Case 6:21-cv-00569-ADA Document 80 Filed 08/23/22 Page 1 of 6
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`TOUCHSTREAM TECHNOLOGIES,
`
`INC.
`
`Civil Action No. 6:21-cv-569-ADA
`
`JURY TRIAL DEMANDED
`
`
`v.
`
`
`GOOGLE LLC
`
`
`Defendant.
`
`
`
`
`JOINT MOTION TO AMEND SCHEDULING ORDER
`
`Plaintiff Touchstream Technologies, Inc. (“Plaintiff”) and Defendant Google LLC (“Defendant”).
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`jointly move to amend the Court’s Scheduling Order (Dkt. 21) as set forth below and in the attached
`
`proposed order.
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`The claim construction hearing in this matter was originally scheduled for February 18, 2022. (Dkt.
`
`21 and Dkt. 33). It was re-set to June 14, 2022 (Dkt. 64), and then re-set again to June 15, 2022. (Dkt. 41).
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`In addition, the parties have negotiated a variety of scheduling issues and believe that a short continuance
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`of the trial date (less than two weeks, from February 10 to February 21) will assist them in completing the
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`required discovery without further delay in the schedule. As a result, the parties respectfully submit that
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`good cause exists to amend the remaining deadlines in the DCO as follows:
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`
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`New Date
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`Previous Date
`
`Event
`
`June 15, 2022
`
`February 18, 2022
`
`Markman Hearing.
`
`(Friday)
`
`23 weeks after CMC
`(or as soon as
`practicable)
`
`September 8, 2022
`
`April 14, 2022
`
`(Thursday)
`
`(Thursday)
`
`to serve Final Infringement and
`Deadline
`Invalidity Contentions. After this date, leave of
`Court
`is required for any amendment
`to
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`1
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`

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`Case 6:21-cv-00569-ADA Document 80 Filed 08/23/22 Page 2 of 6
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`New Date
`
`Previous Date
`
`Event
`
`~8 weeks after
`Markman hearing
`
`September 15, 2022
`
`August 11, 2022
`
`(Thursday)
`
`(Thursday)
`
`~26 weeks after
`Markman hearing
`
`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 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.
`
`October 6, 2022
`
`September 8, 2022
`
`Close of Fact Discovery.
`
`(Thursday)
`
`(Thursday)
`
`
`
`~30 weeks after
`Markman hearing
`
`October 13, 2022
`
`September 15, 2022
`
`Opening Expert Reports.
`
`(Thursday)
`
`(Thursday)
`
`
`
`~31 weeks after
`Markman hearing
`
`November 10, 2022
`
`October 13, 2022
`
`Rebuttal Expert Reports.
`
`(Thursday)
`
`(Thursday)
`
`
`
`~35 weeks after
`Markman hearing
`
`November 24, 2022
`
`November 3, 2022
`
`Close of Expert Discovery.
`
`(Thursday)
`
`(Thursday)
`
`
`
`~38 weeks after
`Markman hearing
`
`December 1, 2022
`
`November 10, 2022
`
`(Thursday)
`
`(Thursday)
`
`~39 weeks after
`Markman hearing
`
`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.
`
`2
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`

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`Case 6:21-cv-00569-ADA Document 80 Filed 08/23/22 Page 3 of 6
`
`New Date
`
`Previous Date
`
`Event
`
`December 8, 2022
`
`November 17, 2022
`
`(Thursday)
`
`(Thursday)
`
`~40 weeks after
`Markman hearing
`
`December 22, 2022
`
`December 1, 2022
`
`(Thursday)
`
`(Thursday)
`
`~42 weeks after
`Markman hearing
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`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).
`
`January 5, 2023
`
`December 15, 2022
`
`(Thursday)
`
`(Thursday)
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`Serve objections to pretrial disclosures/rebuttal
`disclosures.
`
`~44 weeks after
`Markman hearing
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`January 12, 2023
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`December 22, 2022
`
`(Thursday)
`
`(Thursday)
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`Serve objections to rebuttal disclosures and File
`Motions in limine.
`
`~45 weeks after
`Markman hearing
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`January 19, 2023
`
`December 29, 2022
`
`(Thursday)
`
`(Thursday)
`
`~46 weeks after
`Markman hearing
`
`January 26, 2023
`
`January 5, 2023
`
`(Thursday)
`
`(Thursday)
`
`~47 weeks after
`Markman hearing
`
`February 7, 2023
`
`January 17, 2023
`
`(Tuesday)
`
`(Tuesday)
`
`3 business days
`before Final Pretrial
`Conference
`
`3 business days
`before Final Pretrial
`Conference
`
`and Pretrial
`Joint Pretrial Order
`File
`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
`
`regarding
`to meet and confer
`Deadline
`remaining objections and disputes on motions in
`limine.
`
`File joint notice identifying remaining objections
`to pretrial disclosures and disputes on motions in
`limine.
`
`3
`
`

