Case 6:20-cv-01215-ADA Document 34 Filed 07/15/21 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Ocean Semiconductor LLC,
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`Plaintiff
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`CIVIL ACTION NO. 6:20-cv-1215-ADA
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`v.
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`JURY TRIAL DEMANDED
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`STMicroelectronics, Inc.,
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`PATENT CASE
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`Defendant.
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`SCHEDULING ORDER
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`The Court having considered the positions of the parties as to an appropriate schedule, it
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`is ORDERED that the pre-trial schedule for this action is set as follows:
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`Deadline
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`July 2, 2021
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`August 27, 2021
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`Item
`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
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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 patent claims requires leave of court so that the Court can
`address any scheduling issues.
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`Case 6:20-cv-01215-ADA Document 34 Filed 07/15/21 Page 2 of 4
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`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.
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`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.
`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are not indefinite.
`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief
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`Plaintiff files a Sur-Reply claim construction brief
`Parties submit Joint Claim Construction Statement.
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`See General Issues Note #9 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).3
`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).
`Deadline to add parties.
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`September 1, 2021
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`September 15, 2021
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`September 22, 2021
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`September 29, 2021
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`October 6, 2021
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`October 25, 2021
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`November 8, 2021
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`November 19, 2021
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`November 23, 2021
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`November 24, 2021
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`December 8, 2021
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`December 9, 2021
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`January 19, 2022
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`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`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.
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`2
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`Case 6:20-cv-01215-ADA Document 34 Filed 07/15/21 Page 3 of 4
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`February 2, 2022
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`March 30, 2022
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`June 8, 2022
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`July 6, 2022
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`July 13, 2022
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`August 10, 2022
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`August 31, 2022
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`September 7, 2022
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`September 14, 2022
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`September 28, 2022
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`October 12, 2022
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`October 19, 2022
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`October 26, 2022
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`November 2, 2022
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`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.
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`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.
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`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.
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`Case 6:20-cv-01215-ADA Document 34 Filed 07/15/21 Page 4 of 4
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`November 11, 2022
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`November 16, 2022
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`December 7, 2022
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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 these dates at the
`conclusion of the Markman Hearing.
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`15th
`Entered this _____ day of July, 2021
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`Honorable Alan D. Albright
`United States District Judge
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`4
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