Case 6:22-cv-00634-ADA-DTG Document 17 Filed 10/24/22 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CloudofChange, LLC,
`Plaintiff,
`
`v.
`Clover Network, Inc.,
`Defendant.
`
`Case No. 6:22-CV-00634-ADA-DTG
`
`JURY TRIAL DEMANDED
`
`SCHEDULING ORDER
`
`Event
`Date
`September 23, 2022 Case Readiness Status Report (“CRSR”) filed.
`
`September 30, 2022 Plaintiff shall serve 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
`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.
`
`October 7, 2022
`
`Case Management Conference deemed to occur.
`
`October 21, 2022
`
`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.
`
`CLOVER NETWORK 1028
`
`

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`Case 6:22-cv-00634-ADA-DTG Document 17 Filed 10/24/22 Page 2 of 4
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`Date
`December 16, 2022
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`
`
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`January 5, 2023
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`January 12, 2023
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`January 20, 2023
`
`
`January 27, 2023
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`February 3, 2023
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`February 24, 2023
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`March 10, 2023
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`March 10, 2023
`
`Event
`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.
`
`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.
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`March 24, 2023
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`March 27, 2023
`
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`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).
`March 31, 2023
`Parties submit optional technical tutorials to the Court and technical
`
`adviser (if appointed).
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
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`2
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`

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`Case 6:22-cv-00634-ADA-DTG Document 17 Filed 10/24/22 Page 3 of 4
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`Date
`April 10, 2023
`
`April 11, 2023
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`May 22, 2023
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`June 5, 2023
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`July 31, 2023
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`October 9, 2023
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`November 6, 2023
`
`Event
`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 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 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.
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`November 13, 2023 Opening Expert Reports.
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`December 18, 2023 Rebuttal Expert Reports.
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`January 22, 2024
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`Close of Expert Discovery.
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`January 22, 2024
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`January 25, 2024
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`February 12, 2024
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`February 26, 2024
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`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 adviser (if appointed).
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`March 4, 2024
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`Serve objections to rebuttal disclosures; file Motions in limine.
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`3
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`

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`Case 6:22-cv-00634-ADA-DTG Document 17 Filed 10/24/22 Page 4 of 4
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`Date
`March 11, 2024
`
`March 18, 2024
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`8 weeks before trial
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`March 29, 2024
`
`Event
`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.
`Parties to jointly email the Court’s law clerk (See OGP at 1) to
`confirm their pretrial conference and trial dates.
`File
`joint notice
`identifying remaining objections
`disclosures and disputes on motions in limine.
`
`to pretrial
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`April 1, 2024
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`Final Pretrial Conference. Held in person unless otherwise requested.
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`April 22, 2024
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`Jury Selection/Trial.
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`SIGNED this (cid:21)(cid:23)(cid:87)(cid:75) day of (cid:50)(cid:70)(cid:87)(cid:82)(cid:69)(cid:72)(cid:85) 2022.
`
`
`__________________________________ _________________________________ _____________________________________________________________ __________
`
`HON. DEREK T. GILLILANDHONNNNNN DEREKKKKKKKKKKKKKKKKK TTTTTTTTT GILLLLLLLLLLLLLLLLLLLILAND
`UNITED STATES MAGISTRATE JUDGE
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`4
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