Case 6:23-cv-00158-ADA Document 25-2 Filed 11/20/23 Page 1 of 4
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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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`[DEFENDANT’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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`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 25-2 Filed 11/20/23 Page 2 of 4
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`February 28, 2024
`March 13, 2024
`March 20, 2024
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`Event
`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).
`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.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
`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
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`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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` 3
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` 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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`Deadline
`December 6, 2023
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`February 14, 20242
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`March 27, 2024
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`April 3, 2024
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`April 24, 2024
`May 8, 2024
`May 8, 2024
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`May 22, 2024
`May 27, 2024
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`Case 6:23-cv-00158-ADA Document 25-2 Filed 11/20/23 Page 3 of 4
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`Deadline
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`May 24, 2024
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`June 5, 2024
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`June 6, 2024
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`July 17, 2024
`July 31, 2024
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`September 25, 2024
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`December 4, 2024
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`January 8, 2024
`January 15, 2025
`February 12, 2025
`March 5, 2025
`March 12, 2025
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`March 19, 2025
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`April 2, 2025
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`April 16, 2025
`April 23, 2025
`April 30, 2025
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`May 7, 2025
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`Event
`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.
`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
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`3
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`Case 6:23-cv-00158-ADA Document 25-2 Filed 11/20/23 Page 4 of 4
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`Deadline
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`May 14, 2025
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`April 16, 2025
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`May 16, 2025
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`May 21, 2025
`June 11, 2025
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`Event
`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.
`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
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