Case 6:21-cv-00121-ADA Document 22 Filed 08/06/21 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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`GESTURE TECHNOLOGY PARTNERS,
`LLC,
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`Plaintiff,
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`v.
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`APPLE INC.
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`Case No. 6:21-cv-00121-ADA
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`JURY TRIAL DEMANDED
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`
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`Defendant.
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`GESTURE TECHNOLOGY PARTNERS,
`LLC,
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`
`
`
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`Plaintiff,
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`v.
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`Civil Case No. 6:21-cv-00122-ADA
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`JURY TRIAL DEMANDED
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`LENOVO GROUP LTD., LENOVO
`(UNITED STATES) INC., and MOTOROLA
`MOBILITY LLC,
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`Defendants.
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`GESTURE TECHNOLOGY PARTNERS,
`LLC,
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`
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`Plaintiff,
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`v.
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`Civil Case No. 6:21-cv-00123-ADA
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`JURY TRIAL DEMANDED
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`LG ELECTRONICS INC., AND LG
`ELECTRONICS U.S.A., INC.,
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`
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`Defendants.
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`[PROPOSED] AGREED SCHEDULING ORDER
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
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`following schedule will govern deadlines up to and including the trial of this matter:
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`1
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`Case 6:21-cv-00121-ADA Document 22 Filed 08/06/21 Page 2 of 5
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`Date
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`July 16, 2021
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`Item
`Plaintiff serves preliminary infringement1 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.
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`July 23, 2021
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`August 6, 2021
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`Case Management Conference deemed to occur
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`Parties submit an agreed Scheduling Order
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`October 1, 2021
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`Defendants 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, (2) technical documents,
`including software where applicable, sufficient to show the operation
`of the accused product(s).
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`October 15, 2021
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`Parties exchange claim terms for construction
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`October 22, 2021
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`Parties exchange proposed claim constructions
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`November 5, 2021
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`Parties disclose extrinsic evidence, including the identity of any
`expert witness they may rely upon in their opening brief 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.
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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.
`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 6:21-cv-00121-ADA Document 22 Filed 08/06/21 Page 3 of 5
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`November 12, 2021
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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
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`November 23, 2021
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`Plaintiff files opening claim construction brief
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`December 17, 2021
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`Defendant files responsive claim construction brief
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`January 7, 2022
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`Plaintiff files reply claim construction brief
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`January 21, 2022
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`Defendant files sur-reply claim construction brief
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`January 26, 2022
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`Parties submit Joint Claim Construction Statement
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`January 28, 2022
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`Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).3
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`February 4, 2022
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`Markman hearing at 9:00 a.m.
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`February 7, 2022
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`Fact discovery opens; deadline to serve Initial Disclosures per Rule
`26(a)
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`March 18, 2022
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`Deadline to add parties.
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`April 1, 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 seasonably amend if new
`information is identified after initial contentions.
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`May 27, 2022
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`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or patent claims.
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`August 5, 2022
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`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.
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`September 2, 2022
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`Close of Fact Discovery.
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`September 16, 2022
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`Opening Expert Reports.
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`October 21, 2022
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`Rebuttal Expert Reports.
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`November 11, 2022
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`Close of Expert Discovery.
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`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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`3
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`Case 6:21-cv-00121-ADA Document 22 Filed 08/06/21 Page 4 of 5
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`November 18, 2022
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`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.
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`November 23, 2022
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`Parties shall file a Joint Report regarding the results of the meet
`and confer.
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`December 9, 2022
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`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).
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`December 22, 2022
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`Serve Pretrial Disclosures (jury instructions, exhibit lists, witness
`lists, discovery and deposition designations).
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`January 13, 2023
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`January 27, 2023
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`Serve objections to rebuttal disclosures and file motions in limine.
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`February 10, 2023
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibit lists, witness lists, discovery and deposition designations);
`file oppositions to motions in limine.
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`February 17, 2023
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`March 1, 2023
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`March 6, 2023
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`March 27, 2023
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`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.
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`Estimated trial date (actual jury selection/trial date to be set at the
`conclusion of the Markman hearing)
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`4
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`Case 6:21-cv-00121-ADA Document 22 Filed 08/06/21 Page 5 of 5
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`ORDERED this ____ day of August, 2021.
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`THE HONORABLE ALAN D ALBRIGHT
` UNITED STATES DISTRICT JUDGE
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`5
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