`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`THETA IP, LLC,
`
`Plaintiff,
`
`Case No. 6:23-cv-00314-ADA
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`SECOND AMENDED SCHEDULING ORDER
`
`Item
`
`Markman Hearing
`
`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 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.
`
`Existing Deadline New Deadline
`
`At the Court’s
`convenience
`
`At the Court’s
`convenience
`
`August 2, 2024
`
`October 4, 2024
`
`August 23, 2024
`
`October 25, 2024
`
`Close of Fact Discovery.
`
`October 11, 2024
`
`December 13, 2024
`
`Opening Expert Reports.
`
`November 12, 2024 January 17, 2025
`
`Rebuttal Expert Reports.
`
`December 20, 2024 February 21, 2025
`
`IPR2023-00817
`Theta EX2013
`
`
`
`Case 6:23-cv-00314-ADA Document 91 Filed 08/06/24 Page 2 of 3
`
`Item
`
`Existing Deadline New Deadline
`
`Close of Expert Discovery.
`
`January 10, 2025
`
`March 14, 2025
`
`January 17, 2025
`
`March 21, 2025
`
`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.
`
`January 31, 2025
`
`April 4, 2025
`
`See General Issues Note #7 regarding providing
`copies of the briefing to the Court and the
`technical adviser (if appointed).
`
`Serve Pretrial Disclosures (jury instructions,
`exhibit lists, witness lists, deposition designations).
`
`February 21, 2025 April 25, 2025
`
`Serve objections to pretrial disclosures/rebuttal
`disclosures.
`
`March 7, 2025
`
`May 9, 2025
`
`Serve objections to rebuttal disclosures; file
`Motions in limine.
`
`March 14, 2025
`
`May 16, 2025
`
`Parties to jointly email the Court’s law clerk (See
`OGP at 1) to confirm their pretrial conference and
`trial dates.
`
`File Joint Pretrial Order and Pretrial Submissions
`(jury instructions, exhibit lists, witness lists,
`deposition designations); file oppositions to
`motions in limine.
`
`March 3, 2025
`
`May 19, 2025
`
`(8 weeks before
`trial)
`
`March 21, 2025
`
`May 23, 2025
`
`IPR2023-00817
`Theta EX2013
`
`
`
`Case 6:23-cv-00314-ADA Document 91 Filed 08/06/24 Page 3 of 3
`
`Item
`
`Existing Deadline New Deadline
`
`March 28, 2025
`
`May 30, 2025
`
`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 file replies to motions in limine.
`
`Deadline to meet and confer regarding remaining
`objections and disputes on motions in limine.
`
`April 4, 2025
`
`June 4, 2025
`
`File joint notice identifying remaining objections
`to pretrial disclosures and disputes on motion in
`limine.
`
`Final Pretrial Conference. Held in person unless
`otherwise requested.
`
`Jury Selection/Trial.
`
`April 8, 2025
`
`June 10, 2025
`
`(3 business days
`before Final Pretrial
`Conference)
`
`April 11, 2025 or
`thereafter at the
`Court’s convenience
`
`June 23, 2025 or
`thereafter at the
`Court’s convenience
`
`May 12, 2025 or
`thereafter at the
`Court’s convenience
`
`July 14, 2025 or
`thereafter at the
`Court’s convenience
`
`
`
`SIGNED this 6th day of August, 2024
`
`IPR2023-00817
`Theta EX2013
`
`
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