IN THE UNITED STATES DISTRICT
`COURT FOR THE WESTERN DISTRICT
`OF TEXAS WACO DIVISION
`
`(cid:41)(cid:44)(cid:47)(cid:40)(cid:39)
`June 08, 2021
`(cid:38)(cid:47)(cid:40)(cid:53)(cid:46)(cid:15)(cid:3)(cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55)(cid:3)
`(cid:58)(cid:40)(cid:54)(cid:55)(cid:40)(cid:53)(cid:49)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:55)(cid:40)(cid:59)(cid:36)(cid:54)(cid:3)
`J. Galindo-Beaver
`(cid:37)(cid:60)(cid:29)(cid:3)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)
`(cid:39)(cid:40)(cid:51)(cid:56)(cid:55)(cid:60)(cid:3)
`
`(cid:36)(cid:48)(cid:40)(cid:49)(cid:39)(cid:40)(cid:39)(cid:3)STANDING ORDER REGARDING MOTION FOR INTER-DISTRICT
`TRANSFER
`Henceforth, all parties who have filed motion(s) for inter-district transfer are required to
`
`provide the Court with a status report with respect to whether the motion(s) has been fully briefed and
`
`ready for resolution no later than six weeks prior to the date of the Markman hearing 1 that is
`
`scheduled in that case.
`
`With respect to any parties who have such motion(s) pending at the time of the entry of this
`
`Standing Order and a Markman hearing scheduled for a date that is less than 6 weeks from the date
`
`of the entry of this Order, the Court ORDERS the party who has filed the motion to provide the
`
`same status report as quickly as is reasonable, but in no case more than five business days after the
`
`entry of this Order.
`
`When there is a pending inter-district transfer, the Court will either promptly enter an order
`
`resolving the pending motion(s) prior to the Markman hearing or it will postpone the Markman
`
`hearing until it has had the opportunity to do so. The Court will not conduct a Markman hearing
`
`until it has resolved the pending motion to transfer. Whenever a Markman hearing is postponed
`
`pursuant to this Order, Fact Discovery will begin one day after the originally scheduled Markman
`
`Hearing date.
`
`A motion for inter-district transfer may be filed within eight weeks of the scheduled date for
`
`the Markman hearing only with a showing of good cause for any delay and leave of court.
`
`1 To the extent there are multiple Markman hearings, the status report is due six weeks before the first scheduled
`Markman hearing.
`
`Epic Games Ex. 1015
`Page 1
`
`

`

`SIGNED this 8th day of June, 2021.
`
`__________________________________
`__________________________________
`ALAN D ALBRIGHT
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`UNITED STATES DISTRICT JUDGE
`
`Epic Games Ex. 1015
`Page 2
`
`

