Case 6:20-cv-00669-ADA Document 34 Filed 12/10/20 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`CORRECT TRANSMISSION, LLC
`§
`§
`Plaintiff,
`§
`§
`§
`§
`§
`§
`§
`§
`
`v.
`ADTRAN, INC.
`Defendant.
`
`Civil. Action No. 6:20-CV-669-ADA
`JURY TRIAL DEMANDED
`
`SCHEDULING ORDER
`
`Scramoge Technology Ltd.
`Ex. 2006 - Page 1
`
`

`

`Case 6:20-cv-00669-ADA Document 34 Filed 12/10/20 Page 2 of 5
`
`Deadline
`
`Thursday, December 31,
`2020
`
`SCHEDULING ORDER
`
`Event
`
`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.
`
`Plaintiff shall serve a Preliminary Election of Asserted Claims,
`which shall assert no more than a total of 50 claims.
`
`Friday, January 22, 2021
`
`Parties exchange claim terms for construction.
`
`Defendant shall serve a Preliminary Election of Asserted Prior
`Art, which shall assert no more than a total of 60 references.
`
`Friday, February 5, 2021
`
`Friday, February 12, 2021
`
`Parties exchange proposed claim constructions.
`
`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 also provide a summary of the witness’s expected testimony
`including the opinions to be expressed and a general description of
`the basis and reasons therefor. A failure to summarize the potential
`
`Friday, February 19, 2021
`
`Friday, March 5, 2021
`
`Scramoge Technology Ltd.
`Ex. 2006 - Page 2
`
`

`

`Case 6:20-cv-00669-ADA Document 34 Filed 12/10/20 Page 3 of 5
`
`expert testimony in a good faith, informative fashion may result in
`the exclusion of the proffered 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.
`
`Close of Venue Discovery.
`
`Motion to Dismiss Response brief due.
`
`Plaintiff files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
`
`Motion to Dismiss Reply brief due.
`
`Defendant files Responsive claim construction brief.
`
`Plaintiff files Reply claim construction brief.
`
`Defendant files a Sur-Reply claim construction brief.
`
`Parties submit Joint Claim Construction Statement. In addition to
`filing, the parties shall jointly submit, via USB drive, Dropbox
`(not another cloud storage), or email to the law clerk, pdf versions
`of all as-filed briefing and exhibits. Absent agreement of the
`parties, the Plaintiff shall be responsible for the timely submission
`of this and other Joint filings.
`
`Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).
`
`Markman Hearing at 9:00 a.m.
`
`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.
`
`Friday, March 12, 2021
`
`Friday, March 12, 2021
`
`Friday, March 26, 2021
`
`Friday, March 26, 2021
`
`Friday, April 9, 2021
`
`Friday, April 16, 2021
`
`Friday, April 30, 2021
`
`Friday, May 14, 2021
`
`Wednesday, May 19, 2021
`
`Friday, May 21, 2021
`
`Friday, May 28, 2021
`
`Tuesday, June 1, 2021
`
`Friday, July 9, 2021
`
`Friday, July 23, 2021
`
`Scramoge Technology Ltd.
`Ex. 2006 - Page 3
`
`

`

`Case 6:20-cv-00669-ADA Document 34 Filed 12/10/20 Page 4 of 5
`
`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or patent claims.
`
`Friday, September 17, 2021
`
`Plaintiff shall serve a Final Election of Asserted Claims, which
`shall identify no more than five asserted claims per patent from
`among the ten previously identified claims and no more than a
`total of 16 claims.
`
`Wednesday, December 15,
`2021
`
`Close of Fact Discovery.
`
`Defendant shall serve a Final Election of Asserted Prior Art,
`which shall identify no more than six asserted prior art references
`per patent from among the prior art references previously
`identified for that particular patent and no more than a total of 20
`references.
`
`Friday, January 7, 2022
`
`Friday, January 14, 2022
`
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`Deadline to 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 14, 2022
`
`Friday, February 11, 2022
`
`Friday, March 4, 2022
`
`Friday, March 11, 2022
`
`Dispositive motion deadline and Daubert motion deadline.
`
`Friday, March 18, 2022
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
`
`Friday, April 1, 2022
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Friday, April 17, 2022
`
`Serve objections to rebuttal disclosures and File Motions in limine. Friday, April 22, 2022
`
`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
`
`Friday, April 29, 2022
`
`Friday, May 6, 2022
`
`Scramoge Technology Ltd.
`Ex. 2006 - Page 4
`
`

`

`Case 6:20-cv-00669-ADA Document 34 Filed 12/10/20 Page 5 of 5
`
`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.
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`Final Pretrial Conference.
`
`Jury Selection/Trial.
`
`Tuesday, May 17, 2022
`
`Friday, May 20, 2022
`
`Monday, June 13, 2022
`
`ORDERED this 10th day of December, 2020.
`
`Alan D Albright
`United States District Judge
`
`Scramoge Technology Ltd.
`Ex. 2006 - Page 5
`
`