`From:
`Sent:
`To:
`
`Subject:
`
`Peter Tong <Peter_Tong@txwd.uscourts.gov>
`Thursday, February 10, 2022 5:44 PM
`Tony Nguyen; Ben.Roxborough@klgates.com; Benjamin C. Elacqua; bstevens@wscllp.com; Betty Chen; DK.Kim@klgates.com;
`Eda Stark; Beth.Gilman@klgates.com; george.summerfield@klgates.com; hcannom@wscllp.com; steve.ravel@kellyhart.com;
`Jim.Shimota@klgates.com; jonah.heemstra@klgates.com; Joy Kete; Kate Quisenberry; kelly.ransom@kellyhart.com; Seth Sproul;
`stewart.mesher@klgates.com; Ben.Roxborough@klgates.com; dpekarekkrohn@perkinscoie.com; DK.Kim@klgates.com;
`Beth.Gilman@klgates.com; george.summerfield@klgates.com; Jim.Shimota@klgates.com; jonah.heemstra@klgates.com;
`jvillarreal@perkinscoie.com; mmoffa@perkinscoie.com; stewart.mesher@klgates.com; wmccabe@perkinscoie.com
`CPC v. Apple; CPC v. HMD - Markman Follow Up Schedule
`
`[This email originated outside of F&R.]
`
`Counsel for CPC, Apple, and HMD:
`
`The Court will construe all disputed means plus function terms in their cases if the parties cannot agree on their construction.
`
`The parties in each case are ordered to meet and confer regarding expediting the schedule for narrowing the claims and prior art and scheduling a second
`Markman hearing if needed. The parties are further ordered to file a joint motion for a modified scheduling order within one week. Of course, if the parties do
`not dispute any other means plus function claims, then these orders do not apply.
`
`The Court typically gives 10 hours per side at trial. The Court strongly encourages the parties to drop redundant claims and prior art. To discourage the parties
`from needlessly preserving cumulative claims or prior art, the Court will require each party’s expert to walk through every remaining asserted claim or prior art
`at trial.
`
`The Court suggests the following default schedule:
`
`Date
`February 28,
`2022
`Two weeks after
`the Final
`Contention
`Deadline
`
`Event
`Deadline for the first of three meet and confers to discuss significantly
`narrowing the number of claims and asserted prior art references at issue.
`Deadline for the second of three meet and confers to discuss significantly
`narrowing the number of claims and asserted prior art references at issue.
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`1
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`IPR2022-00601
`Apple EX1078 Page 1
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`July 13, 2022
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`July 20, 2022
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`July 20, 2022
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`August 1, 2022
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`Final deadline to narrow the number of claims and asserted prior art
`references at issue. Any preserved claim or prior art must be asserted at
`trial.
`Parties to file updated status report and email the clerks if remaining
`means plus function claims require construction.
`Markman briefs due on any remaining disputed means plus function
`terms. Page limit of 1 page per disputed term. Parties to email the clerks
`to confirm Markman date. One round of briefing only.
`Markman hearing at 9 am.
`
`Peter Tong
`Law Clerk to the
`Honorable Alan D Albright
`U.S. District Court
`Western District of Texas
`Office: 254‐750‐1518
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`2
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`IPR2022-00601
`Apple EX1078 Page 2
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