Case 6:21-cv-01372-ADA Document 36 Filed 05/20/22 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOPIA TECHNOLOGY, INC.,
`
`Plaintiff,
`
`v.
`
`Civil Action No. 6:21-cv-01372-ADA
`
`BOX, INC., SAILPOINT TECHNOLOGIES
`HOLDINGS, INC. AND VISTRA CORP.,
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`AGREED SCHEDULING ORDER
`
`Date
`
`April 28, 2022
`
`May 19, 2022
`
`July 14, 2022
`
`Event
`
`Plaintiff serves preliminary 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.
`
`Defendant serves preliminary invalidity
`contentions in the form of (1) a chart setting
`forth where in the prior art references each
`1
`
`Topia Exhibit 2006
`Page 1 of 5
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOPIA TECHNOLOGY, INC.,
`
`Plaintiff,
`
`v.
`
`Civil Action No. 6:21-cv-01372-ADA
`
`BOX, INC., SAILPOINT TECHNOLOGIES
`HOLDINGS, INC. AND VISTRA CORP.,
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`AGREED SCHEDULING ORDER
`
`Date
`
`April 28, 2022
`
`May 19, 2022
`
`July 14, 2022
`
`Event
`
`Plaintiff serves preliminary 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.
`
`Defendant serves preliminary invalidity
`contentions in the form of (1) a chart setting
`forth where in the prior art references each
`1
`
`Topia Exhibit 2006
`Page 1 of 5
`
`
`
`Case 6:21-cv-01372-ADA Document 36 Filed 05/20/22 Page 2 of 5
`
`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. 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.
`
`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.
`
`Defendant files Opening claim construction
`brief, including any arguments that any claim
`terms are indefinite.
`
`2
`
`July 28, 2022
`
`August 11, 2022
`
`August 18, 2022
`
`August 18, 2022
`
`September 1, 2022
`
`Topia Exhibit 2006
`Page 2 of 5
`
`
`
`Case 6:21-cv-01372-ADA Document 36 Filed 05/20/22 Page 3 of 5
`
`September 22, 2022
`
`October 6, 2022
`
`October 6, 2022
`
`October 20, 2022
`
`October 24, 2022
`
`October 27, 2022
`
`November 3, 2022
`
`November 4, 2022
`
`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).
`
`Parties submit optional technical tutorials to
`the Court and 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).
`
`December 15, 2022
`
`Deadline to add parties.
`
`January 14, 2023
`
`February 23, 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
`
`3
`
`Topia Exhibit 2006
`Page 3 of 5
`
`
`
`Case 6:21-cv-01372-ADA Document 36 Filed 05/20/22 Page 4 of 5
`
`May 4, 2023
`
`June 1, 2023
`
`June 8, 2023
`
`July 11, 2023
`
`July 27, 2023
`
`August 3, 2023
`
`August 10, 2023
`
`August 24, 2023
`
`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.
`
`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).
`
`Serve Pretrial Disclosures (jury instructions,
`exhibits lists, witness lists, discovery and
`deposition designations).
`
`September 7, 2023
`
`Serve objections to pretrial
`disclosures/rebuttal disclosures.
`
`4
`
`Topia Exhibit 2006
`Page 4 of 5
`
`
`
`Case 6:21-cv-01372-ADA Document 36 Filed 05/20/22 Page 5 of 5
`
`September 21, 2023
`
`September 28, 2023
`
`December 4, 2023
`
`November 2, 2023 (TBD)
`
`December 4, 2023 (TBD)
`
`December 7, 2023 (TBD)
`
`Serve objections to rebuttal disclosures; 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.
`
`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 to pretrial disclosures and disputes
`on motions in limine.
`
`Final Pretrial Conference. Held in person
`unless otherwise requested.
`
`December 11, 2023
`
`Jury Selection/Trial.
`
`SIGNED this 20th day of May, 2022.
`
`5
`
`Topia Exhibit 2006
`Page 5 of 5
`
`
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