Case 6:21-cv-00616-ADA Document 28 Filed 11/15/21 Page 1 of 4
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SCRAMOGE TECHNOLOGY LTD.,
`
`Plaintiff,
`
`Case No. 6:21-cv-00616-ADA
`
`JURY TRIAL DEMANDED
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`SCHEDULING ORDER
`
`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
`
`following schedule will govern deadlines up to and including the trial of this matter:
`
`Deadline
`September 7, 2021
`
`Item
`Plaintiff serves preliminary1 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.
`
`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.
`
`1
`
`Scramoge Technology Ltd.
`Ex. 2013 - Page 1
`
`

`

`Case 6:21-cv-00616-ADA Document 28 Filed 11/15/21 Page 2 of 4
`
`Deadline
`September 27, 2021
`
`November 12, 2021
`
`November 24, 2021
`December 8, 2021
`December 15, 2021
`
`December 21, 2021
`
`January 7, 2022
`
`January 28, 2022
`February 11, 2022
`
`Item
`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).
`Parties exchange claim terms for construction.
`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.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.
`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.
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`2
`
`Scramoge Technology Ltd.
`Ex. 2013 - Page 2
`
`

`

`Case 6:21-cv-00616-ADA Document 28 Filed 11/15/21 Page 3 of 4
`
`Deadline
`February 25, 2022
`February 28, 2022
`February 28, 2022
`
`March 8, 2022
`March 9, 2022
`
`April 5, 2022
`April 19, 2022
`
`June 14, 2022
`
`August 19, 2022
`
`September 13, 2022
`September 23, 2022
`October 28, 2022
`November 18, 2022
`November 22, 2022
`
`Initial
`
`to serve
`
`Item
`Plaintiff files a Sur-Reply claim construction brief.
`Parties submit Joint Claim Construction Statement.
`Parties submit optional technical tutorials to the Court
`and technical advisor (if appointed).
`Markman Hearing, 9:00 a.m.
`Fact Discovery opens; deadline
`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 the prior art references at issues. 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.
`
`3
`
`Scramoge Technology Ltd.
`Ex. 2013 - Page 3
`
`

`

`Case 6:21-cv-00616-ADA Document 28 Filed 11/15/21 Page 4 of 4
`
`Deadline
`December 6, 2022
`
`December 20, 2022
`
`January 10, 2023
`
`January 24, 2023
`
`February 7, 2023
`
`February 10, 2023
`
`3 business days before Final Pretrial
`Conference.
`
`February 20, 2023
`
`February 27, 2023
`
`to pretrial disclosures/rebuttal
`
`Item
`Dispositive motion deadline and Daubert motion
`deadline.
`Serve Pretrial Disclosures (jury instructions, exhibits
`lists, witness
`lists,
`discovery
`and
`deposition
`designations).
`Serve objections
`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
`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. The Court expects to set the
`Final Pretrial Conference within 2-4 weeks of the trial
`date. The Court expects to set this date at the conclusion
`of the Markman Hearing.
`Jury Selection/Trial.
`
`SIGNED this 15th day of November, 2021.
`
`________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`Scramoge Technology Ltd.
`Ex. 2013 - Page 4
`
`