Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 1 of 11
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`Defendant.
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`Plaintiff,
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`Defendants.
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`Plaintiff,
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`Defendants.
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`Plaintiff,
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`v.
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`v.
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`v.
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`v.
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`Case No. 6:21-cv-0263-ADA
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`JURY TRIAL DEMANDED
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`Case No. 6:21-cv-0264-ADA
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`JURY TRIAL DEMANDED
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`Case No. 6:21-cv-0265-ADA
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`JURY TRIAL DEMANDED
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`Case No. 6:21-cv-0363-ADA
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`JURY TRIAL DEMANDED
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`FUTURE LINK SYSTEMS, LLC,
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`APPLE INC.,
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`FUTURE LINK SYSTEMS, LLC,
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`BROADCOM INC.; BROADCOM CORP.,
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`FUTURE LINK SYSTEMS, LLC,
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`QUALCOMM INCORPORATED; QUALCOMM
`TECHNOLOGIES, INC.,
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`FUTURE LINK SYSTEMS, LLC,
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`REALTEK SEMICONDUCTOR
`CORPORATION,
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`Defendant.
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`[PROPOSED] JOINT AGREED SCHEDULING ORDER
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`1
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`

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`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 2 of 11
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`Default Deadline Calculated
`Default
`Deadline
`7/8/2021
`
`7 days before
`CMC
`
`07/15/2021
`
`2 weeks after
`CMC
`
`7/29/2021
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`7 weeks after
`CMC
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`9/2/2021
`
`Proposed
`Deadline
`
`Item
`
`7/8/2021
`
`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.
`Case Management Conference Deemed to
`Occur (see June 16 Amended Standing Order
`Regarding Notice of Readiness for Patent
`Cases, stating “the Case Management
`Conference (‘CMC’) shall be deemed to
`occur fourteen (14) days after the filing date
`of the CRSR.”
`7/29/2021 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(s) 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(s) contends are indefinite or lack
`written description under section 112, and (3)
`an identification of any claims the
`Defendant(s) contends are directed to
`ineligible subject matter under section 101.
`Defendant(s) shall also produce (1) all prior
`art referenced in the invalidity contentions,
`
`9/16/21
`
`
`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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`2
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`

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`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 3 of 11
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`and (2) technical documents, including
`software where applicable, sufficient to show
`the operation of the accused product(s).
`
`9/16/2021
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`9/30/21
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`Parties exchange claim terms for construction.
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`10/12/21
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`10/19/21
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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.
`10/22/21 Deadline to meet and confer to narrow terms
`in dispute and exchange revised list of
`terms/constructions.
`10/28/21 Defendant(s) files Opening claim construction
`brief(s),3 including any arguments that any
`
`9 weeks after
`CMC
`11 weeks after
`CMC
`12 weeks after
`CMC
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`9/30/2021
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`10/7/2021
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`13 weeks after
`CMC
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`14 weeks after
`CMC
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`10/14/2021
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`10/21/2021
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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 On July 13, 2021, for the ’108 patent only, the Court gave Apple the option of either joining the Markman briefing
`and hearing schedule of the AMD case with a Markman hearing already set for October 13, 2021, or to have a
`separate Markman briefing and hearing following the schedule for the ’680, ’804, and ’505 patents based on a
`presumed CMC date of July 15, 2021. The Court further clarified that the separate briefing for the ’108 patent
`would be dictated by the one-patent term and page limitations, and the briefing for the ’680, ’804, and ’505 patents
`would be dictated by the three-patent term and page limitations. The Court also added that “[i]f any terms the Court
`construes for the ‘108 patent during the first AMD Markman are raised for the Apple Markman, the Court will
`merely adopt its construction from the AMD case for those particular terms.” On July 16, 2021, Apple informed
`the Court that it chose to have a separate Markman briefing and hearing for the ’108 patent following the briefing
`and hearing schedule for the ’680, ’804, and ’505 patents based on a presumed CMC date of July 15, 2021. In its
`response to Apple, on July 16, the Court reiterated that “[Apple] may still assert constructions [for the ’108 patent]
`and brief any of the AMD terms [for the ’108 patent] to preserve your argument for appeal. Of note, the Court will
`not hear oral argument on any of the AMD terms.” The Court further indicated that briefing with respect to the ’754
`patent, with respect to Qualcomm, “will be a separate Markman and separate set of briefs dictated by the 1 patent
`term and page limitations.” The Court further indicated that the briefing with respect to the ’680, ’804, and ’505
`
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`3
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`

