Case 6:22-cv-00396-ADA-DTG Document 37 Filed 08/12/22 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Corrigent Corporation
`
`Plaintiff,
`
`v.
`Cisco Systems, Inc.
`
`Defendant.
`
`Civil Action No. 6:22-cv-00396-ADA
`JURY TRIAL DEMANDED
`
`SCHEDULING ORDER
`
`Pursuant to FED. R. CIV. P. 16, the Court ORDERS that the following schedule will govern
`
`all remaining deadlines up to and including trial of this matter:
`
`Deadline
`September 14, 2022
`
`September 28, 2022
`
`Event
`Deadline for Motions to Transfer (Per D.I. 29 and further
`agreement between the parties)
`The defendant shall serve preliminary invalidity contentions1 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 § 112, and (3) an
`identification of any claims the defendant contends are directed
`to ineligible subject matter under § 101. The § 101 contention
`shall (1) identify the alleged abstract idea, law of nature, and/or
`natural phenomenon in each challenged claim; (2) identify each
`claim element alleged to be well-understood, routine, and/or
`conventional; and (3) to the extent not duplicative of §§ 102/103
`prior art contentions, prior art for the contention that claim
`elements are well-understood, routine, and/or conventional. The
`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
`
`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
`
`Ex.1016
`CISCO SYSTEMS, INC. / Page 1 of 4
`
`

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`Case 6:22-cv-00396-ADA-DTG Document 37 Filed 08/12/22 Page 2 of 4
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`Deadline
`
`October 5, 2022
`October 19, 2022
`October 26, 2022
`
`November 2, 2022
`
`November 9, 2022
`
`November 30, 2022
`December 14, 2022
`December 14, 2022
`
`December 28, 2022
`December 30, 2022
`
`23 weeks after CMC (or as
`soon as practicable)
`
`1 business day after
`Markman hearing
`6 weeks after Markman
`hearing
`16 weeks after Markman
`hearing
`
`26 weeks after Markman
`hearing
`
`28 weeks after Markman
`hearing
`
`Event
`
`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. 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.
`Parties to jointly email the law clerks (see OGP at 1) to confirm
`their Markman date and to notify if any venue or jurisdictional
`motions remain unripe for resolution.
`Plaintiff files a Sur-Reply claim construction brief.
`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 9:00 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 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
`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 for the first of two meet and confers to discuss
`significantly narrowing the number of claims asserted and prior
`
`2
`
`Ex.1016
`CISCO SYSTEMS, INC. / Page 2 of 4
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`

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`Case 6:22-cv-00396-ADA-DTG Document 37 Filed 08/12/22 Page 3 of 4
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`Deadline
`
`30 weeks after Markman
`hearing
`31 weeks after Markman
`hearing
`35 weeks after Markman
`hearing
`36 weeks after Markman
`hearing
`38 weeks after Markman
`hearing
`39 weeks after Markman
`hearing
`
`40 weeks after Markman
`hearing
`
`42 weeks after Markman
`hearing
`42 weeks after Markman
`hearing
`43 weeks after Markman
`hearing
`44 weeks after Markman
`hearing
`8 weeks before trial
`
`45 weeks after Markman
`hearing
`46 weeks after Markman
`hearing
`
`47 weeks after Markman
`hearing
`
`Event
`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.
`
`Reply 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).
`Responsive Dispositive and Daubert briefs
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`Reply Dispositive and Daubert briefs
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Parties to jointly email the Court’s law clerk (See OGP at 1) to
`confirm their pretrial conference and trial dates.
`Serve objections to rebuttal disclosures and 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
`
`3
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`Ex.1016
`CISCO SYSTEMS, INC. / Page 3 of 4
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`

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`Case 6:22-cv-00396-ADA-DTG Document 37 Filed 08/12/22 Page 4 of 4
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`Deadline
`
`3 business days before Final
`Pretrial Conference.
`49 weeks after Markman
`hearing
`(or as soon as
`practicable)
`52 weeks after Markman
`hearing
`(or as soon as
`practicable)
`
`Event
`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.
`
`So Ordered this
`
`12th
`
` day of
`
`August
`
`, 2022
`
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`Ex.1016
`CISCO SYSTEMS, INC. / Page 4 of 4
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