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`Case 6:22-cv-00533-ADA Document 58-1 Filed 12/28/22 Page 1 of 4
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`DODOTS LICENSING SOLUTIONS LLC,
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`Plaintiff,
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` v.
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`Case No. 6:22-cv-00533-ADA
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`JURY TRIAL DEMANDED
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`APPLE INC., BEST BUY STORES,
`L.P., BESTBUY.COM LLC, and BEST
`BUY TEXAS.COM, LLC,
`
`
`
`
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`Defendants.
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`
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`AGREED SCHEDULING ORDER
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`Pursuant to the Order Governing Proceedings, and pursuant to Rule 16, Federal Rules of
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`Civil Procedure, the Court ORDERS that the following schedule will govern deadlines up to and
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`including the trial of this matter:
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`Deadline
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`Item
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`12/7/2022 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.
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`
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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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`

`

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`Case 6:22-cv-00533-ADA Document 58-1 Filed 12/28/22 Page 2 of 4
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`12/28/2022 The Parties shall file a motion to enter an agreed Scheduling Order. If the parties
`cannot agree, the parties shall submit a separate Joint Motion for entry of each
`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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`1/4/2023 Deadline to file a motion for inter-district transfer. After this deadline, movants
`must seek leave of Court and show good cause for the delay.
`2/1/2023 Defendant serves 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).
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`2/15/2023 Parties exchange claim terms for construction.
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`3/1/2023
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`Parties exchange proposed claim constructions.
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`3/8/2023
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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.
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`3/15/2023 Deadline to meet and confer to narrow terms in dispute and exchange revised list
`of terms/constructions.
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`3/22/2023 Defendant files Opening claim construction brief, including any arguments that any
`claim terms are not indefinite.
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`4/12/2023 Plaintiff files Responsive claim construction brief.
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`brief.
`construction
`claim
`Reply
`files
`4/26/2023 Defendant
`Parties to jointly email the law clerks to confirm their Markman date.
`Parties to jointly email the Court's law clerk (see OGP at 1) if any venue or
`jurisdictional motions remain unripe for resolution.
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`5/10/2023 Plaintiff files Sur-Reply claim construction brief.
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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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`SCHEDULING ORDER
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`2
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`Case 6:22-cv-00533-ADA Document 58-1 Filed 12/28/22 Page 3 of 4
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`Statement.
`Construction
`Claim
`Joint
`submit
`5/15/2023 Parties
`See General Issues Note #9 regarding providing copies of the briefing to the Court
`and the technical adviser (if appointed).
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`5/17/2023 Parties submit optional technical tutorials to the Court and technical adviser (if
`appointed).
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`5/24/2023 Markman Hearing at 9:00 a.m. This date is a placeholder and the Court may adjust
`this date as the Markman hearing approaches.3
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`5/25/2023 Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
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`7/5/2023 Deadline to add parties.
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`7/19/2023 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.
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`9/13/2023 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.)
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`11/22/2023 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.
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`12/13/2023 Close of Fact Discovery
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`1/26/2024 Opening Expert Reports
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`2/23/2024 Rebuttal Expert Reports
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`3/15/2024 Close of Expert Discovery
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`3/22/2024 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.
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`deadline.
`motion
`Daubert
`and
`deadline
`motion
`3/29/2024 Dispositive
`See General Issues Note #7 regarding providing copies of the briefing to the Court
`and the technical adviser (if appointed).
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`3 All deadlines hereafter follow the original Markman hearing date and do not change if the Court
`delays the Markman hearing.
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`SCHEDULING ORDER
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`3
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`

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`Case 6:22-cv-00533-ADA Document 58-1 Filed 12/28/22 Page 4 of 4
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`4/12/2024 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, discovery
`and deposition designations).
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`4/26/2024 Serve objections to pretrial disclosures/rebuttal disclosures.
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`5/3/2024
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`Serve objections to rebuttal disclosures; file Motions in limine.
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`5/10/2024 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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`5/17/2024 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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`5/27/2024 Parties to jointly email the Court's law clerk to confirm their pretrial conference
`and trial dates.
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`5/29/2024 File joint notice identifying remaining objections to pretrial disclosures and
`disputes on motions in limine.
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`6/1/2024 Final Pretrial Conference. The Court expects to set this date at the conclusion of
`the Markman Hearing.
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`6/24/2024 Jury Selection/Trial. The Court expects to set this date at the conclusion of the
`Markman Hearing.
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`Signed this _____ day of _____________, 20___.
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`SCHEDULING ORDER
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4
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