Case 6:22-cv-00326-ADA Document 33 Filed 10/24/22 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOGAIL TECHNOLOGIES LTD.,
`
`Plaintiff,
`
`Case No. 6:22-cv-00326-ADA
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`Deadline
`10/03/2022
`
`10/10/2022
`10/24/2022
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`10/31/2022
`
`12/8/2022
`
`SCHEDULING ORDER
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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.
`Deemed Case Management Conference
`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.
`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 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
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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.
`
`Ex.1028
`APPLE INC. / Page 1 of 3
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`

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`Case 6:22-cv-00326-ADA Document 33 Filed 10/24/22 Page 2 of 3
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`12/22/2022
`1/5/2023
`1/12/2023
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`1/19/2023
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`1/26/2023
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`2/16/2023
`3/2/2023
`3/16/2023
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`3/16/2023
`3/21/2023
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`3/23/2023
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`3/30/2023
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`3/31/2023
`5/11/2023
`5/25/2023
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`7/20/2023
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`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 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).
`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.)
`
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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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`Ex.1028
`APPLE INC. / Page 2 of 3
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`Case 6:22-cv-00326-ADA Document 33 Filed 10/24/22 Page 3 of 3
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`9/28/2023
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`10/18/2023
`10/25/2023
`11/22/2023
`12/21/2023
`1/4/2024
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`1/11/2024
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`1/25/2024
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`2/8/2024
`2/8/2024
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`2/15/2024
`2/22/2024
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`2/29/2024
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`3/11/2024
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`3/14/2024
`4/1/2024
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`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.
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`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).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`Parties to jointly email the Court’s law clerk (See OGP at 1) to confirm
`their pretrial conference and trial dates.
`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
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`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 motions in limine.
`Final Pretrial Conference. Held in person unless otherwise requested.
`Jury Selection/Trial.
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`SIGNED this 24th day of October, 2022.
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`Ex.1028
`APPLE INC. / Page 3 of 3
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