
`
`Friday, February 24, 2023
`
`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. 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
`
`3
`
`

`

`Deadline
`
`Monday, March 6, 2023
`
`Friday, March 10, 2023
`
`Item
`Court and e-mail the Court Reporter, Kristie Davis at
`kmdaviscsr@yahoo.com. Deadline to meet and confer
`regarding remaining objections and disputes on motion in
`limine.
`
`File joint notice identifying remaining objections to
`pretrial disclosures and disputes on motions in limine.
`
`Final Pretrial Conference. The Court expects to set this
`date at the conclusion of the Markman Hearing.
`
`Friday, March 31, 2023
`
`Jury Selection/Trial. The Court expects to set these dates
`at the conclusion of the Markman Hearing.
`
`SIGNED this ______ day of _____________________, 2021.
`
`____________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`