Case 6:20-cv-00212-ADA Document 29 Filed 07/06/20 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Neodron, Ltd.
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`Plaintiff,
`
`v.
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`Apple Inc.,
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`Defendant.
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`§
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`Case No. 6:20-cv-212-ADA
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`Jury Trial Demanded
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`AGREED SCHEDULING ORDER
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`On June 19, 2019, the Court conducted a conference in the above entitled and numbered
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`case. All parties appeared through counsel. As a result of such hearing, and pursuant to Rule 16,
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`Federal Rules of Civil Procedure, the Court ORDERS that the following schedule will govern
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`deadlines up to and including the trial in this matter:
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`Deadline
`June 12, 2020
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`Item
`Plaintiff serves preliminary infringement1 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.
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`July 10, 2020
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`Deadline for Motions to Transfer
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`September 11, 2020
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`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
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`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
`reasonably upon identifying any such material. Any amendment to add claims requires leave of court so that the
`Court can address any scheduling issues.
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`

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`Case 6:20-cv-00212-ADA Document 29 Filed 07/06/20 Page 2 of 4
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`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 prior two years, unless the parties agree to
`some other timeframe.
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`September 21, 2020
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`Parties exchange claim terms for construction.
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`October 2, 2020
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`Parties exchange proposed claim constructions.
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`October 9, 2020
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`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 also provide a summary of the witness’s expected
`testimony including the opinions to be expressed and a general
`description of the basis and reasons therefore. A failure to
`summarize the potential expert testimony in a good faith,
`informative fashion may result in the exclusion of the proffered
`testimony. 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.
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`October 16, 2020
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`October 23, 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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`Parties file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
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`November 20, 2020
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`Parties file Responsive claim construction briefs.
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`December 11, 2020
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`Parties file Reply claim construction briefs.
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`December 18, 2020
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`Parties submit Joint Claim Construction Statement. In addition
`to filing, the parties shall jointly submit, via USB drive, cloud-
`storage, or email to the law clerk pdf versions of all as-filed
`briefing and exhibits. Absent agreement of the parties, the
`Plaintiff shall be responsible for the timely submission of this
`and other Joint filings.
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`January 15, 2021
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`Markman Hearing at 1:00 p.m.
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`

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`Case 6:20-cv-00212-ADA Document 29 Filed 07/06/20 Page 3 of 4
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`January 22, 2021
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
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`February 26, 2021
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`Deadline to add parties.
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`May 3, 2021
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`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.
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`May 28, 2021
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`Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or claims.
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`August 13, 2021
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`Close of Fact Discovery.
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`August 20, 2021
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`Opening Expert Reports.
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`September 17, 2021
`October 8, 2021
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`Rebuttal Expert Reports.
`Close of Expert Discovery.
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`October 15, 2021
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`Deadline to meet and confer to discuss narrowing the number of
`claims asserted and prior art references at issue. The parties
`shall file a Joint Report within 5 business days regarding the
`results of the meet and confer.
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`October 22, 2021
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`Dispositive motion deadline and Daubert motion deadline.
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`November 5, 2021
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`November 19, 2021
`December 3, 2021
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`December 10, 2021
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`Serve Pretrial Disclosures (jury instructions, exhibit lists,
`witness lists, discovery and deposition designations).
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`Serve objections to pretrial disclosures/rebuttal disclosures.
`Serve objections to rebuttal disclosures and File Motions in
`limine.
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`File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibits lists, witness lists, discovery and
`deposition designations); file oppositions to motions in limine.
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`December 17, 2021
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`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine
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`3 business days before
`Final Pretrial
`Conference.
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`

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`Case 6:20-cv-00212-ADA Document 29 Filed 07/06/20 Page 4 of 4
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`50 weeks after Markman
`hearing (or as soon as
`practicable)
`52 weeks after Markman
`hearing (or as soon as
`practicable)
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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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`Jury Selection/Trial. The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`SIGNED this day of , 2020.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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