Case 6:20-cv-01215-ADA Document 33-1 Filed 07/14/21 Page 1 of 6
`Case 6:20-cv-01215—ADA Document 33-1 Filed 07/14/21 Page 1 of 6
`
`
`
`ATTACHMENT A:
`ATTACHMENT A:
`
`COMPARISON
`COMPARISON
`OF PROPOSED
`OF PROPOSED
` SCHEDULING ORDERS
`
`
`SCHEDULING ORDERS
`
`

`

`Case 6:20-cv-01215-ADA Document 33-1 Filed 07/14/21 Page 2 of 6
`
`ATTACHMENT A
`
`COMPARISON OF PROPOSED SCHEDULING ORDERS
`
`
`
`Court’s
`Proposed
`Deadline
`
`Plaintiff’s
`Proposed
`Deadline
`
`Defendants’
`Proposed
`Deadline
`
`DESCRIPTION
`
`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.
`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, and (2) technical
`documents, including software where
`applicable, sufficient to show the operation of
`the accused product(s).
`Parties exchange claim terms for construction.
`
`Parties exchange proposed claim constructions.
`
`7 days before
`CMC
`(June 23, 2021)
`
`July 2, 2021
`
`7 weeks after
`CMC
`(August 18,
`2021)
`
`August 27, 2021
`
`9 weeks after CMC
`(September 1, 2021)
`11 weeks after CMC
`(September 15, 2021)
`
`September
`15, 2021
`October 6,
`2021
`
`
`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 patent claims requires leave of court so that
`the Court can address any scheduling issues.
`
`1
`
`
`

`

`Case 6:20-cv-01215-ADA Document 33-1 Filed 07/14/21 Page 3 of 6
`
`Court’s
`Proposed
`Deadline
`
`Plaintiff’s
`Proposed
`Deadline
`
`Defendants’
`Proposed
`Deadline
`
`12 weeks after CMC
`(September 22, 2021)
`
`October 20,
`2021
`
`DESCRIPTION
`
`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.
`Defendant files Opening claim construction
`brief, including any arguments that any claim
`terms are not indefinite.
`
`November
`3, 2021
`
`November
`17, 2021
`
`December
`15, 2021
`
`Plaintiff files Responsive claim construction
`brief.
`
`January 12,
`2022
`
`Defendant files Reply claim construction brief
`
`February 9,
`2022
`
`Plaintiff files a Sur-Reply claim construction
`brief
`
`February 16,
`2022
`
`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).
`
`October 4,
`2021
`
`October 25,
`2021
`
`13 weeks after CMC
`(September 29, 2021)
`14 weeks after
`CMC
`(October 6,
`2021)
`17 weeks after
`CMC
`(October 27,
`2021)
`19 weeks after
`CMC
`(November 10,
`2021)
`21 weeks after
`CMC
`(November 24,
`2021)
`3 business days
`after submission
`of sur-reply
`(November 30,
`2021)
`
`November
`8, 2021
`
`November
`19, 2021
`
`November
`23, 2021
`
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`
`2
`
`
`

`

`Case 6:20-cv-01215-ADA Document 33-1 Filed 07/14/21 Page 4 of 6
`
`November
`24, 2021
`
`Plaintiff’s
`Proposed
`Deadline
`
`Court’s
`Proposed
`Deadline
`22 weeks after
`CMC (but at
`least 10 days
`before Markman
`hearing)
`(November 26,
`2021)
`23 weeks after CMC
`(December 8, 2021)
`1 business day after Markman
`hearing
`(December 9, 2021)
`6 weeks after Markman
`hearing
`(January 19, 2022)
`
`Defendants’
`Proposed
`Deadline
`
`DESCRIPTION
`
`February 18,
`2022
`
`Parties submit optional technical tutorials to the
`Court and technical adviser (if appointed).3
`
`February 25,
`2022
`
`February 28,
`2022
`
`Markman Hearing at 9:00 a.m. This date is a
`placeholder and the Court may adjust this date
`as the Markman hearing approaches.
`Fact Discovery opens; deadline to serve Initial
`Disclosures per Rule 26(a).
`
`April 8,
`2022
`
`Deadline to add parties.
`
`8 weeks after Markman
`hearing
`(February 2, 2022)
`
`May 6, 2022
`
`16 weeks after Markman
`hearing
`(March 30, 2022)
`
`June 17,
`2022
`
`26 weeks after Markman
`hearing
`(June 8, 2022)
`
`August 26,
`2022
`
`30 weeks after Markman
`hearing
`(July 6, 2022)
`
`September
`23, 2022
`
`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 reasonably 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.
`
`
`3 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-01215-ADA Document 33-1 Filed 07/14/21 Page 5 of 6
`
`Plaintiff’s
`Court’s
`Proposed
`Proposed
`Deadline
`Deadline
`31 weeks after Markman
`hearing
`(July 13, 2022)
`35 weeks after Markman
`hearing
`(August 10, 2022)
`38 weeks after Markman
`hearing
`(August 31, 2022)
`
`Defendants’
`Proposed
`Deadline
`October 7,
`2022
`
`November
`10, 2022
`
`December 9,
`2022
`
`39 weeks after Markman
`hearing
`(September 7, 2022)
`
`December
`16, 2022
`
`40 weeks after Markman
`hearing
`(September 14, 2022)
`
`January 6,
`2023
`
`42 weeks after Markman
`hearing
`(September 28, 2022)
`44 weeks after Markman
`hearing
`(October 12, 2022)
`45 weeks after Markman
`hearing
`(October 19, 2022)
`
`46 weeks after Markman
`hearing
`(October 26, 2022)
`
`January 27,
`2023
`
`February 10,
`2023
`
`February 17,
`2023
`
`February 24,
`2023
`
`DESCRIPTION
`
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`Deadline for the second of two meet and
`confers 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
`
`4
`
`
`

`

`Case 6:20-cv-01215-ADA Document 33-1 Filed 07/14/21 Page 6 of 6
`
`Court’s
`Proposed
`Deadline
`
`Plaintiff’s
`Proposed
`Deadline
`
`Defendants’
`Proposed
`Deadline
`
`47 weeks after Markman
`hearing
`(November 2, 2022)
`
`February 28,
`2023
`
`3 business days before Final
`Pretrial Conference
`(November 11, 2022)
`49 weeks after Markman
`hearing (or as soon as
`practicable)
`(November 16, 2022)
`52 weeks after Markman
`hearing (or as soon as
`practicable)4
`(December 7, 2022)
`
`To be set by
`Court after
`Markman
`Hearing
`To be set by
`Court after
`Markman
`Hearing
`To be set by
`Court after
`Markman
`Hearing
`
`
`
`
`DESCRIPTION
`
`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. The Court expects to set
`these dates at the conclusion of the Markman
`Hearing.
`
`
`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.
`
`5
`
`
`