`

`(cid:41)(cid:44)(cid:47)(cid:40)(cid:39)
`June 16, 2021
`(cid:38)(cid:47)(cid:40)(cid:53)(cid:46)(cid:15)(cid:3)(cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55)(cid:3)
`(cid:58)(cid:40)(cid:54)(cid:55)(cid:40)(cid:53)(cid:49)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:55)(cid:40)(cid:59)(cid:36)(cid:54)(cid:3)
`J. Galindo-Beaver
`(cid:37)(cid:60)(cid:29)(cid:3)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)
`(cid:39)(cid:40)(cid:51)(cid:56)(cid:55)(cid:60)(cid:3)
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`(cid:36)(cid:48)(cid:40)(cid:49)(cid:39)(cid:40)(cid:39)(cid:3)STANDING ORDER REGARDING
`NOTICE OF READINESS FOR PATENT CASES
`
`In all patent cases pending before the undersigned, the Parties are directed to jointly file
`
`the Case Readiness Status Report (“CRSR”) in the format attached as Exhibit A: (a) within seven
`
`(7) days after the defendant (or at least one defendant among a group of related defendants sued
`
`together) has responded to the initial pleadings in cases where there are no CRSR Related Cases
`
`as defined below1, or (b) when there are CRSR Related Cases, within seven (7) days after the last
`
`defendant (or last defendant group when at least one defendant among the group has responded)
`
`among the CRSR Related Cases has responded to the initial pleadings. The CRSR shall be filed
`
`in each case and, with regard to CRSR Related Cases, it shall identify all other CRSR Related
`
`Cases.
`
`The Parties are directed to meet and confer before jointly filling the CRSR. Plaintiff shall
`
`be responsible for ensuring the prompt filing of the CRSR. Plaintiff shall also email the Court
`
`(TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov) a courtesy copy of the CRSR and
`
`shall also copy the Defendant(s). If the parties have any pre-Markman issues in need of
`
`resolution, the parties are directed to email the Court a joint submission of the parties’ positions
`
`after filing the CRSR so the Court can consider whether to hold a telephonic hearing to resolve
`
`these issues.
`
`Once the CRSR has been filed, the Case Management Conference (“CMC”) shall be
`
`deemed to occur fourteen (14) days after the filing date of the CRSR. With regard to CRSR
`
`1 For purposes of this Order, cases shall be considered CRSR Related Cases when: (1) they are filed
`within thirty (30) days after the first case is filed, and (2) they share at least one common asserted patent.
`
`VERSION 2.2
`
`Epic Games Ex. 1015
`Page 3
`
`

`

`Related Cases, if the CRSRs are not all submitted on the same date, the CMC shall be deemed to
`
`occur fourteen (14) days after the last CRSR in those CRSR Related Cases is filed. The Court
`
`intends to coordinate the CRSR Related Cases on the same schedule with a single Markman
`
`hearing, so the parties should plan accordingly. In all cases, the Markman hearing shall be initially
`
`scheduled for twenty-three (23) weeks after the CMC and should be included in the parties’
`
`proposed Scheduling Order in accordance with the Court’s Order Governing Proceedings.
`
`This Order shall apply to all cases where the CRSR has not already been filed as of the date
`
`of this Order. In any case where the parties have submitted their CRSR before the date of this
`
`Order but have not received an order setting their CMC, the CMC for that case (or cases) will be
`
`deemed to occur fourteen (14) days after the date of this Order. To the extent that the CRSR in a
`
`case (or related cases) is overdue pursuant to this Order, the parties are directed to file the CRSR
`
`within seven (7) days after the date of this Order. If after entry of this Order there are any cases
`
`awaiting a CMC where the CMC will not be set by operation of this Order, the parties should
`
`contact the Court for guidance.
`
`If any party believes that the operation of this Order will cause undue prejudice, that party
`
`may contact the Court to seek appropriate relief.
`
`SIGNED this 1(cid:25)th day of June, 2021.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`VERSION 2.2
`
`Epic Games Ex. 1015
`Page 4
`
`

`

`Exhibit A
`
`VERSION 2.2
`
`Epic Games Ex. 1015
`Page 5
`
`

`

`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`[Plaintiff],
`
`[Defendant],
`
`Plaintiff
`
`v.
`
`Defendant
`
`Case No. 6:21-cv-00000-ADA
`
`JURY TRIAL DEMANDED
`
`CASE READINESS STATUS REPORT
`
`Plaintiff [names] and Defendant [name(s)], hereby provide the following status report.
`
`FILING AND EXTENSIONS
`
`Plaintiff’s Complaint was filed on [filing date]. There have been [one/two] extension[s]
`
`for a total of __ days.
`
`RESPONSE TO THE COMPLAINT
`[Indicate if/when the defendant(s) responded to the Complaint, whether it was an Answer or
`
`Motion, and whether any counterclaims were filed other than counterclaims for non-infringement
`
`or invalidity]
`
`PENDING MOTIONS
`
`[Identify all pending motions]
`RELATED CASES IN THIS JUDICIAL DISTRICT
`
`[Identify all related cases in this Judicial District, including any other cases where a
`common patent is asserted]
`IPR, CBM, AND OTHER PGR FILINGS
`[There are no known IPR, CBM, or other PGR filings.] [Or]
`
`VERSION 2.2
`
`Epic Games Ex. 1015
`Page 6
`
`

