`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
` CARBYNE BIOMETRICS, LLC,
`Plaintiff,
`
`vs.
`
`APPLE INC.,
`
`Defendant.
`
`Civil Action No. 1:23-cv-00324
`
`JURY TRIAL
`
`ORDER FOCUSING CLAIMS AND PRIOR ART TO REDUCE COSTS
`
`Having considered the parties’ Joint Motion to Enter Focusing Order,
`
`The Court ORDERS as follows:
`
`1. This Order supplements all other discovery rules and orders. It streamlines the issues in
`
`this case to promote a “just, speedy, and inexpensive determination” of this action, as provided by
`
`Federal Rule of Civil Procedure 1.
`
`Phased Limits on Asserted Claims and Prior Art References
`
`2. By June 10, 2024, the patent claimant shall serve a Preliminary Election of Asserted
`
`Claims, which shall assert no more than ten claims from each patent and not more than a total of
`
`36 claims. By June 17, 2024, the patent defendant shall serve a Preliminary Election of Asserted
`
`Prior Art, which shall assert no more than 16 prior art references against each patent and not more
`
`than a total of 50 references.
`
`3. No later than August 21, 2024, the patent claimant shall serve a Final Election of
`
`Asserted Claims, which shall identify no more than five asserted claims per patent from among
`
`the ten previously identified claims and no more than a total of 16 claims. By September 4, 2024,
`
`the patent defendant shall serve a Final Election of Asserted Prior Art, which shall identify no
`1
`
`NG-9J84MDUI 4892-6456-5432V4
`
`
`
`Case 1:23-cv-00324-ADA Document 111 Filed 06/07/24 Page 2 of 2
`
`more than ten asserted prior art references per patent from among the sixteen prior art references
`
`previously identified for that particular patent and no more than a total of 24 references. For
`
`purposes of this Final Election of Asserted Prior Art each obviousness combination counts as a
`
`separate prior art reference, and each combination must be specifically identified (e.g. reference A
`
`+ reference B).
`
`4. If the patent claimant asserts infringement of only one patent, all per-patent limits in this
`
`order are increased by 50%, rounding up.
`
`Modification of this Order
`
`5. Subject to Court approval, the parties may modify this Order by agreement, but should
`
`endeavor to limit the asserted claims and prior art references to the greatest extent possible. Absent
`
`agreement, post-entry motions to modify this Order’s numerical limits on asserted claims and prior
`
`art references must demonstrate good cause warranting the modification. Motions to modify other
`
`portions of this Order are committed to the sound discretion of the Court.1
`
`SO ORDERED.
`
`SIGNED THIS 7th day of June, 2024.
`
`________________________________
`UNITED STATES DISTRICT JUDGE
`ALAN D ALBRIGHT
`
`1 This Order contemplates that the parties and the Court may further