Case 6:21-cv-00916-ADA Document 29 Filed 01/28/22 Page 1 of 4
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`Case No. 6:21-cv-00916-ADA
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`RFCYBER CORP,
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`v.
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`APPLE INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Defendant.
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`SCHEDULING ORDER
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`Pursuant to the Court’s Standing Order Governing Proceedings in Patent Cases, and
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`the Court’s email extending all deadlines by two weeks, the Parties presented a disputed
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`scheduling order.
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`The Court will adopt RFCyber's proposal and ORDERS that the following schedule
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`will govern deadlines up to and including the trial of this matter:
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`Deadline
`December 21,
`2021
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`January 25,
`2021
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`Event
`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.
`The Parties shall submit an agreed Scheduling Order. If the parties cannot
`agree, the parties shall submit a separate Joint Motion for entry of
`Scheduling Order briefly setting forth their respective positions on items
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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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`RFCyber's Exhibit No. 2004, IPR2022-00413
`Page 001
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`Case 6:21-cv-00916-ADA Document 29 Filed 01/28/22 Page 2 of 4
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`Deadline
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`Event
`where they cannot agree. Absent agreement of the parties, the Plaintiff
`shall be responsible for the timely submission of this and other Joint
`filings.
`March 1, 2022 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.
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`Parties exchange proposed claim constructions.
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`March 15,
`2022
`March 29,
`2022
`April 5, 2022
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`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.
`April 12, 2022 Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`April 19, 2022 Defendant files Opening claim construction brief, including any arguments
`that any claim terms are indefinite.
`May 10, 2022 Plaintiff files Responsive claim construction brief.
`May 24, 2022 Defendant files Reply claim construction brief.
`June 7, 2022
`Plaintiff files a Sur-Reply claim construction brief.
`June 10, 2022 Parties submit Joint Claim Construction Statement.
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`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`June 11, 2022 Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).
`June 21, 2022 Markman Hearing at 9:00 a.m. This date is a placeholder and the Court
`may adjust this date as the Markman hearing approaches.
`June 22, 2022 Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`August 2,
`Deadline to add parties.
`2022
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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.
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`2
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`RFCyber's Exhibit No. 2004, IPR2022-00413
`Page 002
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`Case 6:21-cv-00916-ADA Document 29 Filed 01/28/22 Page 3 of 4
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`Event
`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.
`Close of Fact Discovery
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`Close of Expert Discovery.
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`Deadline
`August 16,
`2022
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`October 11,
`2022
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`December 20,
`2022
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`January 17,
`2023
`January 24 ,
`2023
`February 21,
`2023
`March 14,
`2023
`March 21,
`2023
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`March 28,
`2023
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`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.
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`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`April 11, 2023 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`April 25, 2023 Serve objections to pretrial disclosures/rebuttal disclosures.
`May 2, 2023
`Serve objections to rebuttal disclosures; file Motions in limine.
`May 9, 2023
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations); file
`oppositions to motions in limine.
`May 16, 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
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`3
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`RFCyber's Exhibit No. 2004, IPR2022-00413
`Page 003
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`Case 6:21-cv-00916-ADA Document 29 Filed 01/28/22 Page 4 of 4
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`Deadline
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`Event
`Deadline to meet and confer regarding remaining objections and disputes
`on motions in limine.
`April 25, 2023 Parties email the Court’s law clerk to confirm pretrial and trial dates.
`May 24, 2023 File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in limine.
`May 30, 2023 Final Pretrial Conference.
`June 20, 20233 Jury Selection/Trial.
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`SIGNED this 28th day of January, 2022.
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`3 If the actual trial date materially differs from the Court’s default schedule, the Court will consider reasonable
`amendments to the case schedule post-Markman that are consistent with the Court’s default deadlines in light of the
`actual trial date.
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`4
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`RFCyber's Exhibit No. 2004, IPR2022-00413
`Page 004
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