Case 6:24-cv-00143-ADA Document 29 Filed 07/03/24 Page 1 of 5
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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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`Plaintiff,
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`v.
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`APPLE INC.
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`Defendant.
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`Civil Action No. 6:24-cv-00143-ADA
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`JURY TRIAL REQUESTED
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`SCHEDULING ORDER
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`Pursuant to Federal Rule of Civil Procedure 16, the Court hereby ORDERS that
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`the following schedule will govern deadlines up to and including the trial of this matter.
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`Deadline
`6/15/24
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`6/18/24
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`7/12/24
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`7/2/24
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`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.
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`Case Management Conference deemed to occur
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`Deadline to file a motion to transfer. After this deadline, movants
`must seek leave of Court and show good cause for the delay.
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`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
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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
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`Case 6:24-cv-00143-ADA Document 29 Filed 07/03/24 Page 2 of 5
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`Deadline
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`8/15/24
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`8/20/24
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`9/3/24
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`9/10/24
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`9/17/24
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`9/24/24
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`Item
`agreement of the parties, the Plaintiff shall be responsible for the
`timely submission of this and other Joint filings.
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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).
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`Parties exchange claim terms for construction.
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`Parties exchange proposed claim constructions.
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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.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.
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`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
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`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
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`10/15/24
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`Plaintiff files Responsive claim construction brief.
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`10/29/24
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`Defendant files Reply claim construction brief.
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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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`Case 6:24-cv-00143-ADA Document 29 Filed 07/03/24 Page 3 of 5
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`Deadline
`10/29/24
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`Item
`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.
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`11/12/24
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`Plaintiff files a Sur-Reply claim construction brief.
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`11/15/24
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`Parties submit Joint Claim Construction Statement and email the law
`clerks an editable copy.
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`11/15/24
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`11/26/24
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`11/27/24
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`See General Issues Note #9 regarding providing copies of the briefing
`to the Court and the technical advisor (if appointed).
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`Parties submit optional technical tutorials to the Court and technical
`advisor (if appointed).
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`Markman Hearing at 9:00 a.m. This date is a placeholder and the
`Court may adjust this date as the Markman hearing approaches.
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`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
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`1/7/25
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`Deadline to add parties.
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`1/21/25
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`3/18/25
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`5/27/25
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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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`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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`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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`6/24/25
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`Close of Fact Discovery.
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`7/1/25
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`Opening Expert Reports.
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`Case 6:24-cv-00143-ADA Document 29 Filed 07/03/24 Page 4 of 5
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`Deadline
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`7/29/25
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`Rebuttal Expert Reports.
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`Item
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`8/19/25
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`Close of Expert Discovery.
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`8/26/25
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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.
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`9/2/25
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`Dispositive motion deadline and Daubert motion deadline.
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`See General Issues Note #9 regarding providing copies of the briefing
`to the Court and the technical advisor (if appointed).
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`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.
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`9/16/25
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, deposition designations).
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`9/30/25
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`10/7/25
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`Serve objections to rebuttal disclosures; file motions in limine.
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`10/14/25
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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
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`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),
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`Case 6:24-cv-00143-ADA Document 29 Filed 07/03/24 Page 5 of 5
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`Deadline
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`10/21/25
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`10/28/25
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`10/13/25
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`10/30/25
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`Item
`notification shall not be required until the Court grants leave, at which
`point the notification must be filed within seven (7) days.
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`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 file replies to motions in limine.
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`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
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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.
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`11/4/25
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`Final Pretrial Conference. Held in person unless otherwise requested.
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`12/8/25
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`Jury Selection/Trial.
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`SIGNED this 3rd day of July, 2024.
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`_____________________________________
`HONORABLE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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