Case 6:21-cv-00411-ADA Document 35 Filed 11/23/21 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MemoryWeb, LLC,
`
`Plaintiff,
`
`v.
`
`Defendant,
`
`Apple Inc.,
`
`MemoryWeb, LLC,
`
`Plaintiff
`
`v.
`
`Samsung Electronics Co., Ltd. (a Korean
`Company) and Samsung Electronics America,
`Inc.,
`
`Defendants
`
`Case No. 6:21-cv-00531-ADA
`
`JURY TRIAL DEMANDED
`
`Case No. 21-cv-411-ADA
`
`JURY TRIAL DEMANDED
`
`AGREED SCHEDULING ORDER
`
`Having considered the parties Joint Motion to Modify the Agreed Schedule, the Court
`
`ORDERS that the following schedule will govern deadlines up to and including trial in the above-
`
`captioned cases. For post-Markman dates, the parties will file an amended proposed scheduling
`
`order once the Court sets a Markman hearing date.
`
`Deadline
`
`Completed
`
`Item
`
`Plaintiff to identify claims asserted.
`
`4
`
`1
`
`SAMSUNG 1030
`
`

`

`Case 6:21-cv-00411-ADA Document 35 Filed 11/23/21 Page 2 of 5
`
`Completed as to patents asserted
`in original Complaints
`
`Subject to the Court’s granting of
`Plaintiff’s Unopposed Motion for
`Leave to File Amended
`Complaint, Plaintiff will file the
`Amended Complaint within one
`day of any such order granting
`leave, and serve its supplemental
`infringement contentions as to
`U.S. Patent No. 11,163,823 on
`Samsung within one day of filing
`the Amended Complaint, where
`the supplemental infringement
`contentions Plaintiff serves will
`be identical to those sent to
`Samsung on 11/10/2021, as
`agreed to by the Parties.
`Completed
`
`January 31, 2022
`
`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.
`
`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).
`
`February 15, 2022
`
`Parties exchange claim terms for construction.
`
`March 8, 2022
`
`March 15, 2022
`
`Parties exchange proposed claim constructions.
`
`Parties disclose extrinsic evidence. The parties shall
`disclose any extrinsic evidence, including the identity of
`
`5
`
`2
`
`

`

`Case 6:21-cv-00411-ADA Document 35 Filed 11/23/21 Page 3 of 5
`
`March 21, 2022
`
`March 28, 2022
`
`April 18, 2022
`
`May 2, 2022
`
`May 16, 2022
`
`May 20, 2022
`
`May 24, 2022
`
`June 3, 2022 or as soon thereafter
`as practical
`
`
`June 6, 2022 (or 1 business day
`after Markman hearing,
`whichever is later)
`July 11, 2022
`
`July 26, 2022
`
`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.
`
`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
`indefinite.
`
`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.
`
`See General Issues Note #9 regarding providing copies of
`the briefing to the Court and the technical adviser (if
`appointed).
`
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).
`Markman Hearing at 9:00 a.m. This date is a placeholder
`and the Court may adjust this date as the Markman hearing
`approaches
`
`Fact Discovery opens; 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.
`
`
`
`
`6
`
`3
`
`

`

`Case 6:21-cv-00411-ADA Document 35 Filed 11/23/21 Page 4 of 5
`
`September 19, 2022
`
`November 29, 2022
`
`December 16, 2022
`
`January 9, 2023
`
`February 13, 2023
`
`March 20, 2023
`
`March 22, 2023
`
`April 5, 2023
`
`April 19, 2023
`
`May 3, 2023
`
`May 10, 2023
`
`May 17, 2023
`
`
`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.
`
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`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.
`
`Dispositive motion deadline and Daubert motion deadline.
`See General Issues Note #8 regarding providing copies of
`the briefing to the Court and the technical adviser (if
`appointed).
`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.
`
`
`
`7
`
`4
`
`

`

`Case 6:21-cv-00411-ADA Document 35 Filed 11/23/21 Page 5 of 5
`
`May 24, 2023
`
`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 motions in limine.
`
`3 business days before Final
`Pretrial Conference.
`
`File joint notice identifying remaining objections to
`pretrial disclosures and disputes on motions in limine.
`
`May 31, 2023 (or as soon as
`practicable thereafter)
`
`Final Pretrial Conference. The Court expects to set this
`date at the conclusion of the Markman Hearing.
`
`June 30, 2023 (or as soon as
`practicable thereafter)
`
`Samsung Jury Selection/Trial. The Court expects to set
`these dates at the conclusion of the Markman Hearing.
`
`August 7, 2023
`
`Apple Jury Selection/Trial. The Court expects to set these
`dates at the conclusion of the Markman Hearing.
`
`SIGNED this 23rd day of November, 2021.
`
`8
`
`5
`
`