Case 6:20-cv-01131-ADA Document 43 Filed 07/15/21 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`) Case No. 6:20-CV-01125-ADA
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`) JURY TRIAL DEMANDED
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`) Case No. 6:20-cv-1126-ADA
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`) JURY TRIAL DEMANDED
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`) Case No. 6:20-cv-1128-ADA
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`) JURY TRIAL DEMANDED
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`) Case No. 6:20-cv-1129-ADA
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`) JURY TRIAL DEMANDED
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`) Case No. 6:20-CV-01131-ADA
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`) JURY TRIAL DEMANDED
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`- 1 -
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`STRATOSAUDIO INC.,
`Plaintiff,
`
`v.
`HYUNDAI MOTOR AMERICA,
`Defendant.
`STRATOSAUDIO INC.,
`Plaintiff,
`
`v.
`MAZDA MOTORS OF AMERICA, INC.,
`Defendant.
`STRATOSAUDIO INC.,
`Plaintiff,
`
`v.
`SUBARU OF AMERICA, INC.
`Defendant.
`STRATOSAUDIO INC.,
`Plaintiff,
`
`v.
`VOLVO CARS USA, LLC,
`Defendant.
`STRATOSAUDIO INC.,
`Plaintiff,
`
`v.
`VOLKSWAGEN GROUP OF
`AMERICA, INC.,
`Defendant.
`
`

`

`Case 6:20-cv-01131-ADA Document 43 Filed 07/15/21 Page 2 of 5
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`FIRST AMENDED JOINT SCHEDULING ORDER
`
`Pursuant to the Court’s rulings during the June 23, 2021 Discovery Hearing, the Court
`
`hereby sets the following case deadlines1:
`
`Date
`
`Event
`
`May 13, 2021
`
`May 27, 2021
`
`July 8, 2021
`
`Plaintiff shall serve preliminary2 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 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.
`
`The Parties shall submit an agreed Scheduling Order . If the parties
`cannot agree, the parties shall submit a separate Joint Motion for entry
`of each Order briefly setting forth their respective positions on items
`where they cannot agree. Absent agreement of the parties, the Plaintiff
`shall be responsible for the timely submission of this and other Joint
`filings.
`
`Defendant shall serve 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 and (2) technical documents, including
`software where applicable, sufficient to show the operation of the
`accused product(s).
`
`July 15, 2021
`
`Parties exchange claim terms for construction.
`
`1 Defendants Volkswagen Group of America, Inc. (“VW”) and Hyundai Motor America (“HMA”) believe this order
`should not be entered at this time, and this litigation should not go forward in this Court, unless and until their
`respective motions to dismiss for improper venue are denied. VW and HMA join this proposed schedule only
`because they brought these concerns to the Court, and the Court stated on May 17, 2021 via email: “The Court will
`not stay the cases pending rulings on the motions to dismiss/transfer. Pursuant to the Court’s Standing Order
`Regarding Motion(s) for Inter-District Transfer, the Court will rule on these motions before Markman hearing.”
`2 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 patent claims requires leave of court so that
`the Court can address any scheduling issues.
`
`- 2 -
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`

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`Case 6:20-cv-01131-ADA Document 43 Filed 07/15/21 Page 3 of 5
`
`Date
`
`Event
`
`July 29, 2021
`
`Parties exchange proposed claim constructions.
`
`August 4, 2021
`
`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.3 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.
`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
`September 2, 2021 Plaintiff files Responsive claim construction brief.
`
`August 6, 2021
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`August 12, 2021
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`September 13, 2021 Defendant files Reply claim construction brief
`
`September 24, 2021 Plaintiff files a Sur-Reply claim construction brief.
`September 24, 2021 Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).4
`September 28, 2021 Parties submit Joint Claim Construction Statement.
`See General Issues Note #9 regarding providing copies of the briefing to
`the Court and the technical adviser (if appointed).
`Date of Markman hearing. 9:30 a.m. – 11:00 a.m.
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a)
`November 15, 2021 Deadline to add parties.
`November 29, 2021 Deadline to serve Final Infringement and Invalidity Contentions. After
`this date, leave of Court is required for any amendment to Infringement
`or Invalidity contentions.
`
`October 4, 2021
`
`October 5, 2021
`
`This deadline does not relieve the Parties of their obligation to
`seasonably amend if new information is identified after initial
`contentions.
`
`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`4 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.
`
`- 3 -
`
`

`

`Case 6:20-cv-01131-ADA Document 43 Filed 07/15/21 Page 4 of 5
`
`Event
`Date
`January 24, 2022 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.
`
`April 4, 2022
`
`May 2, 2022
`
`May 9, 2022
`
`Opening Expert Reports.
`
`June 6, 2022
`
`Rebuttal Expert Reports.
`
`June 27, 2022
`
`July 5, 2022
`
`July 11, 2022
`
`July 25, 2022
`
`August 8, 2022
`
`August 15, 2022
`
`August 22, 2022
`
`August 29, 2022
`
`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 #9 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.
`Serve objections to rebuttal disclosures and 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 meet and confer regarding remaining objections and
`disputes on motions in limine.
`
`- 4 -
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`

`

`Case 6:20-cv-01131-ADA Document 43 Filed 07/15/21 Page 5 of 5
`
`Event
`Date
`September 7, 2022 File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in limine.
`September 12, 2022 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 these dates at the
`conclusion of the Markman Hearing.
`
`October 3, 20225
`
`SIGNED this
`
`15th
`
` day of
`
`July
`
`, 2021
`
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`5 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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`- 5 -
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`