`

`ALT: IPR2021-00000 was filed on ____ and docketed on ____. An institution decision is
`expected on or before ___. A Final Written decision is expected on or before _____.]
`NUMBER OF ASSERTED PATENTS AND CLAIMS
`Plaintiff has asserted [Num Patents] patent[s] and a total of [Num Claims] claims. The
`asserted patent(s) are U.S. Patent Nos. ____.
`[If a Plaintiff has already served Preliminary Infringement Contentions (“PICs”), note the date of
`service. Note: Per the Court’s Order Governing Proceeding, Plaintiff must serve PICs no later
`than 7 days before the CMC]
`APPOINTMENT OF TECHNICAL ADVISER
`[Indicate whether the parties request a technical adviser to be appointed to the case to assist the
`Court with claim construction or other technical issues]
`MEET AND CONFER STATUS
`Plaintiff and Defendant met and conferred. [The parties have no pre-Markman issues to
`raise at the CMC.] or [The parties identified the following pre-Markman issues to raise at the CMC
`[list].
`
`Dated: ___________
`
`Respectfully Submitted
`
`/s/
`
`VERSION 2.2
`
`Epic Games Ex. 1015
`Page 7
`
`

`

`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`(cid:41)(cid:44)(cid:47)(cid:40)(cid:39)
`June 08, 2021
`(cid:38)(cid:47)(cid:40)(cid:53)(cid:46)(cid:15)(cid:3)(cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55)(cid:3)
`(cid:58)(cid:40)(cid:54)(cid:55)(cid:40)(cid:53)(cid:49)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:55)(cid:40)(cid:59)(cid:36)(cid:54)(cid:3)
`J. Galindo-Beaver
`(cid:37)(cid:60)(cid:29)(cid:3)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)
`(cid:39)(cid:40)(cid:51)(cid:56)(cid:55)(cid:60)(cid:3)
`
`AMENDED STANDING ORDER REGARDING
`VENUE AND JURISDICTIONAL DISCOVERY LIMITS FOR PATENT CASES
`
`The Court hereby establishes presumptive limits on discovery related to venue and
`
`jurisdiction in patent cases. More specifically, each party is limited to 5 interrogatories, 10
`
`Requests for Production, and 10 hours of deposition testimony. The time to respond to such
`
`discovery requests is reduced to twenty (20) days. To the extent a party believes these limits
`
`should be expanded in a particular case, the party is directed to meet and confer with opposing
`
`counsel and if an impasse is reached, the requesting party is directed to contact the Court for a
`
`telephonic hearing.
`
`The Court ORDERS that any venue or jurisdictional discovery shall be completed no
`
`later than three months after the filing of the initial motion. The deadline for Plaintiffs response
`
`is two weeks after the completion of venue or jurisdictional discovery. The deadline for
`
`Defendant’s reply is two weeks after the filing of the response. This Order replaces the Standing
`
`Order Regarding Venue and Jurisdictional Discovery Limits for Patent Cases entered
`
`November 19, 2020.
`
`SIGNED this (cid:27)th day of June, 2021.
`
`__________________________________
`_______________________________________________
`ALAN D ALBRIGHT
`ALAN D ALBRIRIRIRRIRIRRRR GHGGHGHGHT
`UNITED STATES DISTRICT JUDGE
`UNITED STATES DISTRICT JUDGE
`
`Epic Games Ex. 1015
`Page 8
`
`

