Case 6:20-cv-00272-ADA Document 99 Filed 06/26/23 Page 1 of 7
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`CIVIL ACTION NO. 6:20-cv-272-ADA
`
`
`VOIP-PAL.COM, INC.
`Plaintiff,
`
`v.
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.,
`Defendants.
`
`
`
`
`
`
`JOINT MOTION FOR ENTRY OF FIRST AMENDED SCHEDULING ORDER
`
`On June 12, 2023, the Court ordered the parties to work with the Court’s law clerk to
`
`complete a proposed scheduling order. After meeting and conferring, the parties jointly submit the
`
`following proposed competing schedules for the remaining pretrial dates to be entered in this case:
`
`VoIP-Pal’s Proposed
`Dates
`No stay1
`
`Amazon’s Proposed
`Dates
`Stay of the case until the
`resolution of the pending
`reexamination given that
`all asserted claims
`currently stand rejected
`and the parties do not
`know if any claims will
`survive, and if so, how
`
`Event
`
`Stay of the case
`
`
`1 VoIP-Pal does not agree that it is appropriate for Amazon to seek a stay of the case by this filing.
`VoIP-Pal maintains that if Amazon wishes to seek a stay, then it should be required to file a separate
`motion.
`
`
`
`1
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`CIVIL ACTION NO. 6:20-cv-272-ADA
`
`
`VOIP-PAL.COM, INC.
`Plaintiff,
`
`v.
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.,
`Defendants.
`
`
`
`
`
`
`JOINT MOTION FOR ENTRY OF FIRST AMENDED SCHEDULING ORDER
`
`On June 12, 2023, the Court ordered the parties to work with the Court’s law clerk to
`
`complete a proposed scheduling order. After meeting and conferring, the parties jointly submit the
`
`following proposed competing schedules for the remaining pretrial dates to be entered in this case:
`
`VoIP-Pal’s Proposed
`Dates
`No stay1
`
`Amazon’s Proposed
`Dates
`Stay of the case until the
`resolution of the pending
`reexamination given that
`all asserted claims
`currently stand rejected
`and the parties do not
`know if any claims will
`survive, and if so, how
`
`Event
`
`Stay of the case
`
`
`1 VoIP-Pal does not agree that it is appropriate for Amazon to seek a stay of the case by this filing.
`VoIP-Pal maintains that if Amazon wishes to seek a stay, then it should be required to file a separate
`motion.
`
`
`
`1
`
`
`
`Case 6:20-cv-00272-ADA Document 99 Filed 06/26/23 Page 2 of 7
`
`
`
`VoIP-Pal’s Proposed
`Dates
`
`August 1, 2023
`
`August 15, 2023
`
`Amazon’s Proposed
`Dates
`such claims will be
`amended.2
`6 weeks after the
`conclusion of the
`reexamination
`8 weeks after the
`conclusion of the
`reexamination
`
`October 10, 2023
`
`December 19, 2023
`
`16 weeks after the
`conclusion of the
`reexamination
`
`26 weeks after the
`conclusion of the
`reexamination
`
`January 16, 2024
`
`30 weeks after the
`conclusion of the
`
`Event
`
`Deadline to add parties
`
`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.
`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.)
`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.
`
`Close of Fact Discovery.
`
`
`2 In Reexamination Control No. 90/019,124, the United States Patent Office issued an Office Action
`on April 24, 2023, in which it found all asserted claims of the ’606 patent invalid. VoIP-Pal was
`given two months to respond to that Office Action
`
`
`
`2
`
`
`
`Case 6:20-cv-00272-ADA Document 99 Filed 06/26/23 Page 3 of 7
`
`VoIP-Pal’s Proposed
`Dates
`
`January 23, 2024
`
`February 20, 2024
`
`March 12, 2024
`
`March 19, 2024
`
`Amazon’s Proposed
`Dates
`reexamination
`31 weeks after the
`conclusion of the
`reexamination
`35 weeks after the
`conclusion of the
`reexamination
`38 weeks after the
`conclusion of the
`reexamination
`39 weeks after the
`conclusion of the
`reexamination
`
`March 26, 2024
`
`40 weeks after the
`conclusion of the
`reexamination
`
`April 9, 2024
`
`April 23, 2024
`
`42 weeks after the
`conclusion of the
`reexamination
`
`44 weeks after the
`conclusion of the
`reexamination
`
`3
`
`Event
`
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`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.
