Case 6:21-cv-00815-ADA Document 35 Filed 02/17/22 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`WAG ACQUISITION, L.L.C.,
`
`v.
`
`Plaintiff,
`
`AMAZON.COM, INC.,
`AMAZON WEB SERVICES,
`INC., and AMAZON.COM
`SERVICES LLC,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`No. 6:21-cv-00815-ADA
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`Jury Trial Demanded
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`SCHEDULING ORDER
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`Pursuant to Fed. R. Civ. P. 16, the Court ORDERS that the following schedule will
`
`govern deadlines up to and including the trial of this matter:
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`Proposed Date
`
`Item
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`1/24/2022
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`Defendant serves preliminary1 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).
`
`2/4/2022
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`Parties exchange claim terms for construction.
`
`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
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`Amazon / WAG Acquisition
`Exhibit 1022
`Page 1
`
`

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`Case 6:21-cv-00815-ADA Document 35 Filed 02/17/22 Page 2 of 4
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`2/18/2022
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`2/25/2022
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`3/4/2022
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`3/11/2022
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`4/1/2022
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`4/15/2022
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`4/29/2022
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`5/6/2022
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`5/10/2022
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`6/3/2022
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`6/4/2022
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`6/24/2022
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`Parties exchange proposed claim constructions.
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`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.
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`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.
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`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief.
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`Plaintiff files a Sur-Reply claim construction brief.
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`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).
`
`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.
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
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`Deadline to add parties.
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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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`Amazon / WAG Acquisition
`Exhibit 1022
`Page 2
`
`

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`Case 6:21-cv-00815-ADA Document 35 Filed 02/17/22 Page 3 of 4
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`7/15/2022
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`8/19/2022
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`11/11/2022
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`12/9/2022
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`12/21/2022
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`1/25/2023
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`2/15/2023
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`2/17/2023
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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.
`
`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.
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`Close of Fact Discovery.
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`Close of Expert Discovery.
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`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.
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`2/24/2023
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`Dispositive motion deadline and Daubert motion deadline.
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`3/17/2023
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`3/31/2023
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`4/14/2023
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`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).
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`Serve objections to rebuttal disclosures; file Motions in limine.
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`3
`
`Amazon / WAG Acquisition
`Exhibit 1022
`Page 3
`
`

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`Case 6:21-cv-00815-ADA Document 35 Filed 02/17/22 Page 4 of 4
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`4/28/2023
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`5/5/2023
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`4/14/2023
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`5/12/2023
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`6/5/2023
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`6/12/20233
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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.
`
`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
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`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.
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`Final Pretrial Conference.
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`Jury Selection/Trial.
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`SIGNED this 17th day of February, 2022.
`
`_______________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`3 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.
`4
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`Amazon / WAG Acquisition
`Exhibit 1022
`Page 4
`
`