`

`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`(cid:41)(cid:44)(cid:47)(cid:40)(cid:39)
`June 24, 2021
`(cid:38)(cid:47)(cid:40)(cid:53)(cid:46)(cid:15)(cid:3)(cid:56)(cid:17)(cid:54)(cid:17)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:38)(cid:50)(cid:56)(cid:53)(cid:55)(cid:3)
`(cid:58)(cid:40)(cid:54)(cid:55)(cid:40)(cid:53)(cid:49)(cid:3)(cid:39)(cid:44)(cid:54)(cid:55)(cid:53)(cid:44)(cid:38)(cid:55)(cid:3)(cid:50)(cid:41)(cid:3)(cid:55)(cid:40)(cid:59)(cid:36)(cid:54)(cid:3)
`J. Galindo-Beaver
`(cid:37)(cid:60)(cid:29)(cid:3)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)(cid:66)
`(cid:39)(cid:40)(cid:51)(cid:56)(cid:55)(cid:60)(cid:3)
`
`CIVIL ACTION NO.
`JUDGE ALBRIGHT
`
`§§§§§§§§§§
`
`[Plaintiff],
`
`v.
`
`[Defendant].
`
`ORDER GOVERNING PROCEEDINGS – PATENT CASE
`
`This Order shall govern proceedings in this case. The following deadlines are hereby set:
`
`1. This case is SET for a Rule 16 Case Management Conference in accordance with the
`Court’s Standing Order Regarding Notice of Readiness in Patent Cases.
`
`2.
`
`3.
`
`4.
`
`(Not later than 7 days before the CMC). Plaintiff shall serve 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 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.
`
`(Two weeks after the CMC). 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.
`
`(Seven weeks after the CMC). 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
`
`1 To the extent it may promote early resolution, the Court encourages the parties to exchange license and
`sales information, but any such exchange is optional during the pre-Markman phase of the case.
`
`OGP Version 3.4
`
`1
`
`Epic Games Ex. 1015
`Page 9
`
`

`

`DISCOVERY
`
`Except with regard to venue, jurisdictional, and claim construction-related discovery, all other
`discovery is stayed until after the Markman hearing. Notwithstanding this general stay of
`discovery, the Court will permit limited discovery by agreement of the parties, or upon request,
`where exceptional circumstances warrant. For example, if discovery outside the United States is
`contemplated, the Court will be inclined to allow such discovery to commence before the
`Markman hearing.
`
`Following the Markman hearing, the following discovery limits will apply to this case. The
`Court will consider reasonable requests to adjust these limits should circumstances warrant.
`
`Interrogatories: 30 per side2
`1.
`2. Requests for Admission: 45 per side
`3. Requests for Production: 75 per side
`4. Fact Depositions: 70 hours per side (for both party and non-party witnesses combined)
`5. Expert Depositions: 7 hours per report3
`
`Electronically Stored Information. As a preliminary matter, the Court will not require general
`search and production of email or other electronically stored information (ESI), absent a showing
`of good cause. If a party believes targeted email/ESI discovery is necessary, it shall propose a
`procedure identifying custodians and search terms it believes the opposing party should search.
`The opposing party can oppose, or propose an alternate plan. If the parties cannot agree, they
`shall contact chambers to schedule a call with the Court to discuss their respective positions.
`
`DISCOVERY DISPUTES
`
`A party may not file a Motion to Compel discovery unless: (1) lead counsel have met and
`conferred in good faith to try to resolve the dispute, and (2) the party has contacted the Court’s
`law clerk (with opposing counsel) to arrange a telephone conference with the Court to
`summarize the dispute and the parties respective positions. After the parties have met and
`conferred, they should submit a chart that summarizes the issue(s) in dispute along with the
`parties’ respective positions and specific relief requested. After hearing from the parties, the
`Court will determine if further briefing is required. The prevailing party in all discovery
`hearings shall submit a proposed order to the Court that briefly summarizes the nature of the
`
`2 A “side” shall mean the plaintiff (or related plaintiffs suing together) on the one hand, and the defendant
`(or related defendants sued together) on the other hand. In the event that the Court consolidates related
`cases for pretrial purposes, with regard to calculating limits imposed by this Order, a “side” shall be
`interpreted as if the cases were proceeding individually. For example, in consolidated cases the plaintiff
`may serve up to 30 interrogatories on each defendant, and each defendant may serve up to 30
`interrogatories on the plaintiff.
`3 For example, if a single technical expert submits reports on both infringement and invalidity, he or she
`may be deposed for up to 14 hours in total.
`
`OGP Version 3.4
`
`2
`
`Epic Games Ex. 1015
`Page 10
`
`

