Case 1:19-cv-01238-ADA Document 124 Filed 04/24/20 Page 1 of 3
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`FINTIV, INC.,
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`
`v.
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`APPLE INC.,
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`Plaintiff,
`
`
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
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`Civil Action No.: 1:19-CV-1238-ADA
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`JURY TRIAL DEMANDED
`
`AGREED AMENDED SCHEDULING ORDER SUBSEQUENT
`TO CASE MANAGEMENT CONFERENCE
`(Case Management Conference (“CMC”) May 30, 2019)
`
`DEADLINE
`
`May 20, 2019
`
`June 13, 2019
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`July 25, 2019
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`August 8, 2019
`
`ITEM
`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 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.
`Deadline for Motions to Transfer.
`
`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.
`
`
`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.
`
`

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`Case 1:19-cv-01238-ADA Document 124 Filed 04/24/20 Page 2 of 3
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`DEADLINE
`
`August 22, 2019
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`September 5, 2019
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`ITEM
`Parties exchange proposed claim constructions.
`
`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
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`September 12, 2019
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`October 3, 2019
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`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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`October 17, 2019
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`Parties file Reply claim construction briefs.
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`October 24, 2019
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`Parties submit Joint Claim Construction Statement, optional
`tutorials, and consolidated briefing collated by Opening, Response,
`and Reply.
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`November 8, 2019
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`Markman Hearing at 9:00 a.m. in Austin, Texas.
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`November 14, 2019
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`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
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`December 19, 2019
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`Deadline to add parties.
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`January 9, 2020
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`Deadline to serve Final Infringement and Invalidity Contentions.
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`January 30, 2020
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`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or claims.
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`March 26, 2020
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`August 4, 2020
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`Deadline to serve privilege log.
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`Deadline for plaintiff to narrow the number of claims asserted.
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`August 25, 2020
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`Close of Fact Discovery.
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`September 8, 2020
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`Opening Expert Reports.
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`September 8, 2020
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`Deadline for defendant to narrow the number of prior art references
`at issue.
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`October 13, 2020
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`Rebuttal Expert Reports.
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`November 13, 2020
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`Close of Expert Discovery.
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`December 2, 2020
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`Dispositive motion deadline and Daubert motion deadline.
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`January 8, 2021
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, designations).
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`January 26, 2021
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`2
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`

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`Case 1:19-cv-01238-ADA Document 124 Filed 04/24/20 Page 3 of 3
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`DEADLINE
`
`February 4, 2021
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`February 12, 2021
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`February 19, 2021
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`February 24, 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, designations); file oppositions to motions
`in limine.
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`March 1, 2021
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`Final Pretrial Conference.
`
`March 4/5, 2021
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`Jury Selection.
`
`March 8, 2021
`
`
`Trial.
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`SIGNED this ______ day of
`
`
`
` 2020.
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`
`
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`3
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