`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CPC PATENT TECHNOLOGIES PTY LTD,
`
`
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
` Defendant.
`
`CPC PATENT TECHNOLOGIES PTY LTD,
`
`
`
`Plaintiff,
`
`v.
`
`HMD GLOBAL OY,
`
` Defendant.
`
`Case No. 6:21-cv-00165-ADA
`
`Case No.6:21-cv-00166-ADA
`
`SCHEDULING ORDER
`
`Pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court ORDERS that the
`
`following schedule will govern deadlines up to and including the trial of this matter:
`
`CPC EXHIBIT 2001
`Apple Inc. v. CPC Patent Technologies PTY Ltd.
`IPR2022-00602
`
`Page 1 of 5
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`
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`Case 6:21-cv-00166-ADA Document 27 Filed 09/23/21 Page 2 of 5
`
`Date
`
`August 4, 2021
`
`August 25, 2021
`
`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 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.
`
`September 29, 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 13, 2021
`
`Parties exchange claim terms for construction.
`
`October 27, 2021
`
`Parties exchange proposed claim constructions.
`
`November 3, 2021
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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
`
`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.
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`2
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`Page 2 of 5
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`
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`Case 6:21-cv-00166-ADA Document 27 Filed 09/23/21 Page 3 of 5
`
`Date
`
`Event
`
`production number or produce a copy of any such item if not previously
`produced.
`
`November 10, 2021 Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`
`November 17, 2021 Defendant files Opening claim construction brief, including any
`arguments that any claim terms are not indefinite.
`
`December 8, 2021
`
`Plaintiff files Responsive claim construction brief.
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`December 22, 2021 Defendant files Reply claim construction brief.
`
`January 5, 2022
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`January 10, 2022
`
`Parties submit Joint Claim Construction Statement.
`
`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`
`January 7, 2022
`
`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).3
`
`January 19, 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.
`
`January 20, 2022
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`
`March 2, 2022
`
`Deadline to add parties.
`
`March 16, 2022
`
`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.
`
`May 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.)
`
`July 29, 2022
`
`Close of Fact discovery.
`
`3 The parties should contact the Law Clerk to request a Box link so that the party can directly
`upload the file to the Court’s Box account.
`
`3
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`Page 3 of 5
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`
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`Case 6:21-cv-00166-ADA Document 27 Filed 09/23/21 Page 4 of 5
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`Date
`
`July 20, 2022
`
`Event
`
`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.
`
`August 12, 2022
`
`Opening Expert Reports.
`
`September 7, 2022 Rebuttal Expert Reports.
`
`September 21, 2022 Close of Expert Discovery.
`
`September 28, 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.
`
`October 5, 2022
`
`Dispositive motion deadline and Daubert motion deadline.
`
`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`
`November 9, 2022
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`
`November 23, 2022 Serve objections to pretrial disclosures/rebuttal disclosures.
`
`November 30, 2022 Serve objections to rebuttal disclosures and File Motions in limine.
`
`December 7, 2022
`
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations); file
`oppositions to motions in limine.
`
`December 14, 2022 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.
`
`4
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`Page 4 of 5
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`
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`Case 6:21-cv-00166-ADA Document 27 Filed 09/23/21 Page 5 of 5
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`Date
`
`January 6, 2023
`
`January 9, 2023
`
`Event
`
`File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in limine.
`
`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`
`January 23, 20234
`
`Jury Selection/Trial. The Court expects to set these dates at the
`conclusion of the Markman Hearing.
`
`SIGNED this
`
`23rd
`
` day of
`
`September
`
`, 2021.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4 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.
`
`5
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`Page 5 of 5
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