Case 6:22-cv-00697-ADA Document 27 Filed 06/19/23 Page 1 of 4
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`RFCyber CORP.,
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`v.
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`VISA U.S.A. INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`§
`Case No. 6:22-cv-00697-ADA
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`Defendant.
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`SCHEDULING ORDER
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`Pursuant to the Court’s Standing Order Governing Proceedings in Patent Cases, the Parties
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`presented a Scheduling Order.
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`The Court will adopt RFCyber’s proposal and ORDERS that the following schedule will
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`govern deadlines up to and including the trial of this matter:
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`Deadline
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`Event
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`June 5, 2023
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`May 8, 2023
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`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.
`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.
`The Parties shall file a motion to enter an agreed Scheduling Order.
`If the parties cannot agree, the parties shall submit a separate Joint
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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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`May 30, 2023
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`Case 6:22-cv-00697-ADA Document 27 Filed 06/19/23 Page 2 of 4
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`Deadline
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`Event
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`July 21, 2023
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`July 17, 2023
`July 31, 2023
`August 7, 2023
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`August 14, 2023
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`August 21, 2023
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`September 5, 2023
`September 18, 2023
`September 18, 2023
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`October 2, 2023
`October 5, 2023
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`October 13, 2023
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`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.
`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).
`Parties exchange claim terms for construction.
`Parties exchange proposed claim constructions.
`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. With
`respect to items2 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 indefinite.
`Plaintiff files Responsive claim construction brief.
`Defendant files Reply claim construction brief.
`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.
`Plaintiff files a Sur-Reply claim construction brief.
`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).
`Parties submit optional technical tutorials to the Court and technical
`advisor (if appointed).
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`2 4 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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`2
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`Case 6:22-cv-00697-ADA Document 27 Filed 06/19/23 Page 3 of 4
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`Deadline
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`Event
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`October 23, 20233
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`October 24, 2023
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`December 4, 2023
`December 18, 2023
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`February 12, 2024
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`April 22, 2024
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`May 28, 2024
`June 3, 2024
`June 24,2023
`July 15, 2023
`July 22, 2023
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`July 29, 2023
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`August 12, 2024
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`August 26, 2024
`September 3, 2024
`September 9, 2024
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`Markman Hearing at 9:00 a.m. This date is a placeholder and the
`Court may adjust this date as the Markman hearing approaches.
`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.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
`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. If 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.
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`See General Issues Note #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, 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, deposition designations); file oppositions
`to motions in limine
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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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`3
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`Case 6:22-cv-00697-ADA Document 27 Filed 06/19/23 Page 4 of 4
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`Deadline
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`Event
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`September 16, 2024
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`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 email the Court Reporter, Kristie Davis
`at kmdaviscsr@yahoo.com
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`September 23, 2024
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`August 26, 2024
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`September 25, 2024
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`September 30, 2024
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`October 21, 20244
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`Deadline to file replies to motions in limine.
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`Parties to jointly email the Court’s law clerk (See OGP at 1) to
`confirm their pretrial conference and trial dates.
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`Final Pretrial Conference. Held in person unless otherwise
`requested.
`Jury Selection/Trial.
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`SIGNED this 19th day of June, 2023.
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`4 7 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.
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`4
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