Case 6:21-cv-01102-ADA Document 31 Filed 05/02/22 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`CloudofChange, LLC,
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`Plaintiff,
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`Case No. 6:21-CV-01102-ADA
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`v.
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`Lightspeed POS Inc.,
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`JURY TRIAL DEMANDED
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`Defendant.
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`FIRST AMENDED SCHEDULING ORDER
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`
`Event
`Case Readiness Status Report (“CRSR”) filed
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`Plaintiff shall serve 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 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.
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`Case Management Conference deemed to occur
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`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.
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`Dates
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`March 30, 2022
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`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.
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`Lightspeed Ex. 1018.1
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`

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`Case 6:21-cv-01102-ADA Document 31 Filed 05/02/22 Page 2 of 4
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`Dates
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`
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`Event
`Defendant shall serve 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).
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`Parties exchange claim terms for construction.
`Defendant shall serve preliminary invalidity contentions for patents in First
`Amended Complaint 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).
`Parties exchange claim terms for construction (in connection with Plaintiff’s
`First Amended Complaint and Amended Preliminary Infringement
`Contentions).
`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 with respect to claims
`asserted against them, including any arguments that any claim terms are
`indefinite.
`Plaintiff files Responsive claim construction brief with respect to claims
`asserted by them, including any arguments that any claim terms are not
`indefinite.
`August 24, 2022 Defendant files Reply claim construction brief with respect to claims
`asserted against them.
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`June 8, 2022
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`June 20, 2022
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`July 1, 2022
`July 6, 2022
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`July 13, 2022
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`July 20, 2022
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`August 10, 2022
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`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
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`2
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`Lightspeed Ex. 1018.2
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`Case 6:21-cv-01102-ADA Document 31 Filed 05/02/22 Page 3 of 4
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`Event
`Plaintiff files Sur-Reply claim construction brief with respect to claims
`asserted by them.
`Parties submit Joint Claim Construction Statement.
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`Parties submit optional technical tutorials to the Court and 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).
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`Deadline to add parties.
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`Dates
`September 7,
`2022
`September 10,
`2022
`September 14,
`2022
`September 21,
`2022
`September 22,
`2022
`November 2,
`2022
`November 16,
`2022
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`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.
`January 11, 2023 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.)
`March 22, 2023 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.
`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 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 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.
`Serve objections to rebuttal disclosures and 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.
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`April 19, 2023
`April 26, 2023
`May 24, 2023
`June 14, 2023
`June 21, 2023
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`June 28, 2023
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`July 12, 2023
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`July 26, 2023
`August 2, 2023
`August 9, 2023
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`3
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`Lightspeed Ex. 1018.3
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`Case 6:21-cv-01102-ADA Document 31 Filed 05/02/22 Page 4 of 4
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`Dates
`August 16, 2023
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`August 27, 2023
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`August 30, 2023
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`Event
`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.
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`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.
`Jury Selection/Trial. The Court expects to set these dates at the conclusion
`of the Markman Hearing.
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`September 20,
`2023
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`SIGNED this 2nd day of May, 2022.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4
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`Lightspeed Ex. 1018.4
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