Case 6:22-cv-00288-ADA Document 33 Filed 10/01/22 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`FINTIV, INC.,
`
`Plaintiff,
`
`v.
`
`PAYPAL HOLDINGS, INC.,
`
`Defendant.
`
`Civil Action No. 6:22-cv-00288-ADA
`
`SCHEDULING ORDER
`
`Fintiv and PayPal
`Proposed Date
`
`Item
`
`OGP 4.1
`
`June 30, 2022
`
`June 23, 2022
`
`June 23, 2022
`
`Case Management Conference
`The 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.
`The 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.
`
`July 21, 2022
`
`July 21, 2022
`
`Deadline for Motions to Transfer.
`
`N/A
`N/A
`
`August 5, 2022
`August 19, 2022
`
`Fintiv’s Response to PayPal’s Motion to Dismiss
`PayPal Reply in support of its Motion to Dismiss
`
`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.
`
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`APPL-1018
`APPLE INC. / Page 1 of 5
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`

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`Case 6:22-cv-00288-ADA Document 33 Filed 10/01/22 Page 2 of 5
`
`OGP 4.1
`
`Fintiv and PayPal
`Proposed Date
`
`Item
`
`August 18, 2022
`
`
`August 25, 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, (2) technical documents, including
`software where applicable, sufficient to show the
`operation of the accused product(s).
`
`September 1, 2022
`
`September 1, 2022
`
`Parties exchange claim terms for construction.
`
`September 15, 2022 September 15, 2022
`
`Parties exchange proposed claim constructions.
`
`September 22, 2022
`
`
`September 22, 2022
`
`
`September 29, 2022
`
`
`September 29, 2022
`
`
`October 6, 2022
`
`
`October 6, 2022
`
`
`October 27, 2022
`
`October 27, 2022
`
`November 10, 2022 November 10, 2022
`
`Parties disclose extrinsic evidence. The parties
`shall disclose any extrinsic evidence, including
`the identity of any expert witness they may rely
`upon in their opening brief 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.
`
`November 25, 2022 November 25, 2022
`
`Plaintiff files Sur-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.
`
`
`
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`Case 6:22-cv-00288-ADA Document 33 Filed 10/01/22 Page 3 of 5
`
`OGP 4.1
`
`Fintiv and PayPal
`Proposed Date
`
`Item
`
`November 30, 2022 November 30, 2022
`
`December 1, 2022
`
`December 1, 2022
`
`Parties submit Joint Claim Construction
`Statement
`
`See General Issues Note #8 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 advisor (if appointed).3
`
`December 8, 2022
`
`December 8, 2022
`
`Markman hearing at 9:00 a.m. or 1:30 p.m.
`
`December 9, 2022
`
`December 9, 2022
`
`Fact Discovery opens; deadline to serve Initial
`Disclosures per Rule 26(a).
`
`January 19, 2023
`
`January 19, 2023
`
`Deadline to add parties.
`
`February 2, 2023
`
`February 2, 2023
`
`March 30, 2023
`
`March 30, 2023
`
`June 8, 2023
`
`June 8, 2023
`
`July 6, 2023
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`July 6, 2023
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`July 13, 2023
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`July 13, 2023
`
`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
`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. Opening expert reports
`shall be submitted by the party bearing the
`burden of proof e.g., Plaintiff will submit expert
`reports on issues of infringement and damages;
`defendant will submit expert reports on
`invalidity and/or inequitable conduct.
`
`August 10, 2023
`
`August 10, 2023
`
`Rebuttal Expert Reports.
`
`
`3 The parties should contact the law clerk to request a Box link so that the party can directly
`upload the file to the Court’s Box account.
`
`
`
`7
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`Case 6:22-cv-00288-ADA Document 33 Filed 10/01/22 Page 4 of 5
`
`OGP 4.1
`
`Fintiv and PayPal
`Proposed Date
`
`Item
`
`August 31, 2023
`
`August 31, 2023
`
`Close of Expert Discovery.
`
`September 7, 2023
`
`September 7, 2023
`
`September 14, 2023 September 14, 2023
`
`September 28, 2023 September 28, 2023
`
`October 12, 2023
`
`October 12, 2023
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`October 19, 2023
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`October 19, 2023
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`October 26, 2023
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`October 26, 2023
`
`November 2, 2023
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`November 2, 2023
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`November 13, 2023 November 13, 2023
`
`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. To the extent 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.
`Serve Pretrial Disclosures (jury instructions,
`exhibit lists, witness lists, discovery and
`deposition designations).
`Serve objections to pretrial disclosures/rebuttal
`disclosures.
`
`Serve objections to rebuttal disclosures and file
`motions in limine.
`
`File Joint Pretrial Order and Pretrial Submissions
`(jury instructions, exhibit 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.
`File joint notice identifying remaining objections
`to pretrial disclosures and disputes on motion in
`limine.
`
`November 16, 2023 November 16, 2023
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`Final Pretrial Conference.
`
`December 7, 2023
`
`November 30, 20234
`
`Jury Selection/Trial
`
`4 Counsel for Fintiv has a scheduled trial on December 11, 2023 in Delaware.
`
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`Case 6:22-cv-00288-ADA Document 33 Filed 10/01/22 Page 5 of 5
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`SIGNED this 1st day of October, 2022
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`APPL-1018
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