Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`IDENTITY SECURITY LLC,
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`Plaintiff,
`v.
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`APPLE, INC.
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`Defendant.
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`Civil Action No. 6:21-CV-460-ADA
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`Jury Trial Demanded
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`SCHEDULING ORDER
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`In accordance with the Court’s June 16, 2021 Amended Standing Order Regarding Notice
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`of Readiness for Patent Cases, the case management conference in this case was deemed to have
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`occurred on July 30, 2021. As a result of such hearing, and pursuant to Rule 16, Federal Rules of
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`Civil Procedure and the Court’s Default Schedule, attached as Appendix A to the Court’s Order
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`Governing Proceedings for Patent Cases, the Court ORDERS that the following schedule will
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`govern deadlines up to and including the trial of this matter:
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`Date
`7/23/21
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`9/10/21
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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.
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`Deadline for Motions 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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`1
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`Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 2 of 4
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`9/17/21
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`10/01/21
`10/15/21
`10/22/21
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`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 two years
`preceding the filing of the Complaint, 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 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.
`10/29/21 Deadline to meet and confer to narrow terms in dispute and exchange revised list
`of terms/constructions.
`11/05/21 Defendant files Opening claim construction brief, including any arguments that
`any claim terms are indefinite.
`Plaintiff files Responsive claim construction brief.
`12/03/21
`12/17/21 Defendant files Reply claim construction brief.
`12/31/21
`Plaintiff files Sur-Reply claim construction brief.
`01/07/22
`Parties submit Joint Claim Construction Statement.
`See General Issues Note #8 regarding providing copies of the briefing to the Court
`and the technical adviser (if appointed).
`Parties submit optional technical tutorials to the Court and technical adviser (if
`appointed).3
`01/14/22 Markman Hearing
`01/13/22
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
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`01/07/22
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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 The parties should contact the law clerk to request a Box link so that the party can directly
`upload the file to the Court’s Box account.
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`2
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`Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 3 of 4
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`10/28/22
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`11/11/22
`11/18/22
`11/25/22
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`02/18/22 Deadline to add parties.
`03/04/22 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.
`04/29/22 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.)
`07/08/22 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.
`08/05/22 Close of Fact Discovery
`08/12/22 Opening Expert Reports
`09/09/22 Rebuttal Expert Reports
`09/30/22 Close of Expert Discovery
`10/07/22 Deadline for the second of two meet and confer 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.
`10/14/22 Dispositive motion deadline and Daubert motion deadline.
`See General Issues Note #8 regarding providing copies of the briefing to the Court
`and the technical adviser (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 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.
`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 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.
`Final Pretrial Conference. The Court expects to set this date at the conclusion of
`the Markman Hearing.
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`12/2/22
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`12/13/22
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`12/16/22
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`3
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`Case 1:22-cv-00058-LY Document 25 Filed 08/17/21 Page 4 of 4
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`01/06/23
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`Jury Selection/Trial. The Court expects to set this date at the conclusion of the
`Markman Hearing.
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`SIGNED this 17th day of August, 2021.
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`__________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4
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