`

`dispute along with the parties’ understanding of the Court’s ruling per the Court’s Standing
`Order on Discovery Hearings.
`
`PROTECTIVE ORDER
`
`Pending entry of the final Protective Order, the Court issues the following interim Protective
`Order to govern the disclosure of confidential information in this matter:
`
`If any document or information produced in this matter is deemed confidential by the
`producing party and if the Court has not entered a protective order, until a protective
`order is issued by the Court, the document shall be marked “confidential” or with some
`other confidential designation (such as “Confidential – Outside Attorneys Eyes Only”) by
`the disclosing party and disclosure of the confidential document or information shall be
`limited to each party’s outside attorney(s) of record and the employees of such outside
`attorney(s).
`
`If a party is not represented by an outside attorney, disclosure of the confidential
`document or information shall be limited to one designated “in house” attorney, whose
`identity and job functions shall be disclosed to the producing party 5 days prior to any
`such disclosure, in order to permit any motion for protective order or other relief
`regarding such disclosure. The person(s) to whom disclosure of a confidential document
`or information is made under this local rule shall keep it confidential and use it only for
`purposes of litigating the case.
`
`CLAIM CONSTRUCTION ISSUES
`
`Terms for Construction. Based on the Court’s experience, the Court believes that it should
`have presumed limits on the number of claim terms to be construed. The “presumed limit” is the
`maximum number of terms that each side may request the Court to construe without further
`leave of Court. If the Court grants leave for the additional terms to be construed, depending on
`the complexity and number of terms, the Court may split the Markman hearing into multiple
`hearings.
`
`The presumed limits based on the number of patents-in-suit are as follows:
`
`Limits for Number of Claim Terms to be Construed
`
`1-2 Patents
`8 terms
`
`3-5 Patents
`10 terms
`
`More than 5 Patents
`12 terms
`
`When the parties submit their joint claim construction statement, in addition to the term and the
`parties’ proposed constructions, the parties should indicate which party or side proposed that
`term, or if that was a joint proposal.
`
`Claim Construction Briefing. The Court will require non-simultaneous claim construction
`briefing with the following default page limits; however, where exceptional circumstances
`
`OGP Version 3.4
`
`3
`
`Epic Games Ex. 1015
`Page 11
`
`

