Case 4:20-cv-00180-ALM Document 43-1 Filed 04/28/20 Page 1 of 5 PageID #: 1433
`
`APPENDIX A: PROPOSED CASE SCHEDULE
`
`Event
`
`P.R. 3-1 Disclosure of Asserted Claims
`and Infringement Contentions (and P.R.
`3-2 document production) to be served
`
`Join Additional Parties
`
`Mediation.
`
`Privilege Logs to be exchanged by
`parties (or a letter to the Court stating
`that there are no disputes as to claims of
`privileged documents).
`
`P.R. 3-3 Invalidity Contentions (and P.R.
`3-4 document production) to be served.
`To extent not already required to be
`disclosed, exchange Mandatory
`Disclosures on all issues, including
`damages.
`
`Parties to exchange proposed terms for
`construction and identify any claim
`element governed by 35 U.S.C. § 112, ¶
`6 (P.R. 4-1).
`
`Parties to exchange preliminary proposed
`claim construction and extrinsic evidence
`supporting same (P.R. 4-2).
`
`Parties’ Final Amended Pleadings
`(A motion for leave is required.)
`
`Joint Claim Construction and Prehearing
`Statement to be filed (P.R. 4-3). Provide
`an estimate of how many pages are
`needed to brief the disputed claims.
`
`Respond to Amended Pleadings
`
`Deadline
`
`May 21, 2020
`
`April 27, 2020
`
`30 days after entry of the claim construction order,
`or 90 days before the close of fact discovery,
`whichever occurs first
`
`May 18, 2020
`
`June 16, 2020
`
`June 23, 2020
`
`June 30, 2020
`
`June 22, 2020
`
`July 16, 2020
`
`July 13, 2020
`
`-1-
`
`
`
`APPENDIX A: PROPOSED CASE SCHEDULE
`
`Event
`
`P.R. 3-1 Disclosure of Asserted Claims
`and Infringement Contentions (and P.R.
`3-2 document production) to be served
`
`Join Additional Parties
`
`Mediation.
`
`Privilege Logs to be exchanged by
`parties (or a letter to the Court stating
`that there are no disputes as to claims of
`privileged documents).
`
`P.R. 3-3 Invalidity Contentions (and P.R.
`3-4 document production) to be served.
`To extent not already required to be
`disclosed, exchange Mandatory
`Disclosures on all issues, including
`damages.
`
`Parties to exchange proposed terms for
`construction and identify any claim
`element governed by 35 U.S.C. § 112, ¶
`6 (P.R. 4-1).
`
`Parties to exchange preliminary proposed
`claim construction and extrinsic evidence
`supporting same (P.R. 4-2).
`
`Parties’ Final Amended Pleadings
`(A motion for leave is required.)
`
`Joint Claim Construction and Prehearing
`Statement to be filed (P.R. 4-3). Provide
`an estimate of how many pages are
`needed to brief the disputed claims.
`
`Respond to Amended Pleadings
`
`Deadline
`
`May 21, 2020
`
`April 27, 2020
`
`30 days after entry of the claim construction order,
`or 90 days before the close of fact discovery,
`whichever occurs first
`
`May 18, 2020
`
`June 16, 2020
`
`June 23, 2020
`
`June 30, 2020
`
`June 22, 2020
`
`July 16, 2020
`
`July 13, 2020
`
`-1-
`
`
`
`Case 4:20-cv-00180-ALM Document 43-1 Filed 04/28/20 Page 2 of 5 PageID #: 1434
`
`Event
`
`Completion date for discovery on claim
`construction (P.R. 4-4).
`
`Opening claim construction brief (P.R. 4-
`5(a)).
`
`Responsive claim construction brief (P.R.
`4-5(b)).
`
`Reply claim construction brief (P.R. 4-
`5(c)).
`
`Submit technology synopsis/tutorial
`(both hard copy and disk).
`
`Parties to file joint claim construction
`and chart (P.R. 4-5(d)). Parties shall
`work together to agree on as many claim
`terms as possible.
