Case 6:22-cv-00145-ADA Document 30 Filed 05/28/22 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`MULLEN INDUSTRIES LLC,
`
`Plaintiff,
`v.
`
`APPLE INC.,
` Defendant.
`
`Case No. 6:22-cv-00145-ADA
`
`JURY TRIAL DEMANDED
`
`1
`
`Petitioner Apple, Inc.
`Exhibit 1032 - Page 1 of 5
`
`

`

`Case 6:22-cv-00145-ADA Document 30 Filed 05/28/22 Page 2 of 5
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`AGREED 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
`May 6, 2022
`
`May 27, 2022
`
`July 12, 2022
`
`July 19, 2022
`August 2, 2022
`August 9, 2022
`
`Item
`Plaintiff serves 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 earliest 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.
`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.
`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
`
`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.
`
`2
`
`Petitioner Apple, Inc.
`Exhibit 1032 - Page 2 of 5
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`

`

`Case 6:22-cv-00145-ADA Document 30 Filed 05/28/22 Page 3 of 5
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`Deadline
`
`Item
`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, including any
`arguments that any claim terms are indefinite.
`September 9, 2022
`Plaintiff files Responsive claim construction brief.
`September 23, 2022 Defendant files Reply claim construction brief.
`September 23, 2022 Parties to jointly email the law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) to
`confirm their Markman date.
`Plaintiff files a Sur-Reply claim construction brief.
`Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).
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`August 12, 2022
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`August 19, 2022
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`October 7, 2022
`October 11, 2022
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`October 12, 2022
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`October 28, 20223
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`October 31, 2022
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`December 15, 2022
`January 31, 2023
`
`Parties submit Joint Claim Construction Statement and email the
`law clerks an editable copy.
`See General Issues Note #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
`
`Markman Hearing at 11:00 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).
`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.
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`3 All deadlines hereafter follow the original Markman hearing date and do not change if the Court delays the
`Markman hearing.
`
`3
`
`Petitioner Apple, Inc.
`Exhibit 1032 - Page 3 of 5
`
`

`

`Case 6:22-cv-00145-ADA Document 30 Filed 05/28/22 Page 4 of 5
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`Deadline
`February 23, 2023
`
`May 4, 2023
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`May 25, 2023
`June 1, 2023
`June 29, 2023
`July 20, 2023
`July 27, 2023
`
`Item
`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.
`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. If 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 #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`Parties to jointly email the Court’s law clerk
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) to
`confirm their pretrial conference and trial dates.
`September 14, 2023 Serve objections to rebuttal disclosures; file Motions in limine.
`September 21, 2023 File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibits lists, witness lists, discovery and deposition
`designations); file oppositions to motions in limine
`September 28, 2023 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
`
`August 10, 2023
`
`August 24, 2023
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`September 7, 2023
`September 7, 2023
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`4
`
`Petitioner Apple, Inc.
`Exhibit 1032 - Page 4 of 5
`
`

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`Case 6:22-cv-00145-ADA Document 30 Filed 05/28/22 Page 5 of 5
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`Deadline
`
`October 7, 2023
`
`October 12, 2023
`
`November 2, 20234
`
`Item
`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.
`Jury Selection/Trial.
`
`
`28th
`
`May
`SIGNED this _____day of _____________________, 2022.
`
`____________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4 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.
`
`5
`
`Petitioner Apple, Inc.
`Exhibit 1032 - Page 5 of 5
`
`