`

`warrant, the Court will consider reasonable requests to adjust these limits.4 These page limits
`shall also apply collectively for coordinated and consolidated cases; however, the Court will
`consider reasonable requests to adjust page limits in consolidated cases where circumstances
`warrant. In addition, the Court is very familiar with the law of claim construction and
`encourages the parties to forego lengthy recitations of the underlying legal authorities and
`instead focus on the substantive issues unique to each case.
`
`Unless otherwise agreed to by the parties, the default order of terms in the parties’ briefs shall be
`based on 1) the patent number (lowest to highest), the claim number (lowest to highest), and
`order of appearance within the lowest number patent and claim. An example order may be as
`follows:
`
`1. 10,000,000 Patent, Claim 1, Term 1
`2. 10,000,000 Patent, Claim 1, Term 2 (where Term 2 appears later in the claim than does
`Term 1)
`3. 10,000,000 Patent, Claim 2, Term 3 (where Term 3 appears later in the claim than does
`Terms 2 and 3)
`4. 10,000,001 Patent, Claim 1, Term 4
`5. 10,000,001 Patent, Claim 3, Term 5
`6. 10,000,002 Patent, Claim 2, Term 6
`
`To the extent that the same or similar terms appear in multiple claims, those same or similar
`terms should be ordered according to the lowest patent number, lowest claim number, and order
`of appearance within the patent and claim.
`
`Page Limits for Markman Briefs
`
`1-2 Patents
`20 pages
`
`3-5 Patents
`30 pages
`
`20 pages
`
`30 pages
`
`10 pages
`
`15 pages
`
`Brief
`Opening
`(Defendant)
`
`Response
`(Plaintiff)
`
`Reply
`(Defendant)
`
`More than 5 Patents
`30 pages, plus 5
`additional pages for
`each patent over 5 up
`to a maximum of 45
`pages
`30 pages, plus 5
`additional pages for
`each patent over 5 up
`to a maximum of 45
`pages
`15 pages, plus 2
`additional pages for
`each patent over 5 up
`to a maximum of 21
`pages
`
`4 This OGP version shall apply retroactively to the Markman briefing in patent cases that are, as of the
`date of this order, at least thirty (30) days before the filing of the opening Markman brief.
`
`OGP Version 3.4
`
`4
`
`Epic Games Ex. 1015
`Page 12
`
`

