Case 6:21-cv-00619-ADA Document 39 Filed 01/13/22 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and EERO LLC.
`
`Defendants.
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`v.
`
`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`ASUSTEK COMPUTER INC.
`
`Defendant.
`
`Case No. 6:21-cv-619-ADA
`
`JURY TRIAL DEMANDED
`
`Case No. 6:21-cv-620-ADA
`
`JURY TRIAL DEMANDED
`
`Case No. 6:21-cv-622-ADA
`
`JURY TRIAL DEMANDED
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`Case No. 6:21-cv-623-ADA
`
`JURY TRIAL DEMANDED
`
`1
`
`

`

`Case 6:21-cv-00619-ADA Document 39 Filed 01/13/22 Page 2 of 6
`
`CISCO SYSTEMS, INC.
`MERAKI LLC
`
`Defendants.
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`v.
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Defendant.
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`Defendants.
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`DELL TECHNOLOGIES INC. AND DELL
`INC.,
`
`Defendants.
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`2
`
`Case No. 6:21-cv-625-ADA
`
`JURY TRIAL DEMANDED
`
`Case No. 6:21-cv-626-ADA
`
`JURY TRIAL DEMANDED
`
`Case No. 6:21-cv-646-ADA
`
`JURY TRIAL DEMANDED
`
`Case No. 6:21-cv-694-ADA
`
`JURY TRIAL DEMANDED
`
`

`

`Case 6:21-cv-00619-ADA Document 39 Filed 01/13/22 Page 3 of 6
`
`HP INC.,
`
`Defendant.
`
`XR COMMUNICATIONS, LLC, dba VIVATO
`TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`MICROSOFT CORPORATION,
`
`Defendant.
`
`Case No. 6:21-cv-695-ADA
`
`JURY TRIAL DEMANDED
`
`3
`
`

`

`Case 6:21-cv-00619-ADA Document 39 Filed 01/13/22 Page 4 of 6
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`SCHEDULING ORDER
`
`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
`
`following schedule will govern deadlines up to and including the trial of this matter:
`
`Deadline
`January 12, 2022
`
`March 11, 2022
`March 25, 2022
`April 1, 2022
`
`Item
`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.
`February 25, 2022 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.1 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 indefinite.
`Plaintiff files Responsive claim construction brief.
`Defendant files Reply claim construction brief.
`Plaintiff files a Sur-Reply claim construction brief.
`Statement.
`Parties
`submit
`Joint
`Claim
`Construction
`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`
`April 8, 2022
`
`April 15, 2022
`
`May 6, 2022
`May 20, 2022
`June 3, 2022
`June 8, 2022
`
`1 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`4
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`

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`Case 6:21-cv-00619-ADA Document 39 Filed 01/13/22 Page 5 of 6
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`Parties submit optional technical tutorials to the Court and technical adviser
`(if appointed).
`Markman Hearing. This date is a placeholder and the Court may adjust this
`date as the Markman hearing approaches.
`
`June 10, 2022
`
`June 16, 2022 (or as
`soon as practicable)
`at 1 p.m.
`June 17, 2022
`July 29, 2022
`August 26, 2022
`
`October 7, 2022
`
`January 20, 2023
`January 27, 2023
`February 24, 2023
`March 17, 2023
`March 24, 2023
`
`Fact Discovery opens; deadline to serve Initial Disclosures 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.
`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.)
`December 16, 2022 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.
`deadline.
`Dispositive motion
`deadline
`and Daubert motion
`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; 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
`e-mail
`the Court Reporter, Kristie Davis
`at
`kmdaviscsr@yahoo.com
`
`March 31, 2023
`
`April 14, 2023
`
`April 28, 2023
`May 5, 2023
`May 12, 2023
`
`May 19, 2023
`
`5
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`

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`Case 6:21-cv-00619-ADA Document 39 Filed 01/13/22 Page 6 of 6
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`April 21, 2023
`May 26, 2023
`
`June 2, 2023
`June 23, 2023
`
`Deadline to meet and confer regarding remaining objections and disputes
`on motions in limine.
`Parties email the Court’s law clerk to confirm pretrial and trial dates
`File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in limine.
`Final Pretrial Conference.
`Jury Selection/Trial.
`
`SIGNED this 13th day of January, 2022.
`
`________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`6
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