`Dispositive motion deadline and
`Daubert motion deadline.
`
`See General Issues Note #7
`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.
`
`
`
`
`
`
`
`Case 6:20-cv-00272-ADA Document 99 Filed 06/26/23 Page 4 of 7
`
`Event
`
`Serve objections to rebuttal
`disclosures; 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 file replies to motions
`in limine.
`Parties jointly email the Court’s
`law clerk (See OGP at 1) to
`confirm their pretrial conference
`and trial dates
`File joint notice identifying
`remaining objections to pretrial
`disclosures and disputes on
`motions in limine.
`
`Final Pretrial Conference. Held in
`person unless otherwise requested.
`
`VoIP-Pal’s Proposed
`Dates
`April 30, 2024
`
`May 7, 2024
`
`Amazon’s Proposed
`Dates
`45 weeks after the
`conclusion of the
`reexamination
`46 weeks after the
`conclusion of the
`reexamination
`
`May 14, 2024
`
`47 weeks after the
`conclusion of the
`reexamination
`
`8 weeks before trial
`
`8 weeks before trial
`
`May 16, 2024
`
`3 business says before the
`Final Pretrial Conference
`
`May 21, 2024
`
`49 weeks after the
`conclusion of the
`reexamination (or as soon
`as practicable thereafter)
`
`4
`
`
`
`
`
`
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`Case 6:20-cv-00272-ADA Document 99 Filed 06/26/23 Page 5 of 7
`
`VoIP-Pal’s Proposed
`Dates
`May 28, 2024 (or as soon
`as practicable)3
`
`Amazon’s Proposed
`Dates
`52 weeks after the
`conclusion of the
`reexamination (or as soon
`as practicable thereafter)
`
`Event
`
`Jury Selection/Trial
`
`
`
`
`
`
`3 If the actual trial date materially differs from the Court’s default schedule, the Court will consider
`reasonable amendments to the case schedule post-Markman that are consistent with the Court’s
`default deadlines in light of the actual trial date.
`
`
`
`
`5
`
`
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`Case 6:20-cv-00272-ADA Document 99 Filed 06/26/23 Page 6 of 7
`
`
`
`Dated: June 26, 2023
`
`Respectfully submitted,
`
`/s/Lewis E. Hudnell, III
`Lewis E. Hudnell, III
`lewis@hudnelllaw.com
`Nicolas S. Gikkas
`nick@hudnelllaw.com
`Hudnell Law Group P.C.
`800 W. El Camino Real Suite 180
`Mountain View, California 94040
`T: 650.564.3698
`F: 347.772.3034
`
`Sean Franklin Parmenter
`sean@parmenterip.com
`Parmenter Intellectual Property Law,
`PLLC
`8980 N Pine Hollow Drive
`Cedar Hills, Utah 84062
`T: 925.482.6515
`
`ATTORNEYS FOR PLAINTIFF
`VOIP-PAL.COM, INC.
`
`
`
`
`
`
`/s/ Daniel T. Shvodian (with permission)
`M. Craig Tyler
`Texas Bar No. 00794762
`CTyler@perkinscoie.com
`PERKINS COIE LLP
`500 W 2nd St, Suite 1900
`Austin, TX 78701-4687
`Tel: (737) 256-6113
`Fax: (737) 256-6300
`
`Daniel T. Shvodian (Pro Hac Vice)
`dshvodian@perkinscoie.com
`Christopher Kelley (Pro Hac Vice)
`ckelley@perkinscoie.com
`James F. Valentine
`jvalentine@perkinscoie.com
`PERKINS COIE LLP
`3150 Porter Drive
`Palo Alto, CA 94304-1212
`Tel: 650.838.4300
`Fax: 650.838.4350
`
`ATTORNEYS FOR DEFENDANTS
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.
`
`
`
`
`
`
`6
`
`
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`Case 6:20-cv-00272-ADA Document 99 Filed 06/26/23 Page 7 of 7
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served with a copy of the forgoing JOINT MOTION FOR ENTRY OF
`FIRST AMENDED SCHEDULING ORDER via the Court’s CM/ECF system pursuant to the
`Federal Rules of Civil Procedure and Local Rule CV-5(b)(1) this 26th day of June, 2023.
`
`
`
`
`
`
`
`
`
`
`
`By: /s/Lewis E. Hudnell, III
`Lewis E. Hudnell, III
`
`7
`
`
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