Case 6:22-cv-00122-ADA Document 37 Filed 09/23/22 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Plaintiff,
`
`
`
`v.
`
`ZENTIAN LTD.,
`
`
`
`
`
`APPLE INC.,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`C.A. No. 6:22-cv-00122-ADA
`
`JURY TRIAL DEMANDED
`
`SCHEDULING ORDER
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`
`
`
`
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`The parties’ deemed Case Management Conference occurred on September 8, 2022.
`
`Pursuant to Federal Rule of Civil Procedure 16, the Court orders that the following schedule will
`
`govern deadlines up to and including the trials of this matter:1
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`Deadline
`
`Item
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`September 1, 2022
`
` Plaintiff served preliminary2 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 also identified the earliest
`priority date (i.e. the earliest date of invention) for each asserted
`claim and produced: (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.
`
`
`1 Plaintiff requests that this case be coordinated and/or consolidated with CRSR related case
`Zentian v. Amazon.com Services LLC, No. 6:22-cv-00123-ADA (W.D. Tex.), for pre-trial purposes
`and with coordinated Markman briefing and a single Markman hearing. See OGP 4.2 at 2, 7.
`2 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.
`
`
`
`IPR2023-00034
`Apple EX1061 Page 1
`
`

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`Case 6:22-cv-00122-ADA Document 37 Filed 09/23/22 Page 2 of 5
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`Deadline
`
`Item
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`October 27, 2022
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`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).
`
`November 10, 2022
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`Parties exchange claim terms for construction.
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`December 1, 2022
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`Parties exchange proposed claim constructions.
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`December 8, 2022
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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.3 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.
`
`December 15, 2022
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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
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`January 19, 2023
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`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
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`January 26, 2023
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`Deadline to file Motion to Transfer.4
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`February 9, 2023
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`Plaintiff files Responsive claim construction brief.
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`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`4 Assumes Markman hearing on March 23, 2023. See OGP 4.2 at 5 (“This section applies to all
`cases filed on or after March 7, 2022. Otherwise, the Second Amended Standing Order Regarding
`Motions for Inter-District Transfer controls earlier-filed cases.”); Second Amended Standing
`Order Regarding Motions For Inter-District Transfer (“A motion for interdistrict transfer may be
`filed within eight weeks of the scheduled date for the Markman hearing only with a showing of
`good cause for any delay and leave of court.”).
`
`
`
`2
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`IPR2023-00034
`Apple EX1061 Page 2
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`

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`Case 6:22-cv-00122-ADA Document 37 Filed 09/23/22 Page 3 of 5
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`Deadline
`
`Item
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`February 23, 2023
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`Defendant files Reply claim construction brief.
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`February 23, 2023
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`February 23, 2023
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`Parties to jointly email the law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) to
`confirm their Markman date.
`
`For pending inter-district venue transfer motions, the moving party
`to provide the Court with a status report with respect to whether the
`motion(s) has been fully briefed and ready for resolution.
`Parties to jointly email the Court’s law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) if any
`venue or jurisdictional motions remain unripe for resolution.
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`March 9, 2023
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`Plaintiff files a Sur-Reply claim construction brief
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`March 14, 2023
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`March 16, 2023
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`March 16, 2023
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`March 23, 2023
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`March 24, 2023
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`May 4, 2023
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`May 18, 2023
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`Parties submit Joint Claim Construction Statement and email the
`law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) an
`editable copy.
`
`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).
`
`If the Court has not ruled on any pending inter-district motion to
`transfer, the moving party is directed to email the Court’s law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) and the
`technical advisor (when appointed), and indicate that the motion to
`transfer is pending.
`
`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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`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.
`
`
`
`3
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`IPR2023-00034
`Apple EX1061 Page 3
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`

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`Case 6:22-cv-00122-ADA Document 37 Filed 09/23/22 Page 4 of 5
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`Deadline
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`July 13, 2023
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`September 21, 2023
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`Item
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`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 clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) to
`arrange a teleconference with the Court to resolve the disputed
`issues.
`
`October 19, 2023
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`Close of Fact Discovery.
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`October 26, 2023
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`Opening Expert Reports.
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`November 30, 2023
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`Rebuttal Expert Reports.
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`December 21, 2023
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`Close of Expert Discovery.
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`December 21, 2023
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`Deadline for the second of two meet and confer to discuss narrowing
`the number of claims asserted and prior art references at issue to
`triable limits. If it helps the parties determine these limits, the parties
`are encouraged to contact the Court’s law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) 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.
`
`January 11, 2024
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`Dispositive motion deadline and Daubert motion deadline.
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`January 25, 2024
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`February 1, 2024
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`February 15, 2024
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
`
`Deadline to respond to dispositive motions and Daubert motions.
`Deadline to file reply briefs in support of dispositive motions and
`Daubert motions.
`
`February 22, 2024
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`February 22, 2024
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`Parties to jointly email the Court’s law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) to
`confirm their pretrial conference and trial dates.
`
`
`
`4
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`IPR2023-00034
`Apple EX1061 Page 4
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`

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`Case 6:22-cv-00122-ADA Document 37 Filed 09/23/22 Page 5 of 5
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`Deadline
`
`Item
`
`February 29, 2024
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`Serve objections to rebuttal disclosures; file Motions in limine
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`March 7, 2024
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`March 14, 2024
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`3 business days before
`Final Pretrial
`Conference
`
`TBD at the Court’s
`convenience
`[March 28, 2024, or as
`soon as practicable]
`
`TBD at the Court’s
`convenience
`[April 22, 2024, or as
`soon as practicable]
`
`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
`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. Held in person unless otherwise
`requested. The Court expects to set this date at the conclusion of the
`Markman Hearing.
`
`Jury Selection/Trial. The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`SIGNED this 23rd day of September, 2022.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`5
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`IPR2023-00034
`Apple EX1061 Page 5
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`