Case 6:23-cv-00320-ADA Document 31 Filed 08/18/23 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`PROXENSE, LLC,
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`Civil Action No. 6:23-cv-00320-ADA
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`SCHEDULING ORDER
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`Pursuant to Federal Rule of Civil Procedure 16, the Court hereby ORDERS that the
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`following schedule will govern deadlines up to and including trial of this matter:
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`Deadline
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`Item
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`07-24-2023
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`Deadline for Plaintiff to serve preliminary infringement contentions.
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`07-31-2023
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`08-21-2023
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`09-18-2023
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`10-02-2023
`10-16-2023
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`Parties’ Proposed Date for Initial Case Management Conference
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`Deadline for Defendant to file a motion for inter-district transfer. After
`this deadline, movants must seek leave of Court and show good cause for
`the delay.
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`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.
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`Page 1 of 4
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`GOOGLE EXHIBIT 1008
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`Case 6:23-cv-00320-ADA Document 31 Filed 08/18/23 Page 2 of 4
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`
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`10-23-2023
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`10-30-2023
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`11-06-2023
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`12-01-2023
`12-20-2023
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`01-05-2024
`01-10-2024
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`01-19-20242
`1 business day after
`Markman hearing
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`6 weeks after
`Markman hearing
`8 weeks after
`Markman hearing
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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.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.
`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.
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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.
`Plaintiff files a Sur-Reply claim construction brief.
`Parties submit Joint Claim Construction Statement and email the law
`clerks an editable copy.
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`Parties submit optional technical tutorials to the Court and technical
`advisor (if appointed).
`Markman Hearing at 9:00 a.m.
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
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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.
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`1 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`2 All deadlines hereafter follow the original Markman hearing date and do not change if the Court delays the
`Markman hearing.
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`2
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`Case 6:23-cv-00320-ADA Document 31 Filed 08/18/23 Page 3 of 4
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`16 weeks after
`Markman hearing
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`26 weeks after
`Markman
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`30 weeks after
`Markman hearing
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`31 weeks after
`Markman hearing
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`35 weeks after
`Markman hearing
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`38 weeks after
`Markman hearing
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`39 weeks after
`Markman hearing
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`40 weeks after
`Markman hearing
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`42 weeks after
`Markman hearing
`44 weeks after
`Markman hearing
`8 weeks before trial
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`45 weeks after
`Markman hearing
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`
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`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.
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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. 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.
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`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,
`deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
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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.
`Serve objections to rebuttal disclosures; file Motions in limine.
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`3
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`Case 6:23-cv-00320-ADA Document 31 Filed 08/18/23 Page 4 of 4
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, 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
`Deadline to file replies to motions in limine.
`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.
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`Final Pretrial Conference. Held in person unless otherwise requested.
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`Jury Selection/Trial.
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`46 weeks after
`Markman hearing
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`47 weeks after
`Markman hearing
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`48 weeks after
`Markman hearing
`3 business days
`before Final Pretrial
`Conference.
`49 weeks after
`Markman hearing (or
`as soon as practicable)
`52 weeks after
`Markman hearing (or
`as soon as
`practicable)3
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`SIGNED this 18th day of August, 2023.
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`3 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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`4
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`Page 4 of 4
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