Case 6:22-cv-00077-ADA Document 33 Filed 06/27/22 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`SPEIR TECHNOLOGIES LTD.,
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`Plaintiff,
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`Case No. 6:22-cv-00077-ADA
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`JURY TRIAL DEMANDED
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`v.
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`APPLE INC.,
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`Defendant.
`
`SCHEDULING ORDER
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
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`following schedule will govern deadlines up to and including the trial of this matter:
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`Deadline
`April 19, 2022
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`April 26, 2022
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`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.
`Case Management Conference
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`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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`1
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`APPLE 1030
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`

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`Case 6:22-cv-00077-ADA Document 33 Filed 06/27/22 Page 2 of 5
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`Deadline
`May 10, 2022
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`
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`June 14, 2022
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`
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`June 28, 2022
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`July 12, 2022
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`July 19, 2022
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`July 26, 2022
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`August 2, 2022
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`Item
`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 each
`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 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.
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`Parties exchange proposed claim constructions.
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`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.
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`Defendant files Opening claim construction brief,
`including any arguments that any claim terms are
`indefinite.
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`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-00077-ADA Document 33 Filed 06/27/22 Page 3 of 5
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`Deadline
`August 23, 2022
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`September 6, 2022
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`September 6, 2022
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`September 20, 2022
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`September 23, 2022
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`
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`September 23, 2022
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`October 4, 20223
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`October 5, 2022
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`November 15, 2022
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`November 29, 2022
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`January 24, 2023
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`Item
`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief.
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`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.
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`Plaintiff files a Sur-Reply claim construction brief.
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`Parties submit Joint Claim Construction Statement.
`See General Issues Note #7 regarding providing copies of
`the briefing to the Court and the technical advisor (if
`appointed).
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`Parties submit optional technical tutorials to the Court
`and technical advisor (if appointed).
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`Markman Hearing, 9:00 a.m.
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`Fact Discovery opens; deadline
`Disclosures per Rule 26(a).
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`to serve
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`Initial
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`Deadline to add parties.
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`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.)
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`3 All deadlines hereafter follow the original Markman hearing date and do not change if the
`Court delays the Markman hearing.
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`3
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`

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`Case 6:22-cv-00077-ADA Document 33 Filed 06/27/22 Page 4 of 5
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`Deadline
`April 4, 2023
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`May 2, 2023
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`May 9, 2023
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`June 6, 2023
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`June 27, 2023
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`July 5, 2023
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`July 11, 2023
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`July 25, 2023
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`August 8, 2023
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`August 8, 2023
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`August 15, 2023
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`Item
`Deadline for the first of two meet and confers to discuss
`significantly narrowing the number of claims asserted
`and the prior art references at issues. 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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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`Close of Expert Discovery.
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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. 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.
`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).
`Serve objections
`disclosures.
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`to pretrial disclosures/rebuttal
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`Parties to jointly email the Court’s law clerk (See OGP
`at 1) to confirm their pretrial conference and trial dates.
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`Serve objections to rebuttal disclosures and file Motions
`in limine.
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`4
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`

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`Case 6:22-cv-00077-ADA Document 33 Filed 06/27/22 Page 5 of 5
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`Deadline
`August 22, 2023
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`August 29, 2023
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`August 8, 2023
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`September 7, 2023
`3 business days before Final Pretrial
`Conference.
`September 12, 2023
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`Item
`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.
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`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.
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`Final Pretrial Conference. Held
`otherwise requested.
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`in person unless
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`October 3, 20234
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`Jury Selection/Trial.
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`SIGNED this 27th day of June, 2022.
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`________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4 If the actual trial date materially differs from the Court’s default schedule, the Court will
`consider reasonable amendments to the case schedule post-Markman that are consistent with the
`Court’s default deadlines in light of the actual trial date.
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`5
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