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`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 4 of 11
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`17 weeks after
`CMC
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`11/11/2021*
`*Veteran’s
`Day
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`19 weeks after
`CMC
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`11/25/2021*
`*Thanksgiving
`
`claim terms are not indefinite.
`
`1. [APPLE ONLY] One brief to address the
`claims of the ’108 patent dictated by the one-
`patent term and page limitations.
`2. [QUALCOMM ONLY] One brief to
`address the claims of the ’754 patent dictated
`by the one-patent term and page limitations.
`3. [APPLE, QUALCOMM, BROADCOM,
`REALTEK] One consolidated brief to address
`the claims of the ’680, ’804, and ’505 patents
`dictated by the three-patent term and page
`limitations.
`11/17/2021 Plaintiff files Responsive claim construction
`brief(s).
`
`1. [APPLE ONLY] One brief to address the
`claims of the ’108 patent dictated by the one-
`patent term and page limitations.
`2. [QUALCOMM ONLY] One brief to
`address the claims of the ’754 patent dictated
`by the one-patent term and page limitations.
`3. [APPLE, QUALCOMM, BROADCOM,
`REALTEK] One consolidated brief to address
`the claims of the ’680, ’804, and ’505 patents
`dictated by the three-patent term and page
`limitations.
`12/1/2021 Defendant(s) file Reply claim construction
`brief(s).
`
`1. [APPLE ONLY] One brief to address the
`claims of the ’108 patent dictated by the one-
`patent term and page limitations.
`2. [QUALCOMM ONLY] One brief to
`address the claims of the ’754 patent dictated
`by the one-patent term and page limitations.
`3. [APPLE, QUALCOMM, BROADCOM,
`REALTEK] One consolidated brief to address
`the claims of the ’680, ’804, and ’505 patents
`dictated by the three-patent term and page
`limitations.
`
`
`patents are to be consolidated amongst Apple, Broadcom, Qualcomm, and Realtek. The Court stated: “the Court
`notes that the 3 patent term/page limitation category delineated in the Court’s OGP is for groupings of 3-5 patents,
`so the page/term limitations should be adequate to address all of the terms at issue despite the fact that the ‘505
`patent is only asserted against Apple.”
`
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`4
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`

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`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 5 of 11
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`21 weeks after
`CMC
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`12/9/2021
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`3 business days
`after submission
`of sur-reply
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`12/14/2021
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`12/16/2021
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`22 weeks after
`CMC (but at least
`10 days before
`Markman
`hearing)
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`12/16/2021 Plaintiff files Sur-Reply claim construction
`brief(s).
`
`1. [APPLE ONLY] One brief to address the
`claims of the ’108 patent dictated by the one-
`patent term and page limitations.
`2. [QUALCOMM ONLY] One brief to
`address the claims of the ’754 patent dictated
`by the one-patent term and page limitations.
`3. [APPLE, QUALCOMM, BROADCOM,
`REALTEK] One consolidated brief to address
`the claims of the ’680, ’804, and ’505 patents
`dictated by the three-patent term and page
`limitations.
`12/21/2021 Parties submit Joint Claim Construction
`Statements.
`
`1. [APPLE ONLY] One Joint Claim
`Construction Statement to address the claims
`of the ’108 patent.
`2. [QUALCOMM ONLY] One Joint Claim
`Construction Statement to address the claims
`of the ’754 patent.
`3. [APPLE, QUALCOMM, BROADCOM,
`REALTEK] One consolidated Joint Claim
`Construction Statement to address the claims
`of the ’680, ’804, and ’505 patents.
`
`
`
`See General Issues Note #10 regarding
`providing copies of the briefing to the Court
`and the technical adviser (if appointed).
`12/21/2021 Parties submit optional technical tutorials to
`the Court and technical adviser (if
`appointed).4
`
`1. [APPLE ONLY] One technical tutorial to
`address the claims of the ’108 patent.
`2. [QUALCOMM ONLY] One technical
`tutorial to address the claims of the ’754
`patent.
`3. [APPLE, QUALCOMM, BROADCOM,
`REALTEK] One consolidated technical
`tutorial to address the claims of the ’680,
`’804, and ’505 patents.
`
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`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.
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`5
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`

