Case 6:21-cv-00569-ADA Document 81 Filed 08/25/22 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`TOUCHSTREAM TECHNOLOGIES,
`INC.
`
`Plaintiff,
`
`Civil Action No. 6:21-cv-569-ADA
`
`v.
`
`GOOGLE LLC
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`ORDER GRANTING
`JOINT MOTION TO AMEND SCHEDULING ORDER
`
`Having considered the Joint Motion to Extend Deadlines, the Court concludes that this
`
`Motion should be GRANTED.
`
`It is therefore ORDERED that the Schedule in this case is amended as follows:
`
`New Date
`
`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)
`
`~8 weeks after
`Markman hearing
`
`to serve Final Infringement and
`Deadline
`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.
`
`1
`
`

`

`Case 6:21-cv-00569-ADA Document 81 Filed 08/25/22 Page 2 of 4
`
`New Date
`
`Previous Date
`
`Event
`
`September 15, 2022
`
`August 11, 2022
`
`(Thursday)
`
`(Thursday)
`
`~26 weeks after
`Markman hearing
`
`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
`
`

`

`Case 6:21-cv-00569-ADA Document 81 Filed 08/25/22 Page 3 of 4
`
`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
`
`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)
`
`Serve objections to pretrial disclosures/rebuttal
`disclosures.
`
`~44 weeks after
`Markman hearing
`
`January 12, 2023
`
`December 22, 2022
`
`(Thursday)
`
`(Thursday)
`
`Serve objections to rebuttal disclosures and File
`Motions in limine.
`
`~45 weeks after
`Markman hearing
`
`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
`
`

`

`Case 6:21-cv-00569-ADA Document 81 Filed 08/25/22 Page 4 of 4
`
`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
`
`Jury Selection/Trial.
`
`(Tuesday)
`
`(Friday)
`
`52 weeks after
`Markman hearing (or
`as soon as
`practicable)
`
`Dated: August 25, 2022
`
`_____________________________
`ALAN ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`