Case 6:21-cv-00663-ADA Document 19 Filed 10/06/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`CIVIL ACTION No. 6:21-cv-00663
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`)))))))))))
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`INGENIOSHARE, LLC,
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`v.
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`EPIC GAMES, INC.,
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`Plaintiff,
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`Defendant.
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`[PROPOSED] AGREED SCHEDULING ORDER
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
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`following schedule will govern deadlines up to and including the trial of this matter:
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`Date
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`Item
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`September 16, 2021
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`Plaintiff serves preliminary infringement1 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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`September 23, 2021 Case Management Conference deemed to occur.
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`October 7, 2021
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`Parties submit an agreed Scheduling Order.
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`November 11, 2021 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
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`1 The parties may amend preliminary infringement contentions and preliminary invalidity contentions without
`leave of court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions
`and the amendment is based on material identified after those preliminary contentions were served, and should
`do so seasonably upon identifying any such material. Any amendment to add patent claims requires leave of court
`so that the Court can address any scheduling issues.
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`Epic Games Ex. 1013
`Page 1
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`

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`Case 6:21-cv-00663-ADA Document 19 Filed 10/06/21 Page 2 of 4
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`Date
`
`Item
`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).
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`December 2, 2021
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`Parties exchange claim terms for construction.
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`December 2, 2021
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`Close of venue discovery.
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`December 16, 2021
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`Parties exchange proposed claim constructions.
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`December 16, 2021
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`Plaintiff files responses to motion to dismiss for improper venue and
`motion to transfer venue.
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`December 23, 2021
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`January 5, 2022
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`January 6, 2022
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`Parties disclose extrinsic evidence, including the identity of any expert
`witness they may rely upon in their opening brief 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.2 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.
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`Defendant files replies in support of motion to dismiss for improper
`venue and motion to transfer venue.
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`January 10, 2022
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`Defendant files opening claim construction brief.
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`January 31, 2022
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`Plaintiff files responsive claim construction brief.
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`February 14, 2022 Defendant files reply claim construction brief.
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`February 28, 2022
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`Plaintiff files sur-reply claim construction brief.
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`March 3, 2022
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`Parties submit Joint Claim Construction Statement.
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`March 7, 2022
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`Parties submit optional technical tutorials to the Court and technical
`advisor (if appointed).3
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`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`3 The parties should contact the law clerk to request a Box link so that the party can directly upload the file to the
`Court’s Box account.
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`2
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`Epic Games Ex. 1013
`Page 2
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`Case 6:21-cv-00663-ADA Document 19 Filed 10/06/21 Page 3 of 4
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`Date
`
`Item
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`March 17, 2022
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`Markman hearing at 9:00 a.m.
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`March 18, 2022
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`Fact discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
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`April 28, 2022
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`Deadline to add parties.
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`May 12, 2022
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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.
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`July 7, 2022
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`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or patent claims.
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`September 1, 2022
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`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.
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`September 8, 2022 Close of Fact Discovery.
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`September 29, 2022 Opening Expert Reports.
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`October 20, 2022
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`Rebuttal Expert Reports.
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`November 17, 2022 Close of Expert Discovery.
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`November 23, 2022 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.
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`December 1, 2022
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`Parties shall file a Joint Report regarding the results of the meet and
`confer.
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`December 22, 2022 Dispositive motion deadline and Daubert motion deadline.
`See General Issues Note #9 regarding providing copies of the briefing
`to the Court and the technical adviser (if appointed).
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`3
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`Epic Games Ex. 1013
`Page 3
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`Case 6:21-cv-00663-ADA Document 19 Filed 10/06/21 Page 4 of 4
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`Date
`
`Item
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`January 12, 2023
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`Serve Pretrial Disclosures (jury instructions, exhibit lists, witness lists,
`discovery and deposition designations).
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`January 19, 2023
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`Parties shall file responses to dispositive motions and Daubert
`motions.
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`January 26, 2023
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`February 2, 2023
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`February 16, 2023
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`February 23, 2023
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`March 6, 2023
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`March 9, 2023
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`April 3, 2023
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`Parties shall file replies in support of dispositive motions and Daubert
`motions. Serve objections to rebuttal disclosures and file motions in
`limine.
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibit lists, witness lists, discovery and deposition designations); file
`oppositions to motions in limine.
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`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.
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`identifying remaining objections
`joint notice
`File
`disclosures and disputes on motions in limine.
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`to pretrial
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`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`Estimated trial date (actual jury selection/trial date to be set at the
`conclusion of the Markman hearing)
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`ORDERED this ____ day of October, 2021.
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`__________________________________
`THE HONORABLE ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4
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`Epic Games Ex. 1013
`Page 4
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