Case 1:19-cv-00819-ADA Document 53 Filed 01/13/20 Page 1 of 5
`
` IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`NEODRON LTD.,
`
`Plaintiff,
`
`Case No. 1:19-cv-00819-ADA
`
`v.
`
`DELL TECHNOLOGIES INC.,
`
`Defendant.
`
`NEODRON LTD.,
`
`Plaintiff,
`
`Case No. 1:19-cv-00873-ADA
`
`v.
`
`HP, INC.,
`
`NEODRON LTD.,
`
`Defendant.
`
`Plaintiff,
`
`Case No. 1:19-cv-00874-ADA
`
`v.
`
`MICROSOFT CORPORATION,
`
`Defendant.
`
`NEODRON LTD.,
`
`Plaintiff,
`
`Case No. 1:19-cv-00898-ADA
`
`v.
`
`AMAZON.COM, INC.,
`
`Defendant.
`
`1
`
`AUSTIN DIVISION
`
`Neodron Ltd.
`Exhibit 2005
`IPR2020-00459
`
`Page 1 of 5
`
`

`

`Case 1:19-cv-00819-ADA Document 53 Filed 01/13/20 Page 2 of 5
`
`NEODRON LTD.,
`
`v.
`
`Plaintiff,
`
`Case No. 1:19-cv-00903-ADA
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`Defendant.
`
`SCHEDULING ORDER
`
`On December 19, 2019 and January 7, 2020, the Court conducted conferences in the
`
`above-entitled and numbered cases. All parties appeared through counsel. As a result of such
`
`hearings, the Court Orders that the above cases will be consolidated only for Markman purposes
`
`and that the following schedule will govern deadlines up to and including the Markman hearing.
`
`The cases will be coordinated post-Markman and will follow the below post-Markman schedule
`
`in their individual cases.
`
`Deadline
`
`Item
`
`December 11, 2019
`
`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.
`
`January 3, 2020
`
`Deadline for Motions to Transfer
`
`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 claims requires leave of court so that the
`Court can address any scheduling issues.
`
`2
`
`Neodron Ltd.
`Exhibit 2005
`IPR2020-00459
`
`Page 2 of 5
`
`

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`Case 1:19-cv-00819-ADA Document 53 Filed 01/13/20 Page 3 of 5
`
`Deadline
`
`Item
`
`February 28, 2020
`
`March 6, 2020
`
`March 20, 2020
`
`April 3, 2020
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`April 10, 2020
`
`April 17, 2020
`
`May 15, 2020
`
`May 18, 2020
`
`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, (2) technical documents, including
`software where applicable, sufficient to show the operation of
`the accused product(s), and (3) summary, annual sales
`information for the accused product(s) for the prior two years,
`unless the parties agree to some other timeframe.
`
`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 also provide a summary of the witness’s expected
`testimony including the opinions to be expressed and a
`general description of the basis and reasons therefore. A
`failure to summarize the potential expert testimony in a good
`faith, informative fashion may result in the exclusion of the
`proffered testimony. 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.
`
`Parties file Opening claim construction briefs, including any
`arguments that any claim terms are indefinite.
`
`Parties file Responsive claim construction briefs.
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`Parties shall contact the Court to schedule a telephonic
`hearing if there are issues regarding post-Markman
`coordination that either party would like to address before the
`
`3
`
`Neodron Ltd.
`Exhibit 2005
`IPR2020-00459
`
`Page 3 of 5
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`

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`Case 1:19-cv-00819-ADA Document 53 Filed 01/13/20 Page 4 of 5
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`Deadline
`
`Item
`
`June 5, 2020
`
`June 12, 2020
`
`Markman hearing, otherwise those issues can be taken up at
`the conclusion of the Markman hearing
`
`Parties file Reply claim construction briefs.
`
`Parties submit Joint Claim Construction Statement and
`consolidated briefing collated by Opening, Response, and
`Reply in Microsoft Word format. Absent agreement of the
`parties, the Plaintiff shall be responsible for the timely
`submission of this and other Joint filings.
`
`June 25 and June 26, 2020 Markman Hearing at 9:00 a.m.
`
`July 5, 2020
`
`August 7, 2020
`
`August 21, 2020
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`Deadline to add parties.
`
`Deadline to serve Final Infringement and Invalidity
`Contentions.
`
`September 18, 2020
`
`Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or claims.
`
`December 11, 2020
`
`Close of Fact Discovery.
`
`January 8, 2021
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`Opening Expert Reports.
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`February 5, 2021
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`Rebuttal Expert Reports.
`
`February 26, 2021
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`Close of Expert Discovery.
`
`March 5, 2021
`
`March 12, 2021
`
`March 26, 2021
`
`Deadline to meet and confer to discuss narrowing the number
`of claims asserted and prior art references at issue. The
`parties shall file a report within 5 business days regarding the
`results of the meet and confer.
`
`Dispositive motion deadline and Daubert motion deadline.
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`
`April 9, 2021
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`4
`
`Neodron Ltd.
`Exhibit 2005
`IPR2020-00459
`
`Page 4 of 5
`
`

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`Case 1:19-cv-00819-ADA Document 53 Filed 01/13/20 Page 5 of 5
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`Deadline
`
`April 16, 2021
`
`April 23, 2021
`
`April 30, 2021
`
`Item
`
`Serve objections to rebuttal disclosures and 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
`
`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
`
`3 business days before
`Final Pretrial Conference.
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`44 weeks after Markman
`hearing (or as soon as
`practicable)
`
`45-48 weeks after
`Markman hearing (or as
`soon as practicable)
`
`Final Pretrial Conference. The Court expects to set this date
`at the conclusion of the Markman hearing.
`
`Jury Selection/Trial. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`
`SIGNED this _______ day of ______________, 2020.
`
`_____________________________________
`HONORABLE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`5
`
`12th
`
`January
`
`Neodron Ltd.
`Exhibit 2005
`IPR2020-00459
`
`Page 5 of 5
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`