Case 6:21-cv-00074-ADA Document 23 Filed 07/14/21 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TRAXCELL TECHNOLOGIES, LLC,
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`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`Case No. 6:21-cv-00074-ADA
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`JURY TRIAL DEMANDED
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`AGREED SCHEDULING ORDER
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`Plaintiff, Traxcell Technologies, LLC (“Traxcell”) and Apple, Inc. (“Apple”) or
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`(“Defendant”) hereby provide the following proposed Scheduling Order in accordance with the
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`Court’s June 24, 2021 Standng Order, to govern the proceedings in this matter:
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`Deadline
`June 23, 2021
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`July 14, 2021
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`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.
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`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.
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`1
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`Apple Exhibit 1014
`Page 1 of 5
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`Case 6:21-cv-00074-ADA Document 23 Filed 07/14/21 Page 2 of 5
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`August 11, 2021
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`Wednesday, September 8, 2021
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`Wednesday, September 22, 2021
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`Plaintiff will limit the number of asserted claims to no
`more than eight (10) per asserted patent.
`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, (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.
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`Parties exchange claim terms for construction.
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`Wednesday, October 6, 2021
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`Parties exchange proposed claim constructions.
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`Wednesday, October 13, 2021
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`Tuesday, October 20, 2021
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`Wednesday, October 27, 2021
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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. 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.
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`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.1
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`1 Given the incomplete overlap of asserted patents among the related cases and pursuant to
`the OGP Version 3.4 at 4, Defendants in the related cases anticipate the need for reasonable
`adjustments to the page limits on claim construction briefing. To wit, Ericsson and Verizon
`are accused of infringing three patents that are not asserted against Apple and Google. Those
`patents claim technology that is different from the patents asserted against Apple and
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`2
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`Apple Exhibit 1014
`Page 2 of 5
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`Case 6:21-cv-00074-ADA Document 23 Filed 07/14/21 Page 3 of 5
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`Wednesday, November 17, 2021
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`Wednesday, December 8, 2021
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`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief.
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`Wednesday, December 29, 2021
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`Plaintiff files a Sur-Reply claim construction brief.
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`Wednesday, January 12, 2022
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`Monday, January 17, 2022
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`Parties submit optional technical tutorials to the
`Court and technical adviser (if appointed).
`Parties submit Joint Claim Construction Statement.
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`Wednesday, January 19, 2022
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`Markman Hearing at [9:00 a.m. or 1:30 p.m.]
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`Thursday, January 20, 2022
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`Wednesday, March 2, 2022
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`Wednesday, March 16, 2022
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`Wednesday, May 11, 2022
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`Wednesday, July 20, 2022
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`Wednesday, August 17, 2022
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`Fact Discovery opens; deadline to serve Initial
`Disclosures per Rule 26(a).
`Deadline to add parties.
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`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.
`Close of Fact Discovery.
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`Wednesday, August 24, 2022
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`Opening Expert Reports.
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`Wednesday, September 21, 2022
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`Rebuttal Expert Reports.
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`Wednesday, October 12, 2022
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`Close of Expert Discovery.
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`Wednesday, October 19, 2022
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`Deadline for the second of two meet and confer to
`discuss narrowing the number of claims asserted
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`Google. Once Plaintiff narrows the claims at issue and the parties exchange proposed
`constructions, the parties will work together to present a reasonable proposal to the Court
`to facilitate coordinated briefing among the related cases.
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`3
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`Apple Exhibit 1014
`Page 3 of 5
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`Case 6:21-cv-00074-ADA Document 23 Filed 07/14/21 Page 4 of 5
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`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.
`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. 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. 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.
`Jury Selection/Trial. The Court expects to set these
`dates at the conclusion of the Markman Hearing.
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`Wednesday, October 26, 2022
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`Wednesday, November 9, 2022
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`Wednesday, November 23, 2022
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`Wednesday, November 30, 2022
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`Wednesday, December 7, 2022
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`Wednesday, December 14, 2022
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`Friday, December 23, 2022
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`Wednesday, December 28, 2022
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`Wednesday, January 18, 2023
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`Respectfully Submitted
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`Ramey & Schwaller, LLP
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`4
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`Apple Exhibit 1014
`Page 4 of 5
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`Case 6:21-cv-00074-ADA Document 23 Filed 07/14/21 Page 5 of 5
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`/s/William P. Ramey
`William P. Ramey, III
`Texas Bar No. 24027643
`5020 Montrose Blvd., Suite 800
`Houston, Texas 77006
`(713) 426-3923 (telephone)
`(832) 900-4941 (fax)
`wramey@rameyfirm.com
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`Attorneys for Traxcell Technologies, LLC
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`CERTIFICATE OF CONFERENCE
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`I hereby confirmthat I conferred with counsel from Apple, Verizon and Google, today, July
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`14, 2021, on this Proposed docket control order and all parties are in agreement.
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`/s/ William P. Ramey, III
`William P. Ramey, III
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`CERTIFICATE OF SERVICE
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`Pursuant to the Federal Rules of Civil Procedure, I hereby certify that all counsel of record
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`who have appeared in this case are being served on this day of July 14, 2021, with a copy of the
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`foregoing via e-mail.
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`/s/ William P. Ramey, III
`William P. Ramey, III
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`5
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`Apple Exhibit 1014
`Page 5 of 5
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