Case 6:21-cv-00943-ADA Document 57 Filed 02/22/22 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`ARIGNA TECHNOLOGY LIMITED,
`Plaintiff,
`
`vs.
`
`SAMSUNG ELECTRONICS CO.,
`LTD; SAMSUNG ELECTRONICS
`AMERICA, INC.; and APPLE INC,
`Defendants.
`
`Case No. 6:21-cv-943-ADA
`
`JURY TRIAL DEMANDED
`
`SCHEDULING ORDER
`
`The Court enters this schedule, which Plaintiff Arigna Technology Limited and
`
`Defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Apple
`
`Inc., filed and proposed.
`
`Date
`
`Event
`
`01/06/2022
`
`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) is 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.
`
`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.
`
`1
`
`EXHIBIT 1012
`
`

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`Case 6:21-cv-00943-ADA Document 57 Filed 02/22/22 Page 2 of 5
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`Date
`
`Event
`
`01/13/2022
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`01/27/2022
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`03/03/2022
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`03/17/2022
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`03/31/2022
`
`04/07/2022
`
`Case Management Conference
`
`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) is 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, (2)
`technical documents, including software where applicable, sufficient to
`show the operations of the accused product(s).
`
`Parties exchange claim terms for construction.
`
`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.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.
`
`04/14/2022
`
`04/21/2022
`
`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.
`
`05/12/2022
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`Plaintiff files Responsive claim construction brief.
`
`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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`Case 6:21-cv-00943-ADA Document 57 Filed 02/22/22 Page 3 of 5
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`Date
`
`Event
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`05/26/2022
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`06/09/2022
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`06/14/2022
`
`06/16/2022
`
`7/6/2022
`
`1 business day
`after Markman
`hearing
`6 weeks after
`Markman hearing
`
`8 weeks after
`Markman hearing
`
`Defendant files Reply claim construction brief.
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`Parties submit Joint Claim Construction Statement.
`
`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical advisor (if appointed).
`
`Parties submit optional technical tutorials to the Court and technical
`advisor (if appointed).3
`
`Markman Hearing at 1:30 p.m. This date is a placeholder, and the
`Court may adjust this date as the Markman hearing approaches.
`
`Fact Discovery Opens; deadline to serve Initial Disclosure per Rule
`26(a).
`
`Deadline to add parties.
`
`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.
`
`16 weeks after
`Markman hearing
`
`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.)
`
`26 weeks after
`Markman hearing
`
`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.
`
`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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`Case 6:21-cv-00943-ADA Document 57 Filed 02/22/22 Page 4 of 5
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`Date
`
`Event
`
`30 weeks after
`Markman hearing
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`31 weeks after
`Markman hearing
`
`35 weeks after
`Markman hearing
`
`38 weeks after
`Markman hearing
`
`39 weeks after
`Markman hearing
`
`40 weeks after
`Markman hearing
`
`42 weeks after
`Markman hearing
`
`44 weeks after
`Markman hearing
`
`8 weeks before
`Trial
`
`45 weeks after
`Markman hearing
`
`46 weeks after
`Markman hearing
`
`Close of Fact Discovery.
`
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`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 that 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.
`
`See General Issues Note #9 regarding provision copies of the briefing to
`the Court and the technical advisor (if appointed).
`
`Serve Pretrial Disclosures (jury instructions, exhibit lists, witness lists,
`discovery and deposition designations).
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Parties email the Court’s law clerk to confirm pretrial and trial dates.
`
`Serve objections to rebuttal disclosures; file motions in limine.
`
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations); file
`oppositions to motions in limine.
`
`47 weeks after
`Markman hearing
`
`File Notice of Request for Daily Transcript or Real Time Reporting. If a
`daily transcript or real time reporting of court proceedings is requested
`
`4
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`

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`Case 6:21-cv-00943-ADA Document 57 Filed 02/22/22 Page 5 of 5
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`Date
`
`Event
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`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.
`
`File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in limine.
`
`Final Pretrial Conference.
`
`Jury Selection/Trial. The Court expects to set this date at the conclusion
`of the Markman Hearing.
`
`3 business days
`before Final
`Pretrial
`Conference
`
`To be determined
`by the Court
`
`To be determined
`by the Court4
`
`Signed this 22nd day of February, 2022.
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`5
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