Case 6:23-cv-00158-ADA Document 25 Filed 11/20/23 Page 1 of 7
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`JAWBONE INNOVATIONS, LLC,
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`Case No. 6:23-cv-00158-ADA
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`v.
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`META PLATFORMS, INC., D/B/A META,
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`Defendant.
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`JOINT MOTION FOR ENTRY OF DISPUTED SCHEDULING ORDER
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`Pursuant to the Court’s Standing Order Governing Proceedings in Patent Cases, and the
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`Notice of Joint Extensions of Deadlines for Contentions (Dkt. 24), the Parties hereby submit this
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`Joint Motion for Entry of Disputed Scheduling Order for all deadlines in this case.
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`Plaintiff Jawbone Innovations, LLC (“Plaintiff” or “Jawbone”) and Defendant Meta
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`Platforms, Inc. (“Defendant” or “Meta”) have conferred regarding a schedule in this case, but still
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`disagree on certain deadlines between now and trial. Primarily, the Parties disagree as to whether
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`Plaintiff should be required to reduce the 208 asserted claims prior to Defendant’s deadline to
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`serve preliminary invalidity contentions. The Parties also disagree as to whether the schedule
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`should include additional time to accommodate the reduction in asserted claims and subsequent
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`preparation of preliminary invalidity contentions.
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`The Parties presently intend to brief this issue in accordance with the procedure for
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`discovery disputes set forth in the Court’s Standing Order Governing Proceedings in Patent Cases.
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`The Parties’ proposed schedules are set forth below.
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`

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`Case 6:23-cv-00158-ADA Document 25 Filed 11/20/23 Page 2 of 7
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`Defendant’s
`Plaintiff’s
`Proposed
`Proposed
`Deadline
`Deadline
`November 1, 2023
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`
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`November 8, 2023
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`
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`N/A
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`November 29, 2023
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`December 6,
`2023
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`January 10,
`2024
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`February 14,
`20242
`
`
`
`Event
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`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 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.
`Deadline to file any motion to transfer.
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`Deadline to narrow asserted claims to 40 asserted claims.
`Plaintiff agrees not to add new claims beyond these 40
`claims nor replace any of these 40 claims with new ones,
`but it reserves the right to further reduce the asserted claims
`to a subset of these 40 claims as the case proceeds.
`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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`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.
`2 If the Court is not inclined to order a narrowing of asserted claims prior to the due date for preliminary invalidity
`contentions, Defendant argues in the alternative that this or a later date is necessary in view of the over 200 asserted
`claims.
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`2
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`

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`Case 6:23-cv-00158-ADA Document 25 Filed 11/20/23 Page 3 of 7
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`Plaintiff’s
`Proposed
`Deadline
`January 10,
`2024
`January 24,
`2024
`January 31,
`2024
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`Defendant’s
`Proposed
`Deadline
`February 28,
`2024
`March 13,
`2024
`March 20,
`2024
`
`Event
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`Parties exchange claim terms for construction.
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`Parties exchange proposed claim constructions.
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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.3 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
`March 27,
`February 7,
`exchange revised list of terms/constructions.
`2024
`2024
`April 3, 2024 Defendant files Opening claim construction brief, including
`February 14,
`any arguments that any claim terms are indefinite.
`2024
`March 6, 2024 April 24, 2024 Plaintiff files Responsive claim construction brief.
`March 20,
`May 8, 2024
`Defendant files Reply claim construction brief.
`2024
`March 20,
`2024
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`May 8, 2024
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`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
`April 3, 2024 May 22, 2024 Plaintiff files a Sur-Reply claim construction brief.
`April 8, 2024 May 27, 2024 Parties submit Joint Claim Construction Statement.
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`See General Issues Note #7 regarding providing copies of
`the briefing to the Court and the technical advisor (if
`appointed).
`April 5, 2024 May 24, 2024 Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).
`June 5, 2024 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).
`July 17, 2024 Deadline to add parties.
`July 31, 2024 Deadline to serve Final Infringement and Invalidity
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`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`4 All deadlines hereafter follow the original Markman hearing date and do not change if the Court delays
`the Markman hearing.
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`April 17,
`20244
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`April 18, 2024
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`June 6, 2024
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`May 29, 2024
`June 12, 2024
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`3
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`

