throbber
Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`IDENTITY SECURITY LLC,
`
`Plaintiff,
`v.
`
`APPLE, INC.
`
`
`Defendant.
`
`Civil Action No. 6:21-CV-460-ADA
`
`Jury Trial Demanded
`
`SCHEDULING ORDER
`
`In accordance with the Court’s June 16, 2021 Amended Standing Order Regarding Notice
`
`
`
`
`
`
`
`of Readiness for Patent Cases, the case management conference in this case was deemed to have
`
`occurred on July 30, 2021. As a result of such hearing, and pursuant to Rule 16, Federal Rules of
`
`Civil Procedure and the Court’s Default Schedule, attached as Appendix A to the Court’s Order
`
`Governing Proceedings for Patent Cases, the Court ORDERS that the following schedule will
`
`govern deadlines up to and including the trial of this matter:
`
`Date
`7/23/21
`
`9/10/21
`
`Event
`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.
`
`Deadline for Motions to Transfer
`
`
`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.
`
`
`
`1
`
`

`

`Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 2 of 4
`
`9/17/21
`
`10/01/21
`10/15/21
`10/22/21
`
`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, (2) technical documents, including 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 two years
`preceding the filing of the Complaint, unless the parties agree to some other
`timeframe.
`Parties exchange claim terms for construction.
`Parties exchange proposed claim constructions.
`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.
`10/29/21 Deadline to meet and confer to narrow terms in dispute and exchange revised list
`of terms/constructions.
`11/05/21 Defendant files Opening claim construction brief, including any arguments that
`any claim terms are indefinite.
`Plaintiff files Responsive claim construction brief.
`12/03/21
`12/17/21 Defendant files Reply claim construction brief.
`12/31/21
`Plaintiff files Sur-Reply claim construction brief.
`01/07/22
`Parties submit Joint Claim Construction Statement.
`See General Issues Note #8 regarding providing copies of the briefing to the Court
`and the technical adviser (if appointed).
`Parties submit optional technical tutorials to the Court and technical adviser (if
`appointed).3
`01/14/22 Markman Hearing
`01/13/22
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`
`01/07/22
`
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`3 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.
`
`
`
`2
`
`

`

`Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 3 of 4
`
`10/28/22
`
`11/11/22
`11/18/22
`11/25/22
`
`02/18/22 Deadline to add parties.
`03/04/22 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.
`04/29/22 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.)
`07/08/22 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.
`08/05/22 Close of Fact Discovery
`08/12/22 Opening Expert Reports
`09/09/22 Rebuttal Expert Reports
`09/30/22 Close of Expert Discovery
`10/07/22 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.
`10/14/22 Dispositive motion deadline and Daubert motion deadline.
`See General Issues Note #8 regarding providing copies of the briefing to the Court
`and the technical adviser (if appointed).
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, discovery
`and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`Serve objections to rebuttal disclosures and File Motions in-limine.
`File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits lists,
`witness lists, discovery and 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 e-mail
`the Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com
`
`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.
`Final Pretrial Conference. The Court expects to set this date at the conclusion of
`the Markman Hearing.
`
`12/2/22
`
`12/13/22
`
`12/16/22
`
`
`
`3
`
`

`

`Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 4 of 4
`
`01/06/23
`
`Jury Selection/Trial. The Court expects to set this date at the conclusion of the
`Markman Hearing.
`
`
`
`SIGNED this 17th day of August, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`__________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`
`4
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket