Case 6:21-cv-00347-ADA Document 37 Filed 11/08/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`v.
`
`AMPEREX TECHNOLOGY LIMITED,
`
`Defendant.
`
`CIVIL ACTION NO. 6:21-cv-347-ADA
`
`JURY TRIAL DEMANDED
`
`AMENDED SCHEDULING ORDER
`
`Original Deadline Amended Deadline
`
`Event
`
`September 10, 2021 As soon as Defendant
`is able to do so in
`compliance with
`China’s Data Security
`Law.
`November 5, 2021
`
`October 15, 2021
`
`September 24, 2021 November 12, 2021
`November 19, 2021
`October 29, 2021
`
`October 8, 2021
`October 15, 2021
`
`November 30, 2021
`December 7, 2021
`
`Defendant shall produce technical documents,
`including software where applicable, sufficient
`to show the operation of the accused product(s).
`
`Plaintiff files response to Defendant’s Motion to
`Dismiss/Transfer/Stay
`Parties exchange claim terms for construction.
`Defendant files reply in support of its Motion to
`Dismiss/Transfer/Stay
`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 identify the scope of
`the topics for the witness’s expected testimony.1
`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.
`
`1 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other party.
`1
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`Scramoge Technology Ltd.
`Ex. 2007 - Page 1
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`

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`Case 6:21-cv-00347-ADA Document 37 Filed 11/08/21 Page 2 of 4
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`Original Deadline Amended Deadline
`
`Event
`
`October 22, 2021
`
`December 13, 2021
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`October 29, 2021
`
`December 17, 2021
`
`November 19, 2021 January 3, 2022
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`December 10, 2021
`January 3, 2022
`
`January 18, 2022
`January 31, 2022
`
`January 6, 2022
`
`February 3, 2022
`
`January 7, 2022
`
`February 4, 2022
`
`January 18, 2022
`January 19, 2022
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`February 14, 2022
`February 15, 2022
`
`March 1, 2022
`March 15, 2022
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`March 28, 2022
`April 11, 2022
`
`May 10, 2022
`
`June 6, 2022
`
`July 19, 2022
`
`August 8, 2022
`
`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).2
`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.
`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.
`
`2 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.
`
`2
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`Scramoge Technology Ltd.
`Ex. 2007 - Page 2
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`

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`Case 6:21-cv-00347-ADA Document 37 Filed 11/08/21 Page 3 of 4
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`Original Deadline Amended Deadline
`
`Event
`
`September 2, 2022
`August 16, 2022
`September 9, 2022
`August 23, 2022
`September 20, 2022 October 7, 2022
`October 11, 2022
`October 21, 2022
`October 18, 2022
`October 28, 2022
`
`October 25, 2022
`
`November 4, 2022
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`November 8, 2022 November 18, 2022
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`November 29, 2022 December 2, 2022
`
`December 13, 2022
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`December 13, 2022 December 16, 2022
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`December 20, 2022 December 23, 2022
`
`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 #9 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.
`Parties email the Court’s law clerk to confirm
`pretrial and trial dates.
`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.
`
`3
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`Scramoge Technology Ltd.
`Ex. 2007 - Page 3
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`Case 6:21-cv-00347-ADA Document 37 Filed 11/08/21 Page 4 of 4
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`Original Deadline Amended Deadline
`
`Event
`
`January 3, 2023
`
`January 3, 2023
`
`January 12, 2023
`
`January 12, 2023
`
`January 17, 2023
`February 7, 2023
`
`January 17, 2023
`February 7, 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.
`File joint notice identifying remaining
`objections to pretrial disclosures and disputes on
`motions in limine.
`Final Pretrial Conference.
`Jury Selection/Trial.
`
`Signed this 8th day of November, 2021
`
`___________________________________
`HONORABLE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
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`Scramoge Technology Ltd.
`Ex. 2007 - Page 4
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