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`Case 6:23-cv-00158-ADA Document 25 Filed 11/20/23 Page 4 of 7
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`Plaintiff’s
`Proposed
`Deadline
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`Defendant’s
`Proposed
`Deadline
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`Event
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`August 7,
`2024
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`September 25,
`2024
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`October 16,
`2024
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`December 4,
`2024
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`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
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`January 8,
`2024
`January 15,
`2025
`February 12,
`2025
`March 5, 2025 Close of Expert Discovery.
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`November 13,
`2024
`November 20,
`2024
`December 18,
`2024
`January 8,
`2025
`January 15,
`2025
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`January 22,
`2025
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`March 12,
`2025
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`March 19,
`2025
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`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.
`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).
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`April 16, 2025 Serve objections to pretrial disclosures/rebuttal disclosures.
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`April 2, 2025
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`February 5,
`2025
`February 19,
`2025
`April 23, 2025 Serve objections to rebuttal disclosures; file Motions in
`February 26,
`limine.
`2025
`March 5, 2025 April 30, 2025 File Joint Pretrial Order and Pretrial Submissions (jury
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`4
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`

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`Case 6:23-cv-00158-ADA Document 25 Filed 11/20/23 Page 5 of 7
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`Plaintiff’s
`Proposed
`Deadline
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`Defendant’s
`Proposed
`Deadline
`
`Event
`
`May 7, 2025
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`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
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`Deadline to file replies to motions in limine.
`May 14, 2025 Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
`April 16, 2025 Parties to jointly email the Court’s law clerk (See OGP at 1)
`to confirm their pretrial conference and trial dates.
`May 16, 2025 File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`May 21, 2025 Final Pretrial Conference.
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`June 11, 2025
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`Jury Selection/Trial.
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`March 12,
`2025
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`March 19,
`2025
`February 19,
`2025
`March 21,
`2025
`March 26,
`2025
`April 16,
`20255
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`Dated: November 20, 2023
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`Respectfully submitted,
`
`
`
` /s/ Peter Lambrianakos
`Raymond W. Mort, III
`Texas State Bar No. 00791308
`Email: raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Avenue, Suite 2000
`Austin, TX 78701
`Telephone/Facsimile: (512) 865-7950
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`OF COUNSEL:
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`Alfred R. Fabricant (admitted Pro Hac Vice)
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos (admitted Pro Hac Vice)
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`5 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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`5
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`

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`Case 6:23-cv-00158-ADA Document 25 Filed 11/20/23 Page 6 of 7
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`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (admitted Pro Hac Vice)
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Richard M. Cowell (Pro Hac Vice to be filed)
`NY Bar No. 4617759
`Email: rcowell@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206
`South Rye, NY 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`ATTORNEYS FOR PLAINTIFF
`JAWBONE INNOVATIONS, LLC
`
`
`
`By: /s/ Paige Arnette Amstutz (with permission)
`Paige Arnette Amstutz
`Texas State Bar No. 00796136
`SCOTT DOUGLASS & MCCONNICO LLP
`303 Colorado Street, Suite 2400
`Austin, TX 78701
`Telephone: (512) 495-6300
`Facsimile: (512) 495-6399
`pamstutz@scottdoug.com
`
`Lisa K. Nguyen (admitted)
`ALLEN & OVERY LLP
`550 High Street, Second Floor
`Palo Alto, CA 94301
`Telephone: (650) 388-1724
`lisa.nguyen@allenovery.com
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`ATTORNEYS FOR DEFENDANT
`META PLATFORMS, INC.
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`Case 6:23-cv-00158-ADA Document 25 Filed 11/20/23 Page 7 of 7
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that, on November 20, 2023, all counsel of record who are
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`deemed to have consented to electronic service are being served with a copy of this document via
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`the Court’s CM/ECF system pursuant to Local Rule CV-5.
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`/s/ Peter Lambrianakos
`Peter Lambrianakos
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`7
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