`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`GREENTHREAD, LLC,
`Plaintiff,
`
`
`v.
`
`CIRRUS LOGIC, INC.,
`Defendant.
`
`Deadline
`8/17/2023
`
`8/16/2023
`
`10/11/2023
`
`10/19/2023
`11/02/2023
`11/09/2023
`
`
`
`§
`§
`§
`§
`§
`§
`§
`
`SCHEDULING ORDER
`
`No. 1:23-CV-00369
`
`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 Scheduling
`Order briefly setting forth their respective positions on
`items where they cannot agree.
`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.
`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. With respect to items
`
`Greenthread Ex 2019, p.1 of 3
`Cirrus Logic, et. al. v. Greenthread
`
`
`
`Case 1:23-cv-00369-DC-DTG Document 29 Filed 08/18/23 Page 2 of 3
`
`11/16/2023
`
`11/23/2023
`
`12/14/2023
`12/28/2023
`1/11/2024
`1/16/2024
`1/18/2024
`
`1/26/2024 at 9:00 a.m.
`1/29/2024
`
`3/7/2024
`3/21/2024
`
`5/16/2024
`
`7/25/2024
`
`8/22/2024
`8/29/2024
`9/26/2024
`10/17/2024
`10/24/2024
`
`10/31/2024
`11/14/2024
`
`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.
`Plaintiff files a Sur-Reply claim construction brief.
`Parties submit Joint Claim Construction Statement.
`Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).
`Markman Hearing.
`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 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 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 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, exhibits lists,
`
`Greenthread Ex 2019, p.2 of 3
`Cirrus Logic, et. al. v. Greenthread
`
`
`
`Case 1:23-cv-00369-DC-DTG Document 29 Filed 08/18/23 Page 3 of 3
`
`11/28/2024
`12/05/2024
`
`12/12/2024
`
`12/19/2024
`
`11/28/2024
`
`12/30/2024
`
`1/10/2025 at 1:30 p.m.
`2/10/2025 at 8:00 a.m.
`
`
`witness lists, discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`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
`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
`Parties to contact Court 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.
`Jury Selection/Trial.
`
`
`
`
`
`
`
`
`
`
`
`It is so ORDERED.
`
`SIGNED this 18th day of August, 2023.
`
`
`
`DAVID COUNTS
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`Greenthread Ex 2019, p.3 of 3
`Cirrus Logic, et. al. v. Greenthread
`
`