Case 1:20-cv-00765-DAE Document 69 Filed 09/22/23 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`BANDSPEED, LLC,
`
`Plaintiff,
`
`v.
`
`REALTEK SEMICONDUCTOR
`CORPORATION,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`CASE NO. 1:20-cv-00765-LY
`
`AGREED SCHEDULING ORDER
`
`The parties recommend that the following deadlines be entered in the scheduling order to
`
`control the course of this case:
`
`1.
`
`2.
`
`3.
`
`4.
`
`The parties must mediate this case by November 15, 2023, and file a report in accordance
`
`with Rule 88 after the mediation in completed.
`
`The parties asserting non-declaratory claims for relief shall submit a written offer of
`
`settlement to opposing parties by October 6, 2023, and each opposing party shall respond,
`
`in writing, by October 27, 2023. All offers of settlement are to be private, not filed.
`
`The parties shall file all motions to join additional parties by March 28, 2024.
`
`The parties will meet and confer to discuss adding deadlines in the schedule for the
`
`narrowing of claims asserted and prior art references at issue. On or before October 6,
`
`2023, the parties will submit a further proposed scheduling order that addresses these
`
`issues. If the parties are unable to reach agreement, they will explain their positions to the
`
`Court and request the Court’s guidance.
`
`5.
`
`The parties shall complete all discovery on or before August 26, 2024. Counsel may by
`
`agreement continue discovery beyond the deadline, but there will be no intervention by the Court
`
`1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`BANDSPEED, LLC,
`
`Plaintiff,
`
`v.
`
`REALTEK SEMICONDUCTOR
`CORPORATION,
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CASE NO. 1:20-cv-00765-LY
`
`AGREED SCHEDULING ORDER
`
`The parties recommend that the following deadlines be entered in the scheduling order to
`
`control the course of this case:
`
`1.
`
`2.
`
`3.
`
`4.
`
`The parties must mediate this case by November 15, 2023, and file a report in accordance
`
`with Rule 88 after the mediation in completed.
`
`The parties asserting non-declaratory claims for relief shall submit a written offer of
`
`settlement to opposing parties by October 6, 2023, and each opposing party shall respond,
`
`in writing, by October 27, 2023. All offers of settlement are to be private, not filed.
`
`The parties shall file all motions to join additional parties by March 28, 2024.
`
`The parties will meet and confer to discuss adding deadlines in the schedule for the
`
`narrowing of claims asserted and prior art references at issue. On or before October 6,
`
`2023, the parties will submit a further proposed scheduling order that addresses these
`
`issues. If the parties are unable to reach agreement, they will explain their positions to the
`
`Court and request the Court’s guidance.
`
`5.
`
`The parties shall complete all discovery on or before August 26, 2024. Counsel may by
`
`agreement continue discovery beyond the deadline, but there will be no intervention by the Court
`
`1
`
`
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`Case 1:20-cv-00765-DAE Document 69 Filed 09/22/23 Page 2 of 4
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`except in extraordinary circumstances, and no trial setting will be vacated because of information
`
`obtained in post-deadline discovery.
`
`6.
`
`All parties with the initial burden of proof shall exchange opening expert reports (all
`
`materials required by Fed. R. Civ. P. 26(a)(2)(B)) by September 26, 2024. Parties will
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`exchange rebuttal expert reports (all materials required by Fed. R. Civ. P. 26(a)(2)(B)) by
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`November 7, 2024. All designations of rebuttal experts shall be designated within 28 days
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`of receipt of the report of the opposing expert.
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`7.
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`An objection to the reliability of an expert’s proposed testimony under Federal Rule of
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`Evidence 702 shall be made by motion, specifically stating the basis for the objection and
`
`identifying the objectionable testimony, within 30 days of receipt of the written report of
`
`the expert’s proposed testimony, or within 30 days of the expert’s deposition, if a
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`deposition in taken, whichever is later.
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`8.
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`9.
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`The parties shall complete all expert discovery on or before December 13, 2024.
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`All dispositive motions shall be filed no later than January 31, 2025. Dispositive motions
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`as defined in Local Rule CV-7(c) and responses to dispositive motions as defined in Local
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`Rule CV-7(d) shall be limited to twenty (20) pages in length. Replies, if any, shall be
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`limited to ten (10) pages in length in accordance with Local Rule CV-7(e). If the parties
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`elect not to file dispositive motions, they must contact the courtroom deputy on or
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`before this deadline in order to set a trial date.
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`10.
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`If required, a hearing on dispositive motions will be set by the Court after all responses and
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`replies have been filed.
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`11.
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`The Court will set this case for trial by separate order. The order will establish trial type
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`deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g).
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`2
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`Case 1:20-cv-00765-DAE Document 69 Filed 09/22/23 Page 3 of 4
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`12.
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`All of the parties who have appeared in the action conferred concerning the contents of the
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`proposed scheduling order on September 22, 2023, and the parties have agreed as to its
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`contents.
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`Dated: September 22, 2023
`
`
`
`Dated: September 22, 2023
`
`
`
`
`
`/s/ Adam G. Price
`Adam G. Price
`aprice@dinovoprice.com
`Michael Damian French
`mfrench@dinovoprice.com
`Christopher V. Goodpastor
`cgoodpastor@dinovoprice.com
`Gabriel R. Gervey
`ggervey@dinovoprice.com
`DINOVO PRICE LLP
`7000 North MoPac Expressway, Suite 350
`Austin, TX 78731
`Telephone: 512.539.2626
`Facsimile: 512.539.2627
`
`COUNSEL FOR PLAINTIFF
`BANDSPEED LLC
`
`/s/ Jeffrey L. Johnson
`Jeffrey L. Johnson
`State Bar No. 24029638
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`609 Main, 40th Floor
`Houston, TX 77002
`Telephone: 713.658.6400
`Facsimile: 713.658.6401
`jj@orrick.com
`
`Robert J. Benson
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`2050 Main, Suite 1100
`Irvine, CA 92614
`Telephone: 949.567.6700
`Facsimile: 949.567.6710
`rbenson@orrick.com
`
`3
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`
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`Case 1:20-cv-00765-DAE Document 69 Filed 09/22/23 Page 4 of 4
`
`Brooks Kenyon (admitted pro hac vice)
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`51 West 52nd St.
`New York, NY 10019
`Telephone: 212.506.5383
`bkenyon@orrick.com
`
`J. Mark Mann
`State Bar No. 12926150
`mark@themanfirm.com
`G. Blake Thompson
`State Bar No. 24042033
`blake@themannfirm.com
`MANN | TINDEL | THOMPSON
`112 East Line Street, Suite 304
`Tyler, TX 75702
`Telephone: 903.657.8540
`Facsimile: 903.657.6003
`
`ATTORNEYS FOR DEFENDANT REALTEK
`SEMICONDUCTOR CORPORATION
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on September 22, 2023, all counsel of record who are
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`deemed to have consented to electronic service are being served with a copy of this document
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`through the Court’s CM/ECF system under Local Rule CV-5(a)(3). Any other counsel of record
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`will be served by a facsimile transmission or first-class mail.
`
`/s/ Jeffrey L. Johnson
`Jeffrey L. Johnson
`
`4
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