Case 6:21-cv-00528-ADA Document 27 Filed 09/11/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`BILLJCO, LLC
`
` Plaintiff,
`
` v.
`
`APPLE INC.,
`
` Defendant.
`
`Civil Action No. 6:21-cv-00528-ADA
`
`AGREED SCHEDULING ORDER
`
`Pursuant to Rule 16 of the Federal Rules of Civil Procedure and the Court’s June 24, 2021
`Standing Order Governing Proceedings-Patent Cases, the Court ORDERS that the following
`schedule will govern deadlines in this matter:
`DEADLINE
`August 16, 2021
`
`ITEM
`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.
`
`August 23, 2021
`
`Case Management Conference
`
`October 19, 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 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).
`
`October 26, 2021
`
`Parties exchange claim terms for construction.
`
`1
`
`Exhibit 1012
`IPR2022-00426
`Page 1 of 4
`
`

`

`Case 6:21-cv-00528-ADA Document 27 Filed 09/11/21 Page 2 of 4
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`November 9, 2021
`November 16, 2021
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`November 23, 2021
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`December 2, 2021
`
`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.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.
`
`December 30, 2021
`
`Plaintiff files Responsive claim construction brief.
`
`January 13, 2022
`
`January 27, 2022
`
`Defendant files Reply claim construction brief.
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`February 3, 2022
`
`Parties submit Joint Claim Construction Statement.
`
`February 1, 2022
`
`February 10, 2022
`
`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).
`
`Markman Hearing at 9:00 a.m. This date is a placeholder and
`the Court may adjust this date as the Markman hearing
`approaches.
`
`February 15, 2022
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`March 25, 2022
`
`Deadline to add parties.
`
`April 7, 2022
`
`Invalidity
`Infringement and
`to serve Final
`Deadline
`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.
`
`2
`
`Exhibit 1012
`IPR2022-00426
`Page 2 of 4
`
`

`

`Case 6:21-cv-00528-ADA Document 27 Filed 09/11/21 Page 3 of 4
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`June 2, 2022
`
`August 11, 2022
`
`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.
`
`September 8, 2022
`
`Close of Fact Discovery.
`
`September 15, 2022
`
`Opening Expert Reports.
`
`October 13, 2022
`
`Rebuttal Expert Reports.
`
`November 3, 2022
`
`Close of Expert Discovery.
`
`November 10, 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.
`
`November 17, 2022
`
`Dispositive motion deadline and Daubert motion deadline.
`
`December 1, 2022
`
`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).
`
`December 15, 2022
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`December 22, 2022
`
`Serve objections to rebuttal disclosures and File Motions in
`limine.
`
`January 9, 2023
`
`January 11, 2023
`
`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
`
`3
`
`Exhibit 1012
`IPR2022-00426
`Page 3 of 4
`
`

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`Case 6:21-cv-00528-ADA Document 27 Filed 09/11/21 Page 4 of 4
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`January 17, 2023
`
`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.
`
`January 20, 2023 (or as soon as
`practicable)
`
`Final Pretrial Conference. The Court expects to set this date at
`the conclusion of the Markman Hearing.
`
`February 13, 2023 (or as soon
`as practicable)
`
`Jury Selection/Trial. The Court expects to set these dates at the
`conclusion of the Markman Hearing.
`
`ORDERED this ______ day of _______, 2021.
`11th
`September
`
`________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`Exhibit 1012
`IPR2022-00426
`Page 4 of 4
`
`