Case 6:20-cv-00636-ADA Document 186 Filed 05/06/22 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`DEMARAY LLC,
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` PLAINTIFF,
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`v.
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`INTEL CORPORATION,
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` DEFENDANT.
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`DEMARAY LLC,
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` PLAINTIFF,
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`v.
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`CIVIL ACTION NO. 6:20-CV-00634
`JUDGE ALBRIGHT
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`CIVIL ACTION NO. 6:20-CV-00636
`JUDGE ALBRIGHT
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`§
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`SAMSUNG ELECTRONICS CO., LTD (A
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`KOREAN COMPANY), SAMSUNG
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`ELECTRONICS AMERICA, INC.,
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`SAMSUNG SEMICONDUCTOR, INC., and
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`SAMSUNG AUSTIN SEMICONDUCTOR,
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`LLC,
`§
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` DEFENDANTS.
`§
`THIRD REVISED SCHEDULING ORDER
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`Whereas the Court jointly emailed the Court seeking adjustments to the case
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`schedule, it is ORDERED that the following schedule of deadlines is in effect:
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`Date
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`5/2/22
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`6/15/22
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`Deadline
`Deadline pursuant to Discovery Order, ¶2, 1st sentence
`from the April 1, 2022 Hearing, 6:20-cv-634, Dkt. No.
`166.
`Deadline to serve Final Infringement Contentions based
`upon Defendants’ and their suppliers’ disclosures as of
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`Case 6:20-cv-00636-ADA Document 186 Filed 05/06/22 Page 2 of 3
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`Date
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`7/13/22
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`8/10/22
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`9/28/22
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`10/26/22
`11/10/22
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`Deadline
`June 1, 2022. Deadline for Defendants to serve Final
`Invalidity Contentions based on Plaintiff’s Infringement
`Contentions as of June 1, 2022. After this date, leave of
`Court is required for any amendment to
`Infringement/Invalidity contentions except as outlined
`below. This deadline does not relieve the Parties of their
`obligation to seasonably amend if new information is
`identified after initial contentions.
`Deadline to serve any supplemental Final Infringement
`Contentions based upon information ordered by the Court
`but not produced until after June 1, 2022.1 Deadline to
`serve any supplemental Final Invalidity Contentions based
`upon infringement theories in the Final Infringement
`Contentions not sufficiently disclosed by June 1, 2022.2
`After this date, leave of Court is required for any further
`amendment to Infringement/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
`Close of Fact Discovery
`Opening Expert Reports
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`1 Plaintiff Demaray expressly reserves the right to amend its Final Infringement Contentions
`after July 13, 2022, to address new information obtained from Defendants or their suppliers
`regarding the presence of any protective filters or alternative protective mechanisms, including
`through the inspection of power sources or other components. This includes, for example,
`depositions, inspection of cathode assemblies and power sources already addressed by the Court.
`See 4/1/22 Hr’ing Tr. at 17:1-11, 20:9-10 (6:20-cv-00634); 4/1/22 Hr’ing Tr. at 17:21-24, 18:9-
`15 (6:20-cv-00636). Defendants will endeavor in good faith to make any additional information
`ordered by the Court available by early-June. Defendants respond that any amendment to
`Demaray’s Final Infringement Contentions after this deadline will require leave of
`Court. Defendants reserve all rights with respect to whether leave should be granted at that time,
`including whether Demaray has been diligent in pursuing any discovery on which it
`subsequently seeks to rely. To the extent that Demaray is permitted to amend its Final
`Infringement Contentions after this deadline, Defendants expressly reserve the right to amend
`their Final Invalidity Contentions.
`2 See 12/16/21 Hr’ing Tr. at 37:23-40;25.
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`Case 6:20-cv-00636-ADA Document 186 Filed 05/06/22 Page 3 of 3
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`Date
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`12/21/22
`1/20/23
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`1/27/23
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`2/3/23
`2/17/23
`3/3/23
`3/10/23
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`3/17/23
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`3/17/23
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`3/24/23
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`4/4/23
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`4/7/23
`5/8/23
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`Deadline
`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
`Parties to jointly email the Court’s law clerk to confirm
`their pretrial conference and trial dates.
`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.
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`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
`Jury Selection/Trial
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`SIGNED this 6th day of May, 2022.
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`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`- 3 -
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