`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`S.M.R INNOVATIONS LTD and
`Y.M.R TECH LTD,
`
`Civil Action No. 6:23-cv-00479-ADA
`
`Plaintiffs,
`
`JURY TRIAL DEMANDED
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`DATE
`July 17, 2024
`
`July 31, 2024
`August 14, 2024
`August 21, 2024
`
`August 28, 2024
`
`SCHEDULING ORDER
`
`EVENT
`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.1 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.
`
`1 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`EX2007, Page 1
`
`
`
`Case 6:23-cv-00479-ADA Document 67 Filed 07/23/24 Page 2 of 4
`
`October 24, 2024
`October 28, 2024
`
`October 29, 2024
`
`EVENT
`DATE
`September 5, 2024 Defendant files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
`September 26, 2024 Plaintiff files Responsive claim construction brief.
`October 10, 2024
`Defendant files Reply claim construction brief.
`October 10, 2024
`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 #9 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).
`November 8, 2024 Markman Hearing at 9:00 a.m. This date is a placeholder and the Court
`may adjust this date as the Markman hearing approaches.
`November 11, 2024 Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`December 18, 2024 Deadline to add parties.
`January 15, 2025
`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.)
`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.
`
`June 4, 2025
`June 18, 2025
`July 16, 2025
`August 6, 2025
`
`February 26, 2025
`
`May 7, 2025
`
`2
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`EX2007, Page 2
`
`
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`Case 6:23-cv-00479-ADA Document 67 Filed 07/23/24 Page 3 of 4
`
`August 20, 2025
`
`September 4, 2025
`
`DATE
`August 13, 2025
`
`EVENT
`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 #9 regarding providing copies of the briefing to
`the Court and the technical advisor (if appointed).
`Deadline for parties desiring to consent to trial before the magistrate
`judge to submit Form AO 85, “Notice, Consent, And Reference Of A
`Civil Action To A Magistrate Judge,” available at https://www.uscourts.
`gov/forms/civil-forms/notice-consent-and-reference-civil-action-
`magistrate-judge.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`deposition designations).
`September 18, 2025 Serve objections to pretrial disclosures/rebuttal disclosures.
`September 25, 2025 Serve objections to rebuttal disclosures; file motions in limine.
`October 2, 2025
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, deposition designations); file oppositions to
`motions in limine.
`From this date onwards, the parties are obligated to notify the Court of
`any changes to the asserted patents or claims. Such notification shall be
`filed on the docket within seven (7) days of the change and shall include
`a complete listing of all asserted patents and claims. If a change to the
`asserted patents or claims requires leave of court (for example, if a party
`is moving for leave to assert additional claims), notification shall not be
`required until the Court grants leave, at which point the notification must
`be filed within seven (7) days.
`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 file replies to motions in limine.
`Deadline to meet and confer regarding remaining objections and disputes
`on motions in limine.
`September 22, 2025 Parties to jointly email the Court’s law clerk (See OGP at 1) to confirm
`their pretrial conference and trial dates.
`
`October 9, 2025
`
`October 16, 2025
`
`3
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`EX2007, Page 3
`
`
`
`Case 6:23-cv-00479-ADA Document 67 Filed 07/23/24 Page 4 of 4
`
`DATE
`October 21, 2025
`
`October 24, 2025
`November 17, 2025
`
`EVENT
`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.
`
`SIGNED this 23rd day of July, 2024.
`
`4
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`EX2007, Page 4
`
`