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`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 6 of 11
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`12/23/2021
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`1/12/2021
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`12/23/2021
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`1/12/2022
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`12/23/2021
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`1/12/2022
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`12/24/2021
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`1/13/2022
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`[APPLE ONLY] Markman Hearing for the
`’108 patent at TBD. This date is a placeholder
`and the Court may adjust this date as the
`Markman hearing approaches.
`[QUALCOMM ONLY] Markman Hearing
`for the ’754 patent at TBD. This date is a
`placeholder and the Court may adjust this
`date as the Markman hearing approaches.
`[APPLE, QUALCOMM, BROADCOM,
`REALTEK] Consolidated Markman Hearing
`for the ’680, ’804, and ’505 patents at TBD.
`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).
`
`2/3/2022
`
`2/23/2022 Deadline to add parties.
`
`23 weeks after
`CMC (or as soon
`as practicable)
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`23 weeks after
`CMC (or as soon
`as practicable)
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`23 weeks after
`CMC (or as soon
`as practicable)
`
`1 business day
`after
`Markman hearing
`6 weeks after
`Markman
`hearing
`8 weeks after
`Markman
`hearing
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`2/17/2022
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`16 weeks after
`Markman
`hearing
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`26 weeks after
`Markman
`
`4/14/2022
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`6/23/2022
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`3/9/2022
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`5/4/2022
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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.
`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.)
`7/13/2022 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.
`8/10/2022 Close of Fact Discovery.
`
`7/21/2022
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`30 weeks after
`Markman
`hearing
`31 weeks after
`Markman
`hearing
`
`
`
`7/28/2022
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`8/17/2022 Opening Expert Reports.
`
`6
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`

`

`35 weeks after
`Markman
`hearing
`38 weeks after
`Markman
`hearing
`39 weeks after
`Markman
`hearing
`
`9/22/2022
`
`40 weeks after
`Markman
`hearing
`
`9/29/2022
`
`42 weeks after
`Markman
`hearing
`44 weeks after
`Markman
`hearing
`45 weeks after
`Markman
`hearing
`46 weeks after
`Markman
`hearing
`
`47 weeks after
`Markman
`hearing
`
`10/13/2022
`
`10/27/2022
`
`11/3/2022
`
`11/10/2022
`
`11/17/2022
`
`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 7 of 11
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`8/25/2022
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`9/14/2022 Rebuttal Expert Reports.
`
`9/15/2022
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`10/5/2022 Close of Expert Discovery.
`
`10/12/2022 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.
`10/19/2022 Dispositive motion deadline and Daubert
`motion deadline.
`
`
`
`11/2/2022
`
`See General Issues Note #10 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).
`11/16/2022 Serve objections to pretrial
`disclosures/rebuttal disclosures.
`
`11/23/2022 Serve objections to rebuttal disclosures and
`File Motions in limine.
`
`12/7/2022
`
`11/30/2022 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
`
`
`
`7
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`

