Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`CIVIL ACTION NO. 6:21-cv-665-ADA
`
`VOIP-PAL.COM, INC.
`Plaintiff,
`
`v.
`FACEBOOK, INC, and
`WHATSAPP, INC.
`Defendants.
`
`VOIP-PAL.COM, INC.
`
`CIVIL ACTION NO. 6:21-cv-667-ADA
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`VOIP-PAL.COM, INC.
`Plaintiff,
`
`v.
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.,
`Defendants.
`
`CIVIL ACTION NO. 6:21-cv-668-ADA
`
`1
`
`

`

`Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 2 of 8
`
`CIVIL ACTION NO. 6:21-cv-672-ADA
`
`CIVIL ACTION NO. 6:21-cv-674-ADA
`
`VOIP-PAL.COM, INC.
`Plaintiff,
`
`v.
`VERIZON COMMUNICATIONS, INC.;
`CELLCO PARTNERSHIP d/b/a VERIZON
`WIRELESS;
`VERIZON SERVICES, CORP.; and
`VERIZON BUSINESS NETWORK
`SERVICES, INC.,
`Defendants.
`
`VOIP-PAL.COM, INC.
`Plaintiff,
`
`v.
`T-MOBILE US, INC.; and
`T-MOBILE USA, INC.
`Defendants.
`
`2
`
`

`

`Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 3 of 8
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`
`
`SCHEDULING ORDER
`
`On September 14, 2021, the parties filed their respective Joint Case Readiness Status Report in
`
`each of the above-identified cases. As such, the Case Management Conference (CMC) is deemed to have
`
`been held for calendaring purposes on September 28, 2021. After meeting and conferring, the parties
`
`jointly submitted the following proposed schedule to be entered in these cases. Accordingly, the Court
`
`enters the following schedule:
`
`Date
`October 19, 2021
`
`November 2, 2021
`
`Event
`Plaintiff shall serve 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 priority date (i.e., the earliest
`date of invention) for each asserted claim
`and produce: (1) a copy of the file history
`for each patents in suit
`The Parties shall submit an agreed
`Scheduling Order. If the parties cannot
`agree, the parties shall submit a separate
`Joint Motion for entry of Scheduling 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.
`
`Plaintiff shall also 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. If Plaintiff has not
`
`
`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.
`
`
`
`3
`
`

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`Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 4 of 8
`
`Date
`
`January 25, 2022
`
`February 8, 2022
`
`February 22, 2022
`
`Event
`voluntarily waived privilege as to documents
`evidencing conception and reduction to
`practice for each claimed invention by this
`date, it shall be precluded from relying on
`the content of the privileged documents for
`the purpose of establishing an invention date
`earlier than the priority date of the patents in
`these cases.23
`Defendant shall serve 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.
`
`2 Plaintiff did not provide any documents evidencing conception and reduction to practice with its
`preliminary infringement contentions. Rather, Plaintiff claimed that these documents were
`privileged. Defendants maintain their objection to Plaintiff relying on privileged material to try to
`establish conception and/or reduction to practice.
`VoIP-Pal states that, at this time, VoIP-Pal has not identified any non-privileged documents
`3
`evidencing conception and reduction to practice that it intends to rely on to establish an earlier date of
`invention. VoIP-Pal intends to identify its conception and reduction to practice documents on a
`privilege log and will produce this log by the agreed November 2 deadline. VoIP-Pal is willing to
`waive privilege as to one or more of the documents identified on VoIP-Pal’s privilege log if the
`parties can reach agreement on the scope of the waiver. If VoIP-Pal later discovers other documents
`evidencing conception and reduction to practice not listed on its privilege log, then, to the extent
`necessary, VoIP-Pal will follow the Court’s procedures for amending its preliminary infringement
`contentions.
`
`4
`
`

`

`Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 5 of 8
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`Date
`March 1, 2022
`
`March 8, 2022
`
`March 8, 2022
`
`April 5, 2022
`
`April 19, 2022
`
`May 3, 2022
`
`May 6, 2022
`
`Event
`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.4 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.
`Defendant files Opening claim construction
`brief, including any arguments that any
`claim terms are not indefinite.
`Plaintiff files Responsive claim construction
`brief.
`Defendant files a 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).
`
`4 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`5
`
`

`

`Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 6 of 8
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`Date
`May 10, 2022
`
`May 20, 2022
`
`May 23, 2022
`
`June 28, 2022
`July 12, 2022
`
`September 6, 2022
`
`November 15, 2022
`
`December 2, 2022
`December 9, 2022
`
`Event
`Parties submit optional technical tutorials to
`the Court and technical adviser (if
`appointed).5
`Markman Hearing at 4:00 pm.
`
`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.
`
`5 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.
`
`6
`
`

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`Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 7 of 8
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`Date
`January 10, 2023
`February 7, 2023
`February 14, 2023
`
`February 21, 2023
`
`March 7, 2023
`
`March 21, 2023
`
`March 28, 2023
`
`April 4, 2023
`
`April 11, 2023
`
`Event
`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; 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.
`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
`
`7
`
`

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`Case 6:21-cv-00667-ADA Document 35 Filed 03/07/22 Page 8 of 8
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`Date
`
`8 weeks before trial
`
`April 20, 2023
`
`April 25, 2023
`
`May 16, 20236
`
`Event
`remaining objections and disputes on
`motions in limine.
`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.
`Final Pretrial Conference. The Court
`expects to set this date at the conclusion of
`the Markman Hearing.
`Jury Selection/Trial. The Court expects to
`set these dates at the conclusion of the
`Markman Hearing.7
`
`SIGNED this
`
`7th
`
` day of
`
`March
`
`2022.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`6 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.
`7 Defendants contend that each Defendant is entitled to have a separate trial. The parties suggest
`discussing trial sequencing at an appropriate time later in the case.
`
`8
`
`