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`Case 6:21-cv-00569-ADA Document 80 Filed 08/23/22 Page 4 of 6
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`New Date
`
`Previous Date
`
`Event
`
`February 10, 2023
`
`January 20, 2023
`
`(Friday)
`
`(Friday)
`
`Final Pretrial Conference. The Court expects to
`set this date at the conclusion of the Markman
`Hearing.
`
`
`
`~49 weeks after
`Markman hearing (or
`as soon as
`practicable)
`
`February 21, 2023
`
`February 10, 2023
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`Jury Selection/Trial.
`
`(Tuesday)
`
`(Friday)
`
`52 weeks after
`Markman hearing (or
`as soon as
`practicable)
`
`
`
`A proposed Amended Scheduling Order is submitted herewith.
`
`Date: August 23, 2022
`
`Respectfully submitted,
`
`SHOOK, HARDY & BACON L.L.P.
`
`
`/s/ Ryan D. Dykal
`Jordan T. Bergsten, pro hac vice
`B. Trent Webb, pro hac vice
`Ryan D. Dykal, pro hac vice
`Samuel J. LaRoque, pro hac vice
`SHOOK, HARDY & BACON, LLP
`2555 Grand Boulevard
`Kansas City, MO 64108
`(816) 474-6550/F: (816) 421-5547
`Email: jbergsten@shb.com
`Email: slaroque@shb.com
`Email: bwebb@shb.com
`Email: rdykal@shb.com
`
`Fiona A. Bell (TX Bar No. 24052288)
`Michael W. Gray (TX Bar No. 24094385)
`Andrew M. Long (TX Bar No. 24123079)
`Shook, Hardy & Bacon LLP
`600 Travis Street, Suite 3400
`Houston, TX 77002
`(713) 227-2008/F: (713)-227-9508
`Email: fbell@shb.com
`Email: mgray@shb.com
`
`4
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`

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`Case 6:21-cv-00569-ADA Document 80 Filed 08/23/22 Page 5 of 6
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`Email: amlong@shb.com
`
`Counsel for Plaintiff
`Touchstream Technologies, Inc.
`
`/s/ Tharan Gregory Lanier (with permission)
`Tharan Gregory Lanier
`JONES DAY
`Tharan Gregory Lanier, pro hac vice
`CA State Bar No. 138784
`E-mail: tglanier@jonesday.com
`Michael C. Hendershot, pro hac vice
`CA State Bar No. 211830
`E-mail: mhendershot@jonesday.com
`Evan M. McLean, pro hac vice
`CA State Bar No. 280660
`E-mail: emclean@jonesday.com
`1755 Embarcadero Road
`Palo Alto, CA 94303
`(650) 739-3939/Fax:(650) 739-3900
`
`Edwin O. Garcia, pro hac vice
`E-mail: edwingarcia@jonesday.com
`JONES DAY
`51 Louisiana Avenue, N.W.
`Washington DC 20001
`(202) 879-3695/Fax: (202) 626-1700
`
`POTTER MINTON PC
`Michael E. Jones
`TX State Bar No. 10929400
`E-mail: mikejones@potterminton.com
`Patrick C. Clutter
`TX State Bar No. 24036374
`E-mail: patrickclutter@potterminton.com
`Shaun W. Hassett
`TX State Bar No. 24074372
`E-mail: shaunhassett@potterminton.com
`110 N. College Ave., Suite 500
`Tyler, TX 75702
`(903) 597-8311/Fax:(903) 593-0846
`
`Attorneys for Defendant
`GOOGLE LLC
`
`
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`5
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`Case 6:21-cv-00569-ADA Document 80 Filed 08/23/22 Page 6 of 6
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`CERTIFICATE OF CONFERENCE
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`The undersigned hereby certifies that counsel for all parties have conferred and the relief sought
`
`herein is agreed to by all parties.
`
`/s/ Ryan D. Dykal
`
`
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on August 23, 2022, the foregoing was electronically filed
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`with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (“NEF”) to
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`all counsel of record who have appeared in this case per Local Rule CV-5(b).
`
`/s/ Ryan D. Dykal
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`6
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