Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 1 of 9
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`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`ALMONDNET, INC.,
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`Plaintiff,
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`v.
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`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and AMAZON WEB
`SERVICES, INC.,
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`Civil Action No. 6:21-cv-00898-ADA
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`JURY TRIAL DEMANDED
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`
`
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`Defendants.
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`JOINT STIPULATION TO MODIFY SCHEDULING ORDER
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`Plaintiff AlmondNet, Inc. and Defendants Amazon.com, Inc.; Amazon.com Services LLC;
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`and Amazon Web Services, Inc. (together, “the parties”) have agreed to extend the deadline for
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`the following events. The agreed extension does not change the date of any hearing, trial, or other
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`Court date and does not extend any deadline of a final submission that affects the Court’s ability
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`to hold a scheduled hearing, trial, or Court event. The parties respectfully request that the Court enter
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`the proposed scheduling order attached as Exhibit A.
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`Event
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`Current Date
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`New Date
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`Serve Witness List Objections, Exhibit List
`Objections; Deposition Designation Objections;
`exchange Deposition Counter-Designations
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`Deadlines for oppositions to Summary Judgment
`Motions, Daubert motions, and Motions to Strike
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`Deadlines for replies in support of Summary
`Judgment Motions, Daubert motions, and Motions to
`Strike
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`September 6, 2023
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`September 7, 2023
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`September 6, 2023
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`September 7, 2023
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`September 13, 2023
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`September 15, 2023
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 2 of 9
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`Dated: September 5, 2023
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`By: /s/ Amy E. Hayden
`
`Reza Mirzaie
`Marc A. Fenster
`Benjamin T. Wang
`Adam Hoffman
`James A. Milkey
`Amy E. Hayden
`James S. Tsuei
`Jonathan Ma
`Daniel B. Kolko
`Jason M. Wietholter
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Tel: 310-826-7474
`Fax: 310-826-6991
`rmirzaie@raklaw.com
`mfenster@raklaw.com
`bwang@raklaw.com
`ahoffman@raklaw.com
`jmilkey@raklaw.com
`ahayden@raklaw.com
`jtsuei@raklaw.com
`jma@raklaw.com
`dkolko@raklaw.com
`jwietholter@raklaw.com
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`Attorneys for Plaintiffs ALMONDNET, INC.
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`Respectfully submitted,
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`By: /s/ Eric Menist
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`J. David Hadden (CA Bar No. 176148)
`Email: dhadden@fenwick.com
`Saina S. Shamilov (CA Bar No. 215636)
`Email: sshamilov@fenwick.com
`Ravi R. Ranganath (CA Bar No. 272981)
`Email: rranganath@fenwick.com
`Johnson K. Kuncheria (TX Bar No. 24070092)
`Email: jkuncheria@fenwick.com
`Johnathan L. Chai (CA Bar No. 339315)
`Email: jchai@fenwick.com
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`Fax: (650) 938-5200
`
`Eric B. Young, (CA Bar No. 318754)
`Email: eyoung@fenwick.com
`Dargaye Churnet (Admitted Pro Hac Vice)
`Email: dchurnet@fenwick.com
`Christopher L. Larson (CA Bar No. 308247)
`Email: clarson@fenwick.com
`FENWICK & WEST LLP
`555 California Street, 12th Floor
`San Francisco, CA 94104
`Tel: (415) 875-2300
`
`Jeffrey A. Ware (WA Bar No. 43779)
`Email: jware@fenwick.com
`FENWICK & WEST LLP
`401 Union Street, 5th Floor
`Seattle, WA 98101
`Tel: (206) 389-4510
`
`Jessica Lin (NY Bar No. 5035860)
`Email: jessica.lin@fenwick.com
`Eric Menist (NY Bar No. 5721568)
`Email: emenist@fenwick.com
`FENWICK & WEST LLP
`902 Broadway, 18th Floor
`New York, NY 10010
`Tel: (212) 921-2001
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 3 of 9
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`Of Counsel:
`Deron R. Dacus (TX Bar #00790553)
`ddacus@dacusfirm.com
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Tel: (903) 705-1117
`Fax: (903) 581-2543
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`Counsel for Defendants
`AMAZON.COM, INC., AMAZON.COM SERVICES
`LLC, and AMAZON WEB SERVICES, INC
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 4 of 9
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing document was filed electronically in
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`compliance with Local Rule CV-5(a). All other counsel of record not deemed to have consented
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`to electronic service were served with a true and correct copy of the foregoing by first class mail.