`
`Deadline
`
`July 23, 2020
`
`August 7, 2020
`
`August 21, 2020
`
`August 28, 2020
`
`(Parties submit using -476 Action submissions)
`
`September 11, 2020
`
`Proposed Claim Construction hearing
`
`Monday, September 21, 2020 (subject to Court
`approval)
`
`Deadline for Initial Mandatory
`Disclosure of all persons, documents,
`data compilations and tangible things,
`which are relevant to a claim or defense
`of any party and which has not
`previously been disclosed. This deadline
`is not an extension of earlier deadlines
`set out in this court’s order or the Patent
`Rules, nor an excuse to delay disclosure
`of information. It is a “catchall” deadline
`for provision of all remaining
`information which may be relevant to a
`claim or defense of any party at trial.
`
`Parties with burden of proof to designate
`Expert Witnesses other than claims
`construction experts and provide their
`expert witness reports, to include for
`ALL experts all information set out in
`Rule 26(a)(2)(B).
`
`2
`
`October 1, 2020
`
`October 23, 2020
`
`
`
`Case 4:20-cv-00180-ALM Document 43-1 Filed 04/28/20 Page 3 of 5 PageID #: 1435
`
`Event
`
`Comply with P.R. 3-7. (Designation of
`Wilfulness Opinions).
`
`Parties to Designate Expert Witnesses on
`issues for which the parties do not bear
`the burden of proof, and provide their
`expert witness report, to include for ALL
`experts all information set out in Rule
`26(2)(B).
`Note: Objections to any expert,
`including Daubert motions, shall be
`filed within 3 weeks after the expert’s
`Report has been disclosed. Such
`objections and motions are limited to
`ten pages each.
`
`Discovery Deadline. All discovery must
`be served in time to be completed by this
`date.
`
`File Dispositive Motions and any other
`motions that may require a hearing.
`Regardless of how many dispositive
`motions a party files, each party is
`limited to a total of sixty pages for such
`motions. Each individual motion shall
`comply with Local Rule CV-7.
`Responses to motions shall be due in
`accordance with Local Rule CV-7(e).
`
`Deadline
`
`September 21, 2020
`
`November 13, 2020
`
`December 1, 2020
`
`December 21, 2020
`
`Notice of intent to offer certified records
`
`March 22, 2021
`
`Counsel and unrepresented parties are
`each responsible for contacting opposing
`counsel and unrepresented parties to
`determine how they will prepare the Joint
`Final Pretrial Order (See
`www.txed.uscourts.gov) and Proposed
`Jury Instructions and Verdict Form (or
`Proposed Findings of Fact and
`Conclusions of Law in nonjury cases).
`
`March 22, 2021
`
`3
`
`
`
`Case 4:20-cv-00180-ALM Document 43-1 Filed 04/28/20 Page 4 of 5 PageID #: 1436
`
`Event
`
`Deadline
`
`Video Deposition Designation due. Each
`party who proposes to offer a deposition
`by video shall serve on all other parties a
`disclosure identifying the line and page
`numbers to be offered. All other parties
`will have seven calendar days to serve a
`response with any objections and
`requesting cross examination line and
`page numbers to be included. Counsel
`must consult on any objections and only
`those which cannot be resolved shall be
`presented to the court. The party who
`filed the initial Video Deposition
`Designation is responsible for
`preparation of the final edited video in
`accordance with all parties designations
`and the court’s rulings on objections
`
`Motions in limine due
`File Joint Final Pretrial Order. Exchange
`Exhibits and deliver copies to the court.
`At this date, all that is required to be
`submitted to the court is a hyperlinked
`exhibit list on disk (2 copies) and no hard
`copies
`
`Response to motions in limine due
`File objections to witnesses, deposition
`extracts, and exhibits, listed in pre-trial
`order. (This does not extend the deadline
`to object to expert witnesses). If
`numerous objections are filed the court
`may set a hearing prior to docket call.
`File Proposed Jury Instructions/Form of
`Verdict (or Proposed Findings of Fact
`and Conclusions of Law).
`
`Final Pretrial Conference at 9:00 a.m. at
`the Paul Brown United States
`Courthouse, 101 E. Pecan Street,
`Sherman, Texas 75090.
`
`4
`
`March 29, 2021
`
`April 1, 2021
`
`April 15, 2021
`
`April 29, 2021
`
`
`
`Case 4:20-cv-00180-ALM Document 43-1 Filed 04/28/20 Page 5 of 5 PageID #: 1437
`
`Event
`
`10:00 a.m. Jury Selection and Trial at the
`Paul Brown United States Courthouse
`located at 101 East Pecan Street in
`Sherman, Texas.
`
`
`Deadline
`
`TBD
`
`5
`
`
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