Case 6:21-cv-01071-ADA Document 36 Filed 04/27/22 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE WESTERN DISTRICT OF TEXAS
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`WACO DIVISION
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`SCRAMOGE TECHNOLOGY LTD.,
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`Plaintiff,
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`Case No. 6:21-cv-902-ADA
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`v.
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`JURY TRIAL DEMANDED
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
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`Defendants.
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`SCRAMOGE TECHNOLOGY LTD.,
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`Plaintiff,
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`Case No. 6:21-cv-1071-ADA
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`v.
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`APPLE INC.
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`Defendant.
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`SCRAMOGE TECHNOLOGY LTD.,
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`Case No. 6:21-cv-1138-ADA
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`v.
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`GOOGLE LLC,
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`Defendant.
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`JURY TRIAL DEMANDED
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`1
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`Scramoge Technology Ltd.
`Ex. 2002 - Page 1
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`Case 6:21-cv-01071-ADA Document 36 Filed 04/27/22 Page 2 of 5
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`SCHEDULING ORDER
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
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`following schedule will govern deadlines up to and including the trial of this matter.1 The parties
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`are reminded to abide by additional deadlines in the latest OGP.
`Deadline
`Item
`Plaintiff serves preliminary 2 infringement contentions in the
`January 28, 2022
`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 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.
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`February 18, 2022
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`April 7, 2022
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`April 21, 2022
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`1 The parties also anticipate engaging in transfer motion briefing and venue discovery, similar to
`that in Scramoge Technology Limited v. Apple Inc., Civil Action No. WDTX-6-21-cv-00579;
`Scramoge, Ltd. v. Samsung Electronics Co., Ltd. et al, Civil Action No. WDTX-6-21-cv-00454;
`and Scramoge Technology Limited v. Google, LLC, Civil Action No. WDTX-6-21-cv-00616.
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`2 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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`2
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`Scramoge Technology Ltd.
`Ex. 2002 - Page 2
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`Case 6:21-cv-01071-ADA Document 36 Filed 04/27/22 Page 3 of 5
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`May 5, 2022
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`Parties exchange proposed claim constructions.
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`May 12, 2022
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`May 19, 2022
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`May 26, 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. 3 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.
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`June 16, 2022
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`Plaintiff files Responsive claim construction brief.
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`June 30, 2022
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`Defendant files Reply claim construction brief.
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`July 14, 2022
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`Plaintiff files a Sur-Reply claim construction brief.
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`July 19, 2022
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`Parties
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`submit
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`Joint Claim Construction Statement.
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`July 21, 2022
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`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).
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`August 3, 2022
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`Markman Hearing at 10:00 a.m.
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`1 business day
`after Markman
`hearing
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
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`September 8, 2022
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`Deadline to add parties.
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`September 22, 2022
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`Invalidity
`Infringement and
`to serve Final
`Deadline
`Contentions. After this date, leave of Court is required for any
`to
`infringement or
`amendment
`invalidity contentions.
`This deadline does not relieve the parties of their obligation to
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`3 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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`3
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`Scramoge Technology Ltd.
`Ex. 2002 - Page 3
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`Case 6:21-cv-01071-ADA Document 36 Filed 04/27/22 Page 4 of 5
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`November 17, 2022
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`January 26, 2023
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`February 23, 2023
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`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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`March 2, 2023
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`Opening Expert Reports.
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`March 30, 2023
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`Rebuttal Expert Reports.
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`April 20, 2023
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`Close of Expert Discovery.
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`April 27, 2023
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`May 4, 2023
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`May 18, 2023
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`June 1, 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).
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
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`June 8, 2023
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`Serve objections to rebuttal disclosures; file Motions in limine.
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`June 15, 2023
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`June 22, 2023
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`File Joint Pretrial Order and Pretrial Submissions (jury
`lists, witness
`lists, discovery and
`instructions, exhibits
`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
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`4
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`Scramoge Technology Ltd.
`Ex. 2002 - Page 4
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`Case 6:21-cv-01071-ADA Document 36 Filed 04/27/22 Page 5 of 5
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`June 8, 2023
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`July 10, 2023
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`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
`Parties email the Court’s law clerk to confirm pretrial and trial
`dates
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`July 13, 2023
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`Final Pretrial Conference.
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`July 31, 2023
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`Jury Selection/Trial.
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`SIGNED this 27th day of April, 2022.
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`________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`5
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`Scramoge Technology Ltd.
`Ex. 2002 - Page 5
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