Case 6:22-cv-00149-ADA Document 31 Filed 06/27/22 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SPACETIME3D, INC.,
`
`Plaintiff,
`
` v.
`
`APPLE INC.,
`
`Defendant.
`
`Deadline
`
`5/5/2022
`
`5/26/2022
`
` Case No. 6:22-cv-00149
`
`JURY TRIAL DEMANDED
`
`SCHEDULE
`
`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 file a motion to enter 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.
`
`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
`
`APPLE 1050
`
`

`

`Case 6:22-cv-00149-ADA Document 31 Filed 06/27/22 Page 2 of 5
`
`6/13/2022
`
`Deadline to file a motion for inter-district transfer. After this deadline,
`movants must seek leave of Court and show good cause for the delay.
`
`7/14/2022
`
`
`7/28/2022
`
`8/11/2022
`
`8/18/2022
`
`
`8/25/2022
`
`
`9/1/2022
`
`9/22/2022
`
`10/6/2022
`
`
`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.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.
`Plaintiff files Responsive claim construction brief.
`
`Defendant files Reply claim construction brief.
`
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`
`
`2
`
`

`

`Case 6:22-cv-00149-ADA Document 31 Filed 06/27/22 Page 3 of 5
`
`10/6/2022
`
`
`10/22/2022
`
`10/25/2022
`
`
`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).
`
`10/27/2022
`
`
`Parties submit optional technical tutorials to the Court and technical
`advisor (if appointed).
`
`11/10/20223
`
`Markman Hearing at 9:00 a.m. This date is a placeholder and the
`Court may adjust this date as the Markman hearing approaches.
`
`1 business day after
`Markman hearing
`
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`
`6 weeks after
`Markman hearing
`
`8 weeks after
`Markman hearing
`
`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.
`
`16 weeks after
`Markman hearing
`
`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.)
`
`
`3 All deadlines hereafter follow the original Markman hearing date and do not change if the Court
`delays the Markman hearing.
`
`
`
`3
`
`

`

`Case 6:22-cv-00149-ADA Document 31 Filed 06/27/22 Page 4 of 5
`
`26 weeks after
`Markman hearing
`
`30 weeks after
`Markman hearing
`
`31 weeks after
`Markman hearing
`
` 37 weeks after
`Markman hearing
`
` 40 weeks after
`Markman hearing
`
` 41 weeks after
`Markman hearing
`
` 42 weeks after
`Markman hearing
`
`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).
`
` 44 weeks after
`Markman hearing
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
`
` 46 weeks after
`Markman hearing
`
` 47 weeks after
`Markman hearing
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Serve objections to rebuttal disclosures; file motions in limine.
`
`
`
`4
`
`

`

`Case 6:22-cv-00149-ADA Document 31 Filed 06/27/22 Page 5 of 5
`
` 48 weeks after
`Markman hearing
`
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations);
`file oppositions to motions in limine.
`
` 49 weeks after
`Markman hearing
`
`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.
`
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`
`8 weeks before trial
`
`Parties to jointly email the Court’s law clerk (see OGP at 1) to
`confirm their pretrial conference and trial dates.
`
`3 business days before
`Final Pretrial
`Conference
`To be determined by
`the Court
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`Final Pretrial Conference. Held in person unless otherwise
`requested.
`
`To be determined by
`the Court
`
`Jury Selection/Trial.
`
`SIGNED this 27th day of June, 2022.
`
`___________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`5
`
`