Case 6:21-cv-00520-ADA Document 35 Filed 03/07/22 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
` Plaintiff,
`
`
`PARKERVISION, INC.,
`
`
`
` v.
`
`LG ELECTRONICS, INC.,
`
` Defendant.
`
`Case No. 6:21-cv-00520-ADA
`
`
`
` JURY TRIAL DEMANDED
`
`AGREED SCHEDULING ORDER
`The Court incorporates into this Agreed Scheduling Order terms from its current
`
`
`
`
`
`Order Governing Proceedings Version 3.5 as set forth below, which may be amended as
`
`applicable by the Court, and now ORDERS that the following schedule will govern
`
`deadlines up to and including the trial of this matter:
`
`Proposed Deadline
`11/8/2021
`
`Event
`Plaintiff serves preliminary[7] 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.
`
`[7] 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
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
` Plaintiff,
`
`
`PARKERVISION, INC.,
`
`
`
` v.
`
`LG ELECTRONICS, INC.,
`
` Defendant.
`
`Case No. 6:21-cv-00520-ADA
`
`
`
` JURY TRIAL DEMANDED
`
`AGREED SCHEDULING ORDER
`The Court incorporates into this Agreed Scheduling Order terms from its current
`
`
`
`
`
`Order Governing Proceedings Version 3.5 as set forth below, which may be amended as
`
`applicable by the Court, and now ORDERS that the following schedule will govern
`
`deadlines up to and including the trial of this matter:
`
`Proposed Deadline
`11/8/2021
`
`Event
`Plaintiff serves preliminary[7] 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.
`
`[7] 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
`
`1
`
`
`
`Case 6:21-cv-00520-ADA Document 35 Filed 03/07/22 Page 2 of 5
`
`1/7/2022
`
`1/19/2022
`
`2/2/2022
`
`2/9/2022
`
`2/16/2022
`
`2/23/2022
`
`3/16/2022
`
`claims requires leave of court so that the Court can
`address any scheduling issues.
`
`
`
`
`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 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.
`
`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.[8] 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.
`
`[8] Any party may utilize a rebuttal expert in response to
`a brief where expert testimony is relied upon by the other
`party.
`
`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.
`
`2
`
`
`
`Case 6:21-cv-00520-ADA Document 35 Filed 03/07/22 Page 3 of 5
`
`3/30/2022
`
`4/13/2022
`
`4/15/2022
`
`4/20/2022
`
`4/25/2022
`
`4/26/2022
`
`6/3/2022
`
`6/17/2022
`
`8/12/2022
`
`10/21/2022
`
`
`
`
`Defendant files Reply claim construction brief.
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`Parties submit Joint Claim Construction Statement.
`
`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).9
`
`Markman Hearing at 9:30 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.
`
`3
`
`
`
`Case 6:21-cv-00520-ADA Document 35 Filed 03/07/22 Page 4 of 5
`
`11/18/2022
`
`11/30/2022
`
`12/23/2022
`
`1/13/2023
`
`1/20/2023
`
`1/27/2023
`
`2/10/2023
`
`2/24/2023
`
`3/3/2023
`
`3/10/2023
`
`
`Close of Fact Discovery.
`
`
`Opening Expert Reports.
`
`
`Rebuttal Expert Reports.
`
`
`Close of Expert Discovery.
`
`
`Deadline for the second of two meet and confer 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.
`
`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.
`
`
`4
`
`
`
`Case 6:21-cv-00520-ADA Document 35 Filed 03/07/22 Page 5 of 5
`
`3/17/2023
`
`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 in limine.
`
`[8 weeks before trial]
`
`[3 business days before
`Final Pretrial Conference]
`
`Parties email the Court’s law clerk to confirm pretrial and
`trial dates
`File joint notice identifying remaining objections to
`pretrial disclosures and disputes on motions in limine.
`
`3/30/2023
`
`4/24/2023
`
`Final Pretrial Conference. The Court expects to set this
`date at the conclusion of the Markman Hearing.
`Jury Selection/Trial.
`
`[10] 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.
`
`IT IS SO ORDERED this 7th day of March, 2022.
`
`___________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`5
`
`
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