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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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`[PLAINTIFF’S PROPOSED] SCHEDULING ORDER
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`Having considered the Parties’ motion, the Court ORDERS that the following Schedule
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`will govern deadlines up to and including the trial of this matter:
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`Deadline
`November 1, 2023
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`November 8, 2023
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`November 29, 2023
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`Event
`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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`January 10, 2024
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`Defendant serves preliminary invalidity contentions in the form of
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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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`Case 6:23-cv-00158-ADA Document 25-1 Filed 11/20/23 Page 2 of 4
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`Deadline
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`February 7, 2024
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`February 14, 2024
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`March 6, 2024
`March 20, 2024
`March 20, 2024
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`January 10, 2024
`January 24, 2024
`January 31, 2024
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`Event
`(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.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.
`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.
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`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).
`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.
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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.
`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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`April 3, 2024
`April 8, 2024
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`April 5, 2024
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`April 17, 20243
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`April 18, 2024
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`May 29, 2024
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`2
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`Case 6:23-cv-00158-ADA Document 25-1 Filed 11/20/23 Page 3 of 4
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`Deadline
`June 12, 2024
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`August 7, 2024
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`October 16, 2024
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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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`February 5, 2025
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`February 19, 2025
`February 26, 2025
`March 5, 2025
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`March 12, 2025
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`March 19, 2025
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`Event
`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. 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.
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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, discovery and 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, 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.
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
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`3
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`Case 6:23-cv-00158-ADA Document 25-1 Filed 11/20/23 Page 4 of 4
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`Deadline
`February 19, 2025
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`March 21, 2025
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`March 26, 2025
`April 16, 20254
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`Event
`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.
`Jury Selection/Trial.
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`Dated: November ___, 2023
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`___________________________________
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`HONORABLE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4 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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