Case 6:22-cv-00466-ADA-DTG Document 44-1 Filed 09/06/22 Page 1 of 5
`
`Advanced Silicon Technologies LLC,
`
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Case No. 6:22-cv-00466-ADA-DTG
`
`
`
`
`Jury Trial Demanded
`
`v.
`
`NXP Semiconductors N.V.,
`NXP B.V., and
`NXP USA, Inc.,
`
`
`Defendants.
`
`
`SCHEDULING ORDER
`
`In view of the Court’s Standing Order Governing Proceedings (OGP) 4.1—Patent Cases
`
`and Fed. R. Civ. P. 16, the Court ORDERS that the following schedule will govern deadlines
`
`through the trial of this action:
`
`Deadline
`
`Item
`
`September 12, 2022 Deadline to file a motion for inter-district transfer. After this deadline,
`movants must seek leave of Court and show good cause for delay.
`
`October 11, 2022
`
`Defendants serve preliminary1 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
`Defendants contend are indefinite or lack written description under
`section 112, and (3) an identification of any claims 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).
`
`
`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
`
`
`
`Advanced Silicon Technologies LLC,
`
`
`Plaintiff,
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Case No. 6:22-cv-00466-ADA-DTG
`
`
`
`
`Jury Trial Demanded
`
`v.
`
`NXP Semiconductors N.V.,
`NXP B.V., and
`NXP USA, Inc.,
`
`
`Defendants.
`
`
`SCHEDULING ORDER
`
`In view of the Court’s Standing Order Governing Proceedings (OGP) 4.1—Patent Cases
`
`and Fed. R. Civ. P. 16, the Court ORDERS that the following schedule will govern deadlines
`
`through the trial of this action:
`
`Deadline
`
`Item
`
`September 12, 2022 Deadline to file a motion for inter-district transfer. After this deadline,
`movants must seek leave of Court and show good cause for delay.
`
`October 11, 2022
`
`Defendants serve preliminary1 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
`Defendants contend are indefinite or lack written description under
`section 112, and (3) an identification of any claims 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).
`
`
`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
`
`
`
`Case 6:22-cv-00466-ADA-DTG Document 44-1 Filed 09/06/22 Page 2 of 5
`
`Deadline
`
`Item
`
`October 24, 2022
`
`Parties exchange claim terms for construction.
`
`November 7, 2022 Parties exchange proposed claim constructions.
`
`November 14, 2022
`
`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.
`
`November 21, 2022 Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`
`November 28, 2022 Defendants file Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
`
`December 19, 2022 Plaintiff files Responsive claim construction brief.
`
`January 9, 2023
`
`Defendants file Reply claim construction brief.
`
`January 9, 2023
`
`Parties to jointly email the law clerks (see OGP at 1) to confirm their
`Markman date and to notify if any venue or jurisdictional motions remain
`unripe for resolution.
`
`January 23, 2023
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`
`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.
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is
`relied upon by the other party.
`
`2
`
`
`
`Case 6:22-cv-00466-ADA-DTG Document 44-1 Filed 09/06/22 Page 3 of 5
`
`Deadline
`
`Item
`
`January 24, 2023
`
`Parties submit Joint Claim Construction Statement and email the law
`clerks an editable copy.
`
`See General Issues Note #7 regarding providing copies of the briefing to
`the Court and the technical advisor (if appointed).
`
`January 24, 2023
`
`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).
`
`January 30, 2023 Markman Hearing at 9:00 a.m. This date is a placeholder and the Court
`may adjust this date as the Markman hearing approaches.
`
`January 31, 2023
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`March 13, 2023
`
`Deadline to add parties.
`
`March 27, 2023
`
`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.
`
`May 22, 2023
`
`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.)
`
`July 31, 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.
`
`August 28, 2023
`
`Close of Fact Discovery.
`
`September 11, 2023 Opening Expert Reports.
`
`3
`
`
`
`Case 6:22-cv-00466-ADA-DTG Document 44-1 Filed 09/06/22 Page 4 of 5
`
`Deadline
`
`Item
`
`October 9, 2023
`
`Rebuttal Expert Reports.
`
`October 23, 2023 Close of Expert Discovery.
`
`October 30, 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.
`
`November 6, 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).
`
`November 20, 2023 File oppositions to dispositive and Daubert motions.
`
`November 20, 2023 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`
`November 27, 2023 File replies in support of dispositive and Daubert motions.
`
`December 4, 2023 Serve objections to pretrial disclosures/rebuttal disclosures.
`
`December 4, 2023 Parties to jointly email the Court’s law clerk (see OGP at 1) to confirm
`their pretrial conference and trial dates.
`
`December 11, 2023 Serve objections to rebuttal disclosures; file motions in limine.
`
`December 18, 2023
`
`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations); file
`oppositions to motions in limine.
`
`4
`
`
`
`Case 6:22-cv-00466-ADA-DTG Document 44-1 Filed 09/06/22 Page 5 of 5
`
`Deadline
`
`Item
`
`December 29, 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.
`
`Deadline to meet and confer regarding remaining objections and disputes
`on motions in limine.
`
`January 5, 2023
`
`File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in limine.
`
`January 8, 2024
`
`Final Pretrial Conference. Held in person unless otherwise requested.
`
`January 29, 20243
`
`Jury Selection/Trial.
`
`
`
`
`
`
`
`3 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.
`5
`
`
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