Case 1:23-cv-00548-OLG Document 26 Filed 08/11/23 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`THL Holding Company, LLC,
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`v.
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`Apple, Inc.
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`Plaintiff,
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`Case No. 1:23-cv-548-OLG
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`Defendant.
`
`JURY TRIAL DEMANDED
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`SCHEDULING ORDER
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court issues the following
`Scheduling Order:
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`The party asserting claims for relief shall submit a written offer of settlement to opposing
`1.
`parties by MAY 30, 2023 and each opposing party shall respond, in writing, by JUNE 13, 2023.
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`Plaintiff shall serve its Disclosure of Asserted Claims and Infringement Contentions on
`2.
`all Defendants by MAY 30, 2023.
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`A report on alternative dispute resolution in compliance with Local Rule CV-88 shall be
`3.
`filed by JUNE 12, 2023. REGARDLESS OF WHETHER THE PARTIES CONCLUDE THAT
`ADR IS APPROPRIATE OR NOT, THE PARTIES SHALL INCLUDE THE NAME,
`ADDRESS AND TELEPHONE NUMBER OF A COURT APPROVED MEDIATOR OR A
`MEDIATOR AGREED UPON BY BOTH PARTIES IN THEIR ADR REPORT. A list of court-
`approved neutrals and alternative dispute resolution summary form may be obtained at
`http://www.txwd.uscourts.gov/forms/mediator.asp. If you do not have access to the internet, you
`may call the United States District Clerk's office at (210) 472-6550 to obtain a copy.
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`The parties shall file all motions to amend or supplement pleadings or to join additional
`4.
`parties by JUNE 26, 2023.
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`5.
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`Defendants shall serve their Invalidity Contentions on Plaintiff by JULY 13, 2023.
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`On JULY 27, 2023, the parties shall exchange, but not file, a list of claim
`6.
`term(s)/phrase(s) requiring construction.
`
`1
`
`CLERK, U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`
`BY: ________________________________
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`FILED
`
`DEPUTY
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`August 11, 2023
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`NM
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`Case 1:23-cv-00548-OLG Document 26 Filed 08/11/23 Page 2 of 3
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`On AUGUST 10, 2023, the parties shall exchange, but not file, proposed claim
`7.
`constructions for the term(s)/phrase(s) exchanged on June 26, 2023, including disclosure of any
`extrinsic evidence which supports their construction, including the identity and report of any
`expert witness upon which they may rely upon with respect to claim construction or
`indefiniteness.
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`No later than AUGUST 17, 2023, the parties shall identify any rebuttal extrinsic
`8.
`evidence, including the identity and report of any expert witness upon which they may rely upon.
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`No later than AUGUST 24, 2023, the parties shall meet and confer regarding their
`9.
`respective proposed constructions in an effort to resolve any disputes regarding the proposed
`constructions identified on July 10, 2023.
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`On AUGUST 31, 2023, the parties shall file a Joint Claim Construction Chart that
`10.
`identifies for the Court the term(s)/phrase(s) of the claim(s) at issue, and should include each
`party’s proposed construction of the disputed claim language with citation(s) only to the intrinsic
`evidence in support of their respective proposed constructions. A copy of the patent at issue as
`well as those portions of the intrinsic record relied upon shall be submitted with this Joint Claim
`Construction Chart. In this joint submission, the parties shall not provide argument.
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`The parties shall contemporaneously submit opening briefs on claim construction issues
`11.
`on SEPTEMBER 14, 2023.
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`The parties shall contemporaneously submit answering/responsive briefs on claim
`12.
`construction issues on OCTOBER 5, 2023.
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`This case is set for a Markman Hearing on MONDAY, DECEMBER 11, 2023, at 9:30
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`13.
`a.m.
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`Discovery shall commence timely and, except as to expert witnesses, shall be completed
`14.
`by MARCH 29, 2024. “Completed” means that requests for written discovery (i.e.,
`interrogatories, requests for production, requests for admission) must be served at least third (30)
`days prior to the established completion date so that responses will be due on or before the
`completion date. All subpoenas issued for discovery shall be returnable on or before the
`completion date. Counsel may by agreement continue discovery beyond the deadline, but there
`will be no intervention by the Court except in extraordinary circumstances, and no trial setting
`will be vacated because of information obtained in post-deadline discovery.
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`For each issue on which a party bears the burden of proof, the parties shall FILE their
`15.
`designation of testifying experts and SERVE on all parties, but not file, the materials required by
`Fed. R. Civ. P. 26(a)(2)(B) by APRIL 17, 2024. All designations of responsive experts shall be
`FILED, and the materials required by Fed. R. Civ. P. 26(a)(2)(B) for such responsive experts
`shall be SERVED by MAY 16, 2024.
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`2
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`Case 1:23-cv-00548-OLG Document 26 Filed 08/11/23 Page 3 of 3
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`An objection to the reliability of an expert's proposed testimony under Federal Rule of
`17.
`Evidence 702 shall be made by motion, specifically stating the basis for the objection and
`identifying the objectionable testimony by JUNE 12, 2024. All discovery of experts, and all
`depositions taken by the proponent of a witness for presentation in evidence in lieu of the
`appearance of the witness at trial, shall be concluded by MAY 30, 2024.
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`The parties shall mediate this case on or before JUNE 19, 2024, unless the parties seek
`18.
`an order from the Court excusing them from mediation.
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`All dispositive motions shall be filed no later than JUNE 27, 2024. Dispositive motions
`19.
`as defined in Local Rule CV-7(h) and responses to dispositive motions shall be limited to 20
`pages in length.
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`20.
`The parties shall exchange the pre-trial disclosures required by Local Rule CV- 16(e) by
`AUGUST 1, 2024.
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`The parties shall exchange objections to the disclosures set forth in paragraph 8 of this
`21.
`order by AUGUST 29, 2024.
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`This case is set for pretrial conference on TUESDAY, SEPTEMBER 3, 2024, at 9:30
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`22.
`a.m.
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`This case is set for jury selection and trial on MONDAY, SEPTEMBER 16, 2024, at
`23.
`9:30 a.m.
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`11th
`SIGNED AND ENTERED this ___ day of August, 2023.
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`_________________________________________
`ORLANDO L. GARCIA
`UNITED STATES DISTRICT JUDGE
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