`

`Sur-Reply
`(Plaintiff)
`
`10 pages
`
`15 pages
`
`15 pages, plus 2
`additional pages for
`each patent over 5 up
`to a maximum of 21
`pages
`
`Technology Tutorials and Conduct of the Markman Hearing
`
`Technology tutorials are optional, especially in cases where a technical advisor has been
`appointed. If the parties choose to submit one, the tutorial should be in electronic form, with
`voiceovers, and submitted at least 10 days before the Markman hearing. In general, tutorials
`should be: (1) directed to the underlying technology (rather than argument related to
`infringement or validity), and (2) limited to 15 minutes per side. The tutorial will not be part of
`the record and the Parties may not rely on or cite to the tutorial in other aspects of the litigation.
`
`The Court generally sets aside one half day for the Markman hearing; however, the Court is open
`to reserving more or less time, depending on the complexity of the case and input from the
`parties. As a general rule, the party opposing the Court’s preliminary construction shall go first.
`If both parties are unwilling to accept the Court’s preliminary construction, the Plaintiff shall
`typically go first.
`
`GENERAL ISSUES
`
`1. The Court will entertain reasonable requests to streamline the case schedule and discovery
`and encourages the parties to contact the Court’s law clerk (with opposing counsel) to
`arrange a call with the Court when such interaction might help streamline the case.
`
`2. To the extent the parties need to email the Court, the parties should use the following email
`address: TXWDml_LawClerks_JudgeAlbright@txwd.uscourts.gov.
`
`3. The Court is generally willing to extend the response to the Complaint up to 45 days if
`agreed by the parties. However, longer extensions are disfavored and will require good
`cause.
`
`4. Speaking objections during depositions are improper. Objections during depositions shall be
`stated concisely and in a nonargumentative and nonsuggestive manner. Examples of
`permissible objections include: “Objection, leading,” “Objection, compound,” “Objection,
`vague.” Other than to evaluate privilege issues, counsel should not confer with a witness
`while a question is pending. Counsel may confer with witnesses during breaks in a
`deposition without waiving any otherwise applicable privilege.
`
`5. Plaintiff must file a notice informing the Court when an IPR is filed, the expected time for an
`institution decision, and the expected time for a final written decision, within two weeks of
`the filing of the IPR.
`
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`6. With regard to any Motion to Transfer, the following page limits and briefing schedule shall
`apply:
`
`a. Opening – 15 pages
`b. Response – 15 pages, due 14 days after the Opening brief
`c. Reply – 5 pages, due 7 days after the Response brief
`
`7. After the trial date is set, the Court will not move the trial date except in extreme situations.
`To the extent a party believes that the circumstances warrant continuing the trial date, the
`parties are directed to contact the Court to request a telephonic hearing.
`
`8. The Court does not have a limit on the number of motions for summary judgment (MSJs);
`however, absent leave of Court, the cumulative page limit for Opening Briefs for all MSJs is
`40 pages per side.
`
`9. There may be instances where the submission of substantive briefs via audio file will be of
`help to the Court. If a party is contemplating submitting a brief via audio file it should
`contact the Court for guidance on whether it would be helpful to the Court. However, the
`Court has determined that audio recordings of Markman briefs are of limited value and those
`need not be submitted. The recordings shall be made in a neutral fashion, shall be verbatim
`transcriptions without additional colloquy (except that citations and legal authority sections
`need not be included), and each such file shall be served on opposing counsel. The Court
`does not have a preference for the manner of recording and has found automated software
`recordings, as well as attorney recordings, to be more than satisfactory. Audio files shall be
`submitted via USB drive, Box (not another cloud storage)5, or email to the law clerk (with a
`cc to opposing counsel) and should be submitted in mp3 format.
`
`10. For Markman briefs,6 summary judgment motions, and Daubert motions, each party shall
`deliver to Chambers one (1) paper copy of its Opening, Response, and Reply briefs, omitting
`attachments, at least 10 days before the hearing. Each party shall also provide an electronic
`copy of the briefs, exhibits, and the optional technology tutorial via cloud storage7 or USB
`drive. For Markman briefs, the parties should also include a (1) paper copy of all patents-in-
`suit and the Joint Claim Construction Statement. To the extent the Court appoints a technical
`adviser, each party shall deliver the same to the technical adviser, also 10 days before the
`hearing.
`
`5 The parties should contact the law clerk to request a Box link so that the party can directly upload the
`files to the Court’s Box account.
`6 But if the Court appoints a technical adviser for claim construction, the parties do not need to provide a
`copy of the Markman briefs to the Court.
`7 The parties should contact the law clerk to request a Box link so that the party can directly upload the
`files to the Court’s Box account. The filenames for any exhibits should be a description of the exhibit,
`e.g., “U.S. Patent No. 10,000,000” or “Prosecution history for 10,000,000 (January 20, 2020, Office
`Action).”
`
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`11. Unless the Court indicates otherwise, the following Zoom information shall be used for all
`non-private hearings. The public is allowed to attend non-private hearings.
`
`https://txwd-uscourts.zoomgov.com/j/16057076711?pwd=WHljN0h3Yk03K3JLUTZ2a0tTMitPZz09
`
`Meeting ID: 160 5707 6711
`Password: 873559
`One tap mobile: +16692545252,,16057076711#,,1#,873559#
`
`SIGNED this 24th day of June, 2021.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`OGP Version 3.4
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`APPENDIX A – DEFAULT SCHEDULE
`
`Deadline
`
`Item
`
`7 days before CMC
`
`2 weeks after CMC
`
`7 weeks after CMC
`
`Plaintiff serves preliminary8 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).
`
`9 weeks after CMC
`
`Parties exchange claim terms for construction.
`
`11 weeks after CMC
`
`Parties exchange proposed claim constructions.
`
`12 weeks after CMC
`
`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
`
`8 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.
`
`OGP Version 3.4
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`or indefiniteness. With respect to any expert identified, the
`parties shall identify the scope of the topics for the witness’s
`expected testimony.9 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 not indefinite.
`
`13 weeks after CMC
`
`14 weeks after CMC
`
`17 weeks after CMC
`
`Plaintiff files Responsive claim construction brief.
`
`19 weeks after CMC
`
`Defendant files Reply claim construction brief.
`
`21 weeks after CMC
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`3 business days after
`submission of sur-reply
`
`22 weeks after CMC (but
`at least 10 days before
`Markman hearing)
`
`23 weeks after CMC (or as
`soon as practicable)
`
`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 C