Case 6:20-cv-00636-ADA Document 125 Filed 09/08/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`DEMARAY LLC,
`
` Plaintiff,
`
`v.
`
`INTEL CORPORATION,
`
` Defendant.
`
`DEMARAY LLC,
`
` Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO.,
`LTD (A KOREAN COMPANY),
`SAMSUNG ELECTRONICS
`AMERICA, INC., SAMSUNG
`SEMICONDUCTOR, INC., and
`SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC,
`
` Defendants.
`
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`CIVIL ACTION NO. 6:20-CV-00634
`JUDGE ALBRIGHT
`
`CIVIL ACTION NO. 6:20-CV-00636
`
`JUDGE ALBRIGHT
`
`AMENDED SCHEDULING ORDER
`
`Whereas the parties have conferred regarding adjustments to the existing case schedule,
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`and whereas the parties have presented their respective proposals for the remaining schedule of
`
`deadlines before this Court, it is ORDERED that the following schedule of deadlines is in effect
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`until further order of this Court:
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`

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`Case 6:20-cv-00636-ADA Document 125 Filed 09/08/21 Page 2 of 4
`
`Date
`10/9/20
`
`11/6/20
`12/11/20
`
`12/23/20
`1/8/21
`1/15/21
`
`Deadline
`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
`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 prior two years, 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.
`
`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 claims requires leave of court so that the Court can address any scheduling issues.
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the
`other party.
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`- 2 -
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`

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`Case 6:20-cv-00636-ADA Document 125 Filed 09/08/21 Page 3 of 4
`
`Date
`1/18/21
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`2/5/21
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`2/10/21
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`2/16/21
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`2/23/21
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`3/9/21
`3/19/21
`3/29/21
`4/1/21
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`4/30/21
`6/15/21
`6/23/21
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`8/7/21
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`8/17/21
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`10/5/21
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`10/19/21
`
`11/23/21
`
`Deadline
`Deadline to meet and confer to narrow terms in dispute
`and exchange revised list of terms/constructions.
`Court ordered deadline for plaintiff to amend infringement
`contentions.
`Deadline for parties to meet and confer regarding
`additional claim construction terms/disputes.
`Parties file Opening claim construction briefs, including
`any arguments that any claim terms are indefinite.
`Deadline for plaintiff to file Responsive briefs to motions
`to transfer
`Defendant file Responsive claim construction brief
`Plaintiff file Reply claim construction brief
`Defendant files a Sur-Reply claim construction brief
`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).
`Deadline to add parties
`Fact discovery opens
`Deadline to serve initial disclosures
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed). The parties shall also
`jointly submit, via Box, pdf versions of all as-filed briefing
`and exhibits. 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.
`Markman Hearing at 10:00 a.m.
`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
`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
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`- 3 -
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`

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`Case 6:20-cv-00636-ADA Document 125 Filed 09/08/21 Page 4 of 4
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`Date
`1/7/22
`1/18/22
`2/11/22
`2/25/22
`
`2/25/22
`
`3/1/22
`3/8/22
`3/15/22
`3/22/22
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`3/29/22
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`4/5/22
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`4/15/22
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`4/19/22
`4/25/22
`
`Deadline
`Close of Fact Discovery
`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.
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, 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, 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
`Jury Selection/Trial
`
`SIGNED this
`
`8th
`
` day of September, 2021.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`- 4 -
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