`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`JAWBONE INNOVATIONS, LLC,
` Plaintiff,
`
`
`v.
`
`APPLE INC.,
` Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`CIVIL NO. 6:21-CV-00984-ADA
`
`
`
`
`
`AMENDED SCHEDULING ORDER
`
`Pursuant to the Court’s Standing Order Governing Proceedings in Patent Cases, and the
`
`Discovery and Scheduling Order (ECF No. 103), the Parties hereby propose the below Amended
`
`Scheduling Order for all remaining deadlines in this case. The Court ORDERS that the following
`
`schedule will govern deadlines up to and including the trial of this matter:
`
`Deadline
`
`Item
`
`November 15, 2022
`
`Deadline to add parties.
`
`November 29, 2022
`
`December 13, 2022
`
`December 20, 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.
`
`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 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.)
`
`
`
`1
`
`Jawbone's Exhibit No. 2007, IPR2022-01321
`Page 001
`
`
`
`Case 6:21-cv-00984-ADA Document 107 Filed 10/20/22 Page 2 of 3
`
`January 25, 2023
`
`February 15, 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.
`
`Deadline for the second of two meet and confers to discuss
`significantly narrowing the number of claims asserted and
`prior art references at issue to triable limits. 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.
`
`February 22, 2023
`
`Close of Fact Discovery.
`
`March 8, 2023
`
`March 22, 2023
`
`April 5, 2023
`
`May 3, 2023
`
`May 17, 2023
`
`June 7, 2023
`
`June 28, 2023
`
`July 12, 2023
`
`Parties shall exchange preliminary exhibit lists and witness
`lists. The preliminary exhibit lists and witness lists may be
`freely amended in good faith so long as the amendments do
`not amount to transfer motion gamesmanship.
`
`Deadline for Plaintiff’s replacement transfer opposition brief
`(15 pages).
`
`Deadline for Defendant’s replacement transfer reply brief (15
`pages).
`
`Deadline for Plaintiff’s replacement transfer sur-reply brief
`(10 pages).
`
`Markman hearing
`
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`Dispositive motion deadline and Daubert motion deadline.
`
`See General Issues Note #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
`
`July 26, 2023
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`
`
`
`2
`
`Jawbone's Exhibit No. 2007, IPR2022-01321
`Page 002
`
`
`
`Case 6:21-cv-00984-ADA Document 107 Filed 10/20/22 Page 3 of 3
`
`August 2, 2023
`
`August 9, 2023
`
`August 16, 2023
`
`August 23, 2023
`
`August 30, 2023
`
`Parties email the Court’s law clerk to confirm pretrial and trial
`dates.
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`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
`
`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 email the
`Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com
`
`
`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
`
`September 15, 2023
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`September 20, 2023
`
`Final Pretrial Conference.
`
`September 27, 20231
`
`Jury Selection/Trial.
`
`
`
`SIGNED this 20th day of October, 2022.
`
`
`
`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`1 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.
`
`
`
`3
`
`Jawbone's Exhibit No. 2007, IPR2022-01321
`Page 003
`
`