`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Case No. 6:22-CV-00634-ADA
`
`JURY TRIAL DEMANDED
`
`CloudofChange, LLC,
`Plaintiff,
`
`v.
`Clover Network, Inc.,
`Defendant.
`
`JOINT MOTION TO AMEND SCHEDULING ORDER
`
`Pursuant to the Court’s Standing Order Regarding Motions for Extension of Time
`
`(December 5, 2022), the Court’s Standing Order Governing Proceedings (OGP) 4.2 – Patent Cases,
`
`and the Agreed Scheduling Order (Dkt. 17), Plaintiff CloudofChange, LLC (“Plaintiff”) and
`
`Defendant Clover Network, LLC (“Defendant”) (collectively, “the Parties”) request that the Court
`
`amend the scheduling order in view of the Markman exchanges.1
`
`The Court has scheduled a Markman Hearing on April 10, 2023 at 9:00 A.M. CST.
`
`Dkt. 17, p. 3. The Parties agree that there is no longer a need for the Markman Hearing to take
`
`place because, after Defendant identified claim terms to construe, Plaintiff dropped all the
`
`dependent claims containing the terms for which Defendant sought construction. That is, there are
`
`no claim terms remaining that require the Court’s construction.
`
`The changes to the Agreed Scheduling Order are as follows (all other dates remain
`
`unchanged):
`
`1 Defendant’s venue motion is pending and the Parties are engaged in venue discovery at this
`time. The parties therefore request that the April 11, 2023 date for fact discovery opening
`remain unchanged at this time, subject to later adjustment based on the status of the pending
`venue motion. See Dkt. 17, p. 3.
`
`
`
`Case 6:22-cv-00634-ADA-DTG Document 55 Filed 02/02/23 Page 2 of 3
`
`Current Date
`
`January 27, 2023
`
`New Date
`
`Cancelled
`
`February 3, 2023
`
`
`February 24, 2023
`March 10, 2023
`March 10, 2023
`
`
`Cancelled
`
`Cancelled
`Cancelled
`Cancelled
`
`March 24, 2023
`March 27, 2023
`
`Cancelled
`Cancelled
`
`March 31, 2023
`
`April 10, 2023
`
`Cancelled
`
`Cancelled
`
`Event
`
`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 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).
`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.
`
`The Parties request that the Court enter the attached First Amended Scheduling Order
`
`
`
`reflecting these changes.
`
`
`
`Dated: February 2, 2023
`
`By: /s/ J. Stephen Ravel (with permission)
`
`Respectfully submitted,
`
`/s/ John A. Yates
`
`
`
`
`
`J. Stephen Ravel
`Texas State Bar No. 16584975
`Kelly Ransom
`Texas State Bar No. 24109427
`
`KELLY HART & HALLMAN LLP
`303 Colorado, Suite 2000
`Austin, Texas 78701
`
`John A. Yates
`Texas State Bar No. 24056569
`jyates@pattersonsheridan.com
`B. Todd Patterson
`Texas State Bar No. 00789537
`tpatterson@pattersonsheridan.com
`Kyrie K. Cameron
`Texas State Bar No. 24097450
`
`
`
`Case 6:22-cv-00634-ADA-DTG Document 55 Filed 02/02/23 Page 3 of 3
`
`Tel: (512) 495-6429
`steve.ravel@kellyhart.com
`kelly.ransom@kellyhart.com
`
`Attorneys for Defendant
`Clover Network, Inc.
`
`
`
`kcameron@pattersonsheridan.com
`Edgar N. Gonzalez
`Texas State Bar No. 24092431
`egonzalez@pattersonsheridan.com
`
`PATTERSON + SHERIDAN LLP
`24 Greenway Plaza, Suite 1600
`Houston, Texas 77046
`(Tel): 713-623-4844
`(Fax): 713-623-4846
`Abelino “Abel” Reyna
`Texas State Bar No. 24000087
`areyna@pattersonsheridan.com
`Craig V. Depew
`Texas State Bar No. 05655820
`cdepew@pattersonsheridan.com
`
`PATTERSON + SHERIDAN LLP
`729 Washington Avenue, Suite 200
`Waco, Texas 76701
`(Tel): 254-777-5248
`(Fax): 877-777-8071
`
`Attorneys for Plaintiff
`CloudofChange, LLC
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing document was served on counsel of record
`on February 2, 2023.
`
`/s/ John A. Yates
`John A. Yates
`
`
`
`
`
`
`
`
`
`
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