`

`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 8 of 11
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`in limine.
`
`3 business days
`before Final
`Pretrial
`Conference.
`49 weeks after
`Markman hearing
`(or as soon as
`practicable)
`52 weeks after
`Markman hearing
`(or as soon as
`practicable)5
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`11/28/2022
`
`12/1/2022
`
`12/16/2022 File joint notice identifying remaining
`objections to pretrial disclosures and disputes
`on motions in limine.
`
`12/21/2022 Final Pretrial Conference. The Court expects
`to set this date at the conclusion of the
`Markman Hearing.
`
`12/22/2022
`
`1/11/2023
`
`Jury Selection/Trial. The Court expects to set
`these dates at the conclusion of the Markman
`Hearing.
`
`
`
`SIGNED this ______ day of ____________, 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.
`
`
`
`8
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`

`

`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 9 of 11
`
`Respectfully submitted,
`
`
`/s/ Reza Mirzaie
`Reza Mirzaie (CA SBN 246953)
`rmirzaie@raklaw.com
`Marc A. Fenster (CA SBN 181067)
`mfenster@raklaw.com
`Brian D. Ledahl (CA SBN 186579)
`bledahl@raklaw.com
`Christian W. Conkle (CA SBN 306374)
`cconkle@raklaw.com
`Jonathan Ma (CA SBN 312773)
`jma@raklaw.com
`Minna Y. Chan (CA SBN 305941)
`mchan@raklaw.com
`James Milkey (CA SBN 281213)
`jmilkey@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-6991
`
`Attorneys for Plaintiff
`Future Link Systems, LLC
`
`
`
`
`Dated: July 29, 2021
`
`/s/ Noah C. Graubart
`Lauren A. Degnan (pro hac vice)
`DC Bar No. 452421
`Email: LAD@fr.com
`Raj Utreja (pro hac vice)
`DC Bar No. 1673646
`Email: utreja@fr.com
`Fish & Richardson P.C.
`1000 Maine Avenue, S.W., Suite 1000
`Washington, D.C. 20024
`Telephone: (202) 783-5070
`
`Benjamin C. Elacqua
`Texas Bar No. 24055443
`Email: elacqua@fr.com
`John P. Brinkmann
`Texas Bar No. 24068091
`Email: brinkmann@fr.com
`Fish & Richardson P.C.
`1221 McKinney Street, Suite 2800
`Houston, TX 77010
`Telephone: (713) 654-5300
`
`Noah C. Graubart
`Georgia Bar No. 141862
`Email: graubart@fr.com
`Eda Stark
`Massachusetts Bar No. 703974
`Email: stark@fr.com
`Fish & Richardson P.C.
`1180 Peachtree Street NE, 21st Floor
`Atlanta, GA 30309
`Telephone: (404) 892-5005
`
`Scott M. Flanz (pro hac vice)
`New York Bar No. 5423801
`Email: flanz@fr.com
`Fish & Richardson P.C.
`7 Times Square, 20th Floor
`New York, NY 10036
`Telephone: (212) 765-5070
`J. Stephen Ravel
`Texas State Bar No. 16584975
`
`
`
`9
`
`

`

`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 10 of 11
`
`KELLY HART & HALLMAN LLP
`303 Colorado, Suite 2000
`Austin, Texas 78701
`Tel: (512) 495-6429
`steve.ravel@kellyhart.com
`
`Attorneys for Defendant
`Apple Inc.
`
`
`
`
`
`
`10
`
`

`

`Case 6:21-cv-00263-ADA Document 25 Filed 07/29/21 Page 11 of 11
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`CERTIFICATE OF SERVICE
`
`I certify that this document is being served upon counsel of record for Defendant on July
`29, 2021 via electronic service.
`
`
`
`
`
`
`
`
`/s/ Reza Mirzaie
`
`
`CERTIFICATE OF SIGNATURES
`
`I certify that concurrence in the filing of this document has been obtained from each
`signatory hereto.
`
`
`
`
`
`
`
`
`/s/ Reza Mirzaie
`
`
`
`
`
`11
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`