Case 6:21-cv-00984-ADA Document 106-1 Filed 10/19/22 Page 1 of 3
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`JAWBONE INNOVATIONS, LLC,
`
`Case No. 6:21-CV-00984-ADA
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`
`
`
`[PROPOSED] AMENDED SCHEDULING ORDER
`
`Pursuant to the Court’s Standing Order Governing Proceedings in Patent Cases, and the
`
`Discovery and Scheduling Order (Dkt. 103), the Parties hereby propose the below Amended
`
`Scheduling Order for all remaining deadlines in this case.
`
`The Court ORDERS that the following schedule will govern deadlines up to and
`
`including the trial of this matter:
`
`Jawbone’s
`Proposed
`Deadline
`
`Apple’s
`Proposed
`Deadline
`
`November 15,
`2022
`November 29,
`2022
`
`November 15,
`2022
`November 29,
`2022
`
`December 13,
`2022
`
`
`December 13,
`2022
`
`December 20,
`2022
`
`January 24,
`2023
`
`Event
`
`Deadline to add parties.
`
`Deadline to serve Final Infringement Contentions. After
`this date, leave of Court is required for any amendment to
`infringement contentions. This deadline does not relieve
`the parties of their obligation to seasonably amend if new
`information is identified after initial contentions.
`Deadline to serve Final Invalidity Contentions. After this
`date, leave of Court is required for any amendment to
`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.)
`
`
`
`

`

`Case 6:21-cv-00984-ADA Document 106-1 Filed 10/19/22 Page 2 of 3
`
`Jawbone’s
`Proposed
`Deadline
`
`Apple’s
`Proposed
`Deadline
`
`Event
`
`January 25,
`2023
`
`April 4, 2023
`
`February 15,
`2023
`
`February 22,
`2023
`
`May 2, 2023
`
`April 5, 2023
`
`May 3, 2023
`May 17, 2023
`June 7, 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.
`April 25, 2023 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 Fact Discovery
`
`Parties shall exchange preliminary exhibit lists and
`witness lists. The preliminary exhibit lists and witness
`lists
`may be freely amended in good faith so long as the
`amendments do not amount to transfer motion
`gamesmanship.
`March 8, 2023 May 16, 2023 Deadline for Plaintiff’s replacement transfer
`opposition
`brief (15 pages).
`March 22, 2023 May 30, 2023 Deadline for Defendant’s replacement transfer reply
`brief
`(15 pages).
`June 13, 2023 Deadline for Plaintiff’s replacement transfer sur-reply
`brief (10 pages).
`July 11, 2023 Markman Hearing
`July 25, 2023
`Opening Expert Reports.
`August 15,
`Rebuttal Expert Reports
`2023
`September 5,
`2023
`September 19,
`2023
`
`June 28, 2023
`
`Close of Expert Discovery
`
`July 12, 2023
`
`Dispositive motion deadline and Daubert motion
`deadline.
`See General Issues Note #7 regarding providing copies of
`the briefing to the Court and the technical advisor (if
`appointed).
`
`2
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`

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`Case 6:21-cv-00984-ADA Document 106-1 Filed 10/19/22 Page 3 of 3
`
`Jawbone’s
`Proposed
`Deadline
`
`Apple’s
`Proposed
`Deadline
`
`Event
`
`July 26, 2023
`
`October 3,
`2023
`August 2, 2023 October 3,
`2023
`August 9, 2023 October 17,
`2023
`October 24,
`2023
`October 31,
`2023
`
`August 16,
`2023
`August 23,
`2023
`
`August 30,
`2023
`
`November 7,
`2023
`
`September 15,
`2023
`September 20,
`2023
`
`September 27,
`20231
`
`November 15,
`2023
`November 21,
`2023 (or as
`soon as
`practicable)
`December 5,
`20232
`
`
`
`
`__________________________
`Dated
`
`
`
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`Parties email the Court’s law clerk to confirm pretrial and
`trial dates.
`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 remaining
`objections and disputes on motions in limine.
`File joint notice identifying remaining objections to
`pretrial disclosures and disputes on motions in limine.
`Final Pretrial Conference.
`
`Jury Selection/Trial.
`
`
`
`
`
`_______________________________
`HONORABLE ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`1 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.
`2 If the actual trial date materially differs from the Court’s default schedule, the Court will consider reasonable
`amendments to the case schedule that are consistent with the Court’s default deadlines in light of the actual trial
`date.
`
`3
`
`