Case 1:20-cv-00692-ADA Document 66 Filed 03/17/21 Page 1 of 5
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`RAVGEN, INC.,
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`Civil Action No. 1:20-cv-00692-ADA
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`v.
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`NATERA, INC. AND NSTX, INC.,
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`Defendants.
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`AMENDED SCHEDULING ORDER
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`IT IS HEREBY ORDERED that the above entitled and numbered case will be
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`governed by the following amended schedule:
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`Date
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`Event
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`December 18, 2020
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`Defendants identify any new terms for construction raised by
`Plaintiff’s amended preliminary infringement contentions.
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`Note that Defendants have already proposed (and Plaintiff has
`briefed) eight terms for construction, which is the maximum
`allowed under the parties’ Proposed Updated Order Governing
`Proceedings. Thus, to the extent Defendants identify
`additional terms based on Plaintiffs’ amended preliminary
`infringement contentions, Defendants must also identify which
`of the previously-identified eight terms it intends to drop.
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`December 22, 2020
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`Parties exchange proposed claim constructions for new claim
`terms identified by Defendants.
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`December 23, 2020
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`Parties disclose extrinsic evidence for new claim terms. 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.1With respect to
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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.
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`UNITED STATES DISTRICT
`COURT WESTERN DISTRICT OF
`TEXAS AUSTIN DIVISION
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`

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`Case 1:20-cv-00692-ADA Document 66 Filed 03/17/21 Page 2 of 5
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`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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`December 28, 2020
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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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`January 5, 2021
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`Plaintiff files supplemental Opening claim construction brief
`to address any new terms, including any arguments that any
`claim terms are indefinite.
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`January 11, 2021
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`Defendant files Responsive claim construction brief.
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`January 18, 2021
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`Defendant shall serve amended preliminary invalidity
`contentions responsive to Plaintiff’s amended preliminary
`infringement 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, (2) technical
`documents, including CAD drawings and software where
`applicable, sufficient to show the operation of the accused
`product(s), and (3) summary, annual sales information for the
`accused product(s) for the prior two years, unless the parties
`agree to some other timeframe.
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`January 25, 2021
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`Plaintiff files Reply claim construction brief
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`February 5, 2021
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`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).2
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`February 7, 2021
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`Defendant files a Sur-Reply claim construction brief.
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`February 7, 2021
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`Parties submit Joint Claim Construction Statement.
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`Each party shall deliver to Chambers one (1) paper copy of its
`Opening, Response, Reply, and Sur-Reply briefs, omitting
`attachments, at least a week before the Markman hearing. Each
`party shall also provide an electronic copy of the briefs and
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`2 The parties should contact the law clerk to request a Box link so that the party can
`directly upload the file to the Court’s Box account
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`2
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`Case 1:20-cv-00692-ADA Document 66 Filed 03/17/21 Page 3 of 5
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`exhibits via cloud storage3 or USB drive. The parties should
`also include one (1) paper copy of all patents-in-suit and the
`Joint Claim Construction Statement. To the extent the Court
`appoints a technical adviser, each party shall deliver the same
`to the technical adviser.
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`February 12, 2021
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`Markman hearing at 9 a.m. (Dkt. 38)
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`February 15, 2021
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a)
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`April 1, 2021
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`Deadline to add parties.
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`April 29, 2021
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`May 7, 2021
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`June 3, 2021
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`Deadline to serve Final Infringement and Invalidity
`Contentions.4 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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`July 1, 2021
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`Close of Fact Discovery.
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`July 15, 2021
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`Opening Expert Reports.
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`3 The parties should contact the law clerk to request a Box link so that the party can directly
`upload the files to the Court’s Box account. The filenames for any exhibits should be a
`description of the exhibit, e.g., “U.S. Patent No. 10,000,000” or “Prosecution history for
`10,000,000 (January 20, 2020, Office Action).”
`4 The parties may amend preliminary infringement contentions and preliminary invalidity
`contentions without leave of the 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.
`3
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`

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`Case 1:20-cv-00692-ADA Document 66 Filed 03/17/21 Page 4 of 5
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`August 12, 2021
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`Rebuttal Expert Reports.
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`September 2, 2021
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`Close of Expert Discovery.
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`September 9, 2021
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`Deadline for the second of two meet and confer 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.
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`September 16, 2021
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`Dispositive motion deadline and Daubert motion deadline.
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`Each party shall deliver to Chambers one (1) paper copy of its
`Opening, Response, Reply, and Sur-Reply briefs, omitting
`attachments, at least a week before the hearing. Each party
`shall also provide an electronic copy of the briefs and exhibits
`via cloud storage5 or USB drive.
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`September 30, 2021
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`Serve Pretrial Disclosures (jury instructions, exhibit list,
`witness lists, discovery and deposition designations).
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`October 14, 2021
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`October 21, 2021
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`October 28, 2021
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`November 8, 2021
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`Serve objections to rebuttal disclosures and File Motions in
`limine.
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`File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibit lists, witness lists, discovery and
`deposition designations); file oppositions to motions in limine.
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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 e-mail the
`Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com.
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`5 The parties should contact the law clerk to request a Box link so that the party can directly
`upload the files to the Court’s Box account. The filenames for any exhibits should be a
`description of the exhibit, e.g., “U.S. Patent No. 10,000,000” or “Prosecution history for
`10,000,000 (January 20, 2020, Office Action).”
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`4
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`Case 1:20-cv-00692-ADA Document 66 Filed 03/17/21 Page 5 of 5
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`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
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`November 15, 2021
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`November 18, 2021
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`Final Pretrial Conference. The Court expects to set this date at
`the conclusion of the Markman hearing.
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`December 13, 2021
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`Jury Selection/Trial (September 7, 2020 email from Joshua Yi
`to counsel). The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`ORDERED this ___ day of __________, 2021.
`17th
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`March
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`______________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`5
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