Case 6:21-cv-00263-ADA Document 29 Filed 10/07/21 Page 1 of 6
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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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`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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`1
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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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`Case 6:21-cv-00263-ADA Document 29 Filed 10/07/21 Page 2 of 6
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`Proposed
`Deadline
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`7/8/2021
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`07/15/2021
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`7/29/2021
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`9/16/21
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`9/30/21
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`10/12/21
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`10/19/21
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`JOINT AGREED SCHEDULING ORDER
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`Item
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`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.
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`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.”
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`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, 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.
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`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
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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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`2
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`Case 6:21-cv-00263-ADA Document 29 Filed 10/07/21 Page 3 of 6
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`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.
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`Defendant(s) files Opening claim construction brief(s),3 including any
`arguments that any claim terms are not indefinite.
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`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.
`Plaintiff files Responsive claim construction brief(s).
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`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.
`Defendant(s) file Reply claim construction brief(s).
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`10/22/21
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`10/28/21
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`11/17/2021
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`12/1/2021
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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 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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`3
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`Case 6:21-cv-00263-ADA Document 29 Filed 10/07/21 Page 4 of 6
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`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.
`Plaintiff files Sur-Reply claim construction brief(s).
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`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.
`Parties submit Joint Claim Construction Statements.
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`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.
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`See General Issues Note #10 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).4
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`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.
`[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.
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`12/16/2021
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`12/21/2021
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`12/21/2021
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`1/12/2021
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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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`4
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`Case 6:21-cv-00263-ADA Document 29 Filed 10/07/21 Page 5 of 6
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`1/12/2022
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`[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.
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`1/12/2022
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`1/13/2022
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`2/23/2022
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`3/9/2022
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`5/4/2022
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`7/13/2022
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`8/10/2022
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`8/17/2022
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`9/14/2022
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`10/5/2022
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`10/12/2022
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`[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).
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`Deadline to add parties.
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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.)
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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.
`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.
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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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`5
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`Case 6:21-cv-00263-ADA Document 29 Filed 10/07/21 Page 6 of 6
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`10/19/2022
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`11/2/2022
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`11/16/2022
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`11/23/2022
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`11/30/2022
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`12/7/2022
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`Dispositive motion deadline and Daubert motion deadline.
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`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).
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`Serve objections to rebuttal disclosures and File Motions in limine.
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits
`lists, witness lists, discovery and deposition designations); file oppositions to
`motions in limine
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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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`12/16/2022
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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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`Jury Selection/Trial. The Court expects to set these dates at the conclusion of
`the Markman Hearing.
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`12/21/2022
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`1/11/2023
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`SIGNED this 7th day of October, 2021.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`6
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