Case 6:21-cv-00701-ADA Document 43 Filed 03/08/22 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SMART MOBILE TECHNOLOGIES LLC,
`
`Plaintiff,
`
`v.
`
`Case No. 6:21-cv-00701-ADA
`
`SAMSUNG ELECTRONICS CO. LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.
`
`JURY TRIAL DEMANDED
`
` Defendants.
`
`JOINT AGREED SCHEDULING ORDER
`
`The Court ORDERS that the following schedule will govern deadlines in this case Smart
`
`Mobile Technologies LLC v. Samsung Electronics Co. Ltd. and Samsung Electronics America,
`
`Inc. (6:21-cv-00701-ADA):
`
`Deadline
`
`Item
`
`January 12, 2022
`(Wednesday)
`
`February 2, 2022
`(Wednesday)
`
`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.
`
`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
`
`Ex.1038
`APPLE INC. / Page 1 of 4
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`

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`Case 6:21-cv-00701-ADA Document 43 Filed 03/08/22 Page 2 of 4
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`
`
`April 6, 2022
`(Wednesday)
`
`April 20, 2022
`(Wednesday)
`May 4, 2022
`(Wednesday)
`May 18, 2022
`(Wednesday)
`
`May 25, 2022
`(Wednesday)
`June 8, 2022
`(Wednesday)
`July 6, 2022
`(Wednesday)
`July 27, 2022
`(Wednesday)
`August 17, 2022
`(Wednesday)
`August 19, 2022
`(Friday)
`August 22, 2022
`(Monday)
`(3 business days
`after submission of
`sur-reply)
`August 31, 2022
`(Wednesday) or as
`set by the Court
`September 1, 2022
`(Thursday)
`
`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.
`
`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.
`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 not indefinite.
`Plaintiff files Responsive claim construction brief.
`
`Defendant files Reply claim construction brief.
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).
`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).
`
`Markman Hearing at 9:00 a.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 Disclosures per Rule
`26(a).
`
`
`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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`Ex.1038
`APPLE INC. / Page 2 of 4
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`

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`Case 6:21-cv-00701-ADA Document 43 Filed 03/08/22 Page 3 of 4
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`
`
`October 12, 2022
`(Wednesday)
`October 26, 2022
`(Wednesday)
`
`November 29, 2022
`(Tuesday)
`
`December 21, 2022
`(Wednesday)
`
`March 29, 2023
`(Wednesday)
`
`April 19, 2023
`(Wednesday)
`
`May 26, 2023
`(Wednesday)
`
`June 21, 2023
`(Wednesday)
`June 28, 2023
`(Wednesday)
`
`July 19, 2023
`(Wednesday)
`July 19, 2023
`(Wednesday)
`
`August 9, 2023
`(Wednesday)
`August 30, 2023
`(Wednesday)
`September 13, 2023
`(Wednesday)
`
`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.
`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.
`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.)
`Close of Fact Discovery. Fact discovery must be completed by this
`date. Any fact discovery requests must be propounded so that the
`responses are due by this date.
`Parties with burden of proof to designate Expert Witnesses and provide
`their expert witness reports, to include all information required by Rule
`26(a)(2)(B).
`Parties shall designate Rebuttal Expert Witnesses on issues for which
`the parties do not bear the burden of proof, and provide their expert
`witness reports, to include all information required by Rule 26(a)(2)(B).
`Close of Expert Discovery. Expert discovery must be completed by this
`date.
`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.
`Daubert Motion deadline.
`
`Dispositive Motion deadline.
`
`The Court does not have a limit on the number of motions for summary
`judgment (MSJs); however, absent leave of Court, the cumulative page
`limit for Opening Briefs for all MSJs is 40 pages per side.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Serve objections to rebuttal disclosures; file Motions in limine.
`
`3
`
`Ex.1038
`APPLE INC. / Page 3 of 4
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`Case 6:21-cv-00701-ADA Document 43 Filed 03/08/22 Page 4 of 4
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`September 27, 2023
`(Wednesday)
`
`October 4, 2023
`(Wednesday)
`
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and 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.
`
`3 business days
`before Final Pretrial
`Conference.
`October 13, 2023
`October 23, 2023
`
`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.
`
`ORDERED this 8th day of March, 2022.
`
`4
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`Ex.1038
`APPLE INC. / Page 4 of 4
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