`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`EXPRESS MOBILE, INC.,
`
`Plaintiff,
`
`Case No. 6:20-cv-801-ADA
`
`v.
`
`EXPEDIA, INC., et al.,
`
`Defendants.
`
`v.
`
`eBAY INC.,
`
`Defendant.
`
`v.
`
`FACEBOOK, INC.,
`
`Defendant.
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`v.
`
`Case No. 6:20-cv-802-ADA
`
`Case No. 6:20-cv-803-ADA
`
`Case No. 6:20-cv-804-ADA
`
`ATLASSIAN CORP. PLC, et al.,
`
`Defendants.
`
`Case No. 6:20-cv-805-ADA
`
`SCHEDULING ORDER
`
`On this day the Court considered Express Mobile, Inc.’s Agreed Motion for Scheduling
`
`Order in the above-captioned cases.
`
`The Court finds that the Motion is meritorious and should be granted. Therefore,
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`Facebook's Exhibit No. 1017
`Page 001
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`Page 1 of 5
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`GOOGLE EXHIBIT 1017
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`
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`Case 6:20-cv-00803-ADA Document 46 Filed 04/06/21 Page 2 of 5
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`IT IS ORDERED:
`
`Deadline
`February 5, 2021
`
`April 2, 2021
`
`Item
`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.
`
`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, (2) technical documents, including software where
`applicable, sufficient to show the operation of the accused
`product(s), and (3) summary, annual sales information for the
`accused product(s) for the two years preceding the filing of the
`Complaint, unless the parties agree to some other timeframe.
`
`April 27, 2021
`
`Parties exchange claim terms for construction.
`
`May 11, 2021
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`Parties exchange proposed claim constructions.
`
`May 13, 2021
`
`Parties submit a status report to the Court outlining their agreements
`and/or disputes relating to Markman briefing.
`
`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
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`Facebook's Exhibit No. 1017
`Page 002
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`Page 2 of 5
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`GOOGLE EXHIBIT 1017
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`
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`Case 6:20-cv-00803-ADA Document 46 Filed 04/06/21 Page 3 of 5
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`Deadline
`May 18, 2021
`
`Item
`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.
`
`May 25, 2021
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`June 1, 2021
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`June 22, 2021
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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`Plaintiff files Opening claim construction brief, including any
`arguments that any claim terms are not indefinite.
`Defendant files Responsive claim construction brief.
`
`July 6, 2021
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`Plaintiff files Reply claim construction brief.
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`July 20, 2021
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`Defendant files a Sur-Reply claim construction brief.
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`July 23, 2021
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`Parties submit Joint Claim Construction Statement.
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`July 27, 2021
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`August 3, 2021
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`See General Issues Note #8 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).3
`Markman Hearing at 9:30 a.m.
`
`August 4, 2021
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`September 14, 2021 Deadline to add parties.
`
`October 26, 2021 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.
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`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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`Facebook's Exhibit No. 1017
`Page 003
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`Page 3 of 5
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`GOOGLE EXHIBIT 1017
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`
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`Case 6:20-cv-00803-ADA Document 46 Filed 04/06/21 Page 4 of 5
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`Item
`Deadline
`November 23, 2021 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.
`
`March 1, 2022
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`April 12, 2022
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`Close of Fact Discovery.
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`April 19, 2022
`
`Opening Expert Reports.
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`May 17, 2022
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`Rebuttal Expert Reports.
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`June 7, 2022
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`Close of Expert Discovery.
`
`June 14, 2022
`
`Deadline for the second of two meet and confer 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.
`
`June 21, 2022
`
`Dispositive motion deadline and Daubert motion deadline.
`
`See General Issues Note #8 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.
`
`July 5, 2022
`
`July 19, 2022
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`July 26, 2022
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`Serve objections to rebuttal disclosures and File Motions in limine.
`
`August 2, 2022
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations);
`file oppositions to motions in limine
`
`4
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`Facebook's Exhibit No. 1017
`Page 004
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`Page 4 of 5
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`GOOGLE EXHIBIT 1017
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`
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`Case 6:20-cv-00803-ADA Document 46 Filed 04/06/21 Page 5 of 5
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`Deadline
`August 9, 2022
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`August 17, 2022
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`August 22, 2022
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`September 12, 2022
`
`Item
`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.
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`Final Pretrial Conference for the first trial. The Court expects to set
`this date at the conclusion of the Markman Hearing.
`Jury Selection/Trial for the first trial. The Court expects to set these
`dates at the conclusion of the Markman Hearing.
`
`April 6, 2021
`SIGNED on ______________________
`
`____________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`5
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`Facebook's Exhibit No. 1017
`Page 005
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`Page 5 of 5
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`GOOGLE EXHIBIT 1017
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`