Case 6:21-cv-00331-ADA Document 21 Filed 09/27/21 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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`C.A. No. 6:21-CV-00331-ADA
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`Judge: Honorable Alan D. Albright
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`JURY TRIAL DEMANDED
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`
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`)))))))))
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`IGT and IGT CANADA SOLUTIONS ULC,
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`Plaintiffs,
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`v.
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`ZYNGA INC.,
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`Defendant.
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`SCHEDULING ORDER
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`The Court ORDERS the following Scheduling Order:
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`

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`Case 6:21-cv-00331-ADA Document 21 Filed 09/27/21 Page 2 of 5
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`Deadline
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`July 7, 2021
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`August 25, 2021
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`Item(s)
`The Case Management Conference (“CMC”) is deemed to occur by
`this date—i.e., fourteen (14) days after the filing date of the parties’
`Case Readiness Status Report (see Dkt. 15, filed June 23, 2021).
`Defendant serves preliminary1 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).
`September 15, 2021 Parties exchange claim terms for construction.
`September 29, 2021 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.
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`October 6, 2021
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`The parties may amend preliminary infringement contentions and preliminary invalidity
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`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.
`Any party may utilize a rebuttal expert in response to a brief where expert testimony is
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`relied upon by the other party.
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`

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`Case 6:21-cv-00331-ADA Document 21 Filed 09/27/21 Page 3 of 5
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`Deadline
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`October 13, 2021
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`October 20, 2021
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`Item(s)
`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 indefinite.
`Plaintiff files Responsive claim construction brief.
`November 10, 2021
`November 30, 2021 Defendant files Reply claim construction brief.
`December 14, 2021
`Plaintiff files a Sur-Reply claim construction briefs.
`Parties submit Joint Claim Construction Statement.
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`December 20, 2021
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`December 21, 2021
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`January 5, 2022
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`January 6, 2022
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`February 26, 2022
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`March 2, 2022
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`April 27, 2022
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`July 6, 2022
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`August 3, 2022
`August 17, 2022
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`See General Issues Note #9 in the Court’s OGP 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.
`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.)
`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.
`Opening Expert Reports.
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`The parties should contact the law clerk to request a Box link so that the party can directly
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`upload the file to the Court’s Box account.
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`Case 6:21-cv-00331-ADA Document 21 Filed 09/27/21 Page 4 of 5
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`Item(s)
`Deadline
`September 14, 2022 Rebuttal Expert Reports.
`October 5, 2022
`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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`October 12, 2022
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`October 26, 2022
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`November 9, 2022
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`November 23, 2022
`November 30, 2022
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`December 14, 2022
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`December 21, 2022
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`January 6, 2023
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`January 13, 2023
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`February 6, 2023
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`See General Issues Note #9 in the Court’s OGP 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.
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
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`Deadline to 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.
`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.4 The Court expects to set these dates at the
`conclusion of the Markman Hearing.
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`If the actual trial date materially differs from the Court’s default schedule, the Court will
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`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.
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`

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`Case 6:21-cv-00331-ADA Document 21 Filed 09/27/21 Page 5 of 5
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`SIGNED this 27th day of September, 2021.
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