`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SOLAS OLED LTD.,
`
`Plaintiff,
`
`Case No. 6:19-cv-00236-ADA
`
`v.
`
`LG DISPLAY CO., LTD.,
`LG ELECTRONICS, INC., and
`SONY CORPORATION,
`
`Defendants.
`
`SCHEDULING ORDER
`
`On December 6, 2019, the Court conducted a conference in the above entitled and numbered
`
`case. All parties appeared through counsel. As a result of such hearing, and pursuant to Rule 16,
`
`Federal Rules of Civil Procedure, the Court ORDERS that the following schedule will govern
`
`deadlines up to and including the trial of this matter:
`
`Deadline
`
`Item
`
`Tuesday, November 26,
`2019
`
`Plaintiff serves preliminary infringement contentions1 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 in-
`vention) 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 pa-
`tent in suit.
`
`1 The parties may amend preliminary infringement contentions and preliminary infringement in-
`validity contentions without leave of court so long as counsel certifies that it undertook reason-
`able efforts to prepare its preliminary contentions and the amendment is based on material
`identified after those preliminary contentions were served and should do so reasonably upon
`identifying any such material. Any amendment to add claims requires leave of court so that the
`Court can address any scheduling issues.
`
`1
`
`LG DISPLAY CO., LTD. V. SOLAS OLED, LTD.
`IPR2020-01055
`Exhibit 2001
`Page 1
`
`
`
`Case 6:19-cv-00236-ADA Document 59 Filed 12/21/19 Page 2 of 4
`
`Friday, December 20, 2019 Deadline for Motions to Transfer
`
`Friday, January 24, 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) tech-
`nical documents, including software where applicable, sufficient
`to show the operation of the accused product(s), and (3) sum-
`mary, annual sales information for the accused product(s) for the
`prior two years, unless the parties agree to some other
`timeframe.
`
`Friday, February 7, 2020
`
`Parties exchange claim terms for construction.
`
`Friday, February 21, 2020
`
`Parties exchange proposed claim constructions.
`
`Friday, February 28, 2020
`
`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 indefi-
`niteness. With respect to any expert identified, the parties shall
`also provide a summary of the witness’s expected testimony in-
`cluding the opinions to be expressed and a general description of
`the basis and reasons therefore. A failure to summarize the po-
`tential 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.
`
`Friday, March 6, 2020
`
`Deadline to meet and confer to narrow terms in dispute and ex-
`change revised list of terms/constructions.
`
`Friday, March 13, 2020
`
`Parties file Opening claim construction briefs, including any ar-
`guments that any claim terms are indefinite.
`
`Friday, April 3, 2020
`
`Parties file Responsive claim construction briefs.
`
`Friday, April 17, 2020
`
`Parties file Reply claim construction briefs.
`
`Friday, April 24, 2020
`
`Parties submit Joint Claim Construction Statement and consoli-
`dated briefing collated by Opening, Response, and Reply in Mi-
`crosoft Word format. Absent agreement of the parties, the
`Plaintiff shall be responsible for the timely submission of this
`and other Joint filings.
`
`2
`
`LG DISPLAY CO., LTD. V. SOLAS OLED, LTD.
`IPR2020-01055
`Exhibit 2001
`Page 2
`
`
`
`Case 6:19-cv-00236-ADA Document 59 Filed 12/21/19 Page 3 of 4
`
`Friday, May 22, 2020
`
`Markman Hearing at 9:00 a.m.
`
`Friday, May 29, 2020
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`Monday, July 6, 2020
`
`Deadline to add parties.
`
`Friday, July 17, 2020
`
`Deadline to serve Final Infringement and Invalidity Contentions.
`
`Friday, August 14, 2020
`
`Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or claims.
`
`Friday, October 30, 2020
`
`Close of Fact Discovery.
`
`Friday, November 6, 2020 Opening Expert Reports.
`
`Friday, December 4, 2020 Rebuttal Expert Reports.
`
`Wednesday, December 23,
`2020
`
`Friday, January 8, 2021
`
`Close of Expert Discovery.
`
`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.
`
`Friday, January 15, 2021
`
`Dispositive motion deadline and Daubert motion deadline.
`
`Friday, January 29, 2021
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists, wit-
`ness lists, discovery and deposition designations).
`
`Friday, February 12, 2021
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Friday, February 19, 2021
`
`Serve objections to rebuttal disclosures and File Motions in
`limine.
`
`Friday, February 26, 2021
`
`File Joint Pretrial Order and Pretrial Submissions (jury instruc-
`tions, exhibits lists, witness lists, discovery and deposition des-
`ignations); file oppositions to motions in limine.
`
`Friday, March 5, 2021
`
`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 dis-
`closures and disputes on motions in limine.
`
`Final Pretrial Conference. The Court expects to set the Pretrial
`Conference within 2-4 weeks of the trial date.
`
`3
`
`LG DISPLAY CO., LTD. V. SOLAS OLED, LTD.
`IPR2020-01055
`Exhibit 2001
`Page 3
`
`
`
`Case 6:19-cv-00236-ADA Document 59 Filed 12/21/19 Page 4 of 4
`
`Jury Selection/Trial. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`
`
`
`SIGNED this day of _________________________, 20____.
`
`
`
`
`
`
`
`
`
`
`
`_______________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`LG DISPLAY CO., LTD. V. SOLAS OLED, LTD.
`IPR2020-01055
`Exhibit 2001
`Page 4
`
`