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`/s/ Eric Menist
`Eric Menist
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 5 of 9
`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 5 of 9
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`EXHIBIT A
`EXHIBIT A
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 6 of 9
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`ALMONDNET, INC.,
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`
`
`
`
`
`
`
`
`
`
`AMAZON.COM, INC., AMAZON.COM
`SERVICES LLC, and AMAZON WEB
`SERVICES, INC.,
`
`
`v.
`
`Defendants.
`
`Civil Action No. 6:21-cv-00898-ADA
`
`
`JURY TRIAL DEMANDED
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`
`
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`AMENDED SCHEDULING ORDER
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`Pursuant to the Amended Standing Order Regarding Joint or Unopposed Request to
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`Change Deadlines (dated March 7, 2022), the Court hereby ORDERS that the following schedule
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`will govern deadlines up to and including the trial of this matter:
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`Deadline
`January 5, 2022
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`Item
`Plaintiff serves 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 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.
`February 8, 2022 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.
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`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.
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 7 of 9
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`April 7, 2022
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` Deadline
`Item
`February 10, 2022 Plaintiff reduces the asserted claims to no more than 50 claims per
`defendant.
`Defendants 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
`Defendants contend are indefinite or lack written description under
`section 112, and (3) an identification of any claims the Defendants
`contend are directed to ineligible subject matter under section 101.
`Defendants 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.
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`April 21, 2022
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`May 5, 2022
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`Parties exchange proposed claim constructions.
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`May 12, 2022
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`May 19, 2022
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`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.
`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`Defendants file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
`Plaintiff files Responsive claim construction brief.
`Defendants file Reply claim construction briefs.
`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).
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`August 19, 2022
`September 29, 2022 Deadline to add parties.
`November 30, 2022 Markman Hearing at 2:00 p.m.
`December 8, 2022 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.)
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`May 26, 2022
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`June 16, 2022
`June 30, 2022
`July 14, 2022
`July 19, 2022
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`July 28, 2022
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`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 8 of 9
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` Deadline
`January 26, 2023
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`March 10, 2023
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`June 2, 2023
`June 16, 2023
`July 28, 2023
`August 11, 2023
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`Item
`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.
`February 16, 2023 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.
`Defendants may amend their answer to include a license-based affirmative
`defense on or before this date.
`Close of Fact Discovery.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`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.
`Close of Expert Discovery.
`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).
`August 28, 2023
`Parties email the Court’s law clerk to confirm pretrial and trial dates
`September 7, 2023 Serve Witness List Objections, Exhibit List Objections; Deposition
`Designation Objections; exchange Deposition Counter-Designations
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`September 7, 2023 Deadlines for oppositions to Summary Judgment Motions, Daubert motions,
`and Motions to Strike
`September 13, 2023 Serve objections to rebuttal disclosures; file Motions in limine.
`September 15, 2023 Deadlines for replies in support of Summary Judgment Motions, Daubert
`motions, and Motions to Strike
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`August 15, 2023
`August 23, 2023
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`August 25, 2023
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`September 20, 2023 File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits
`lists, witness lists, discovery and deposition designations); file oppositions to
`motions in limine
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`Case 6:21-cv-00898-ADA Document 150 Filed 09/06/23 Page 9 of 9
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`September 20, 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
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`Deadline to meet and confer regarding remaining objections and disputes on
`motions in limine.
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`October 2, 2023
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`September 27, 2023 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 this date at the conclusion of the
`Markman Hearing.
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`October 23, 2023
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