Case 6:20-cv-00636-ADA Document 47 Filed 02/10/21 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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`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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`Defendants.
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`SAMSUNG ELECTRONICS CO., LTD (A
`KOREAN COMPANY), SAMSUNG
`ELECTRONICS AMERICA, INC.,
`SAMSUNG SEMICONDUCTOR, INC., and
`SAMSUNG AUSTIN SEMICONDUCTOR,
`LLC,
`
`CIVIL ACTION NO. 6:20-CV-00634
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`CIVIL ACTION NO. 6:20-CV-00636
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`SCHEDULING ORDER
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`Whereas the parties have agreed that version 3.2 of the Court’s Order Governing
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`Proceedings – Patent Cases is operative in the above-captioned cases, and in consideration
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`of the Court’s November 19, 2020 Standing Order Regarding Venue and Jurisdictional
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`Discovery Limits for Patent Cases and rulings on January 26, 2021 and January 28, 2021
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`regarding discovery and scheduling, it is ORDERED that the following schedule of
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`deadlines is in effect until further order of this Court:
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`Case 6:20-cv-00636-ADA Document 47 Filed 02/10/21 Page 2 of 4
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`
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`Date
`10/9/2020
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`11/6/20
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`12/11/2020
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`12/23/2020
`1/8/2021
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`1/15/2021
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`1/18/2021
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`2/5/2021
`2/10/2021
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`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.
`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.
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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 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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`Case 6:20-cv-00636-ADA Document 47 Filed 02/10/21 Page 3 of 4
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`2/16/2021
`2/23/2021
`3/9/2021
`3/19/2021
`3/29/2021
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`3/29/2021
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`3/30/2021
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`4/6/2021
`4/7/2021
`5/18/2021
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`6/1/2021
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`Plaintiff files Opening claim construction brief, including any arguments that
`any claim terms are not indefinite.
`Deadline for plaintiff to file Responsive briefs to motions to transfer
`Defendant files Responsive claim construction brief
`Plaintiff files 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).
`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 2:30 p.m.
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`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.
`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.
`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.
`10/15/2021 Dispositive motion deadline and Daubert motion deadline.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`10/26/2021
`designations).
`11/9/2021
`Serve objections to pretrial disclosures/rebuttal disclosures.
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`6/7/2021
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`7/9/2021
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`8/13/2021
`8/20/2021
`9/17/2021
`10/6/2021
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`10/8/2021
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`3
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`Case 6:20-cv-00636-ADA Document 47 Filed 02/10/21 Page 4 of 4
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`11/16/2021
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`11/23/2021
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`12/3/2021
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`12/7/2021
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`12/10/2021
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`12/27/20213
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`SIGNED this
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`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.
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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. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`Jury Selection/Trial. The Court expects to set this date at the conclusion of
`the Markman Hearing.4
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` day of February 2021.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`3 If the trial in Demaray LLC v. Intel Corporation, 6:20-CV-00636-ADA, proceeds on the
`indicated date, Plaintiff requests that the Samsung trial date follow shortly thereafter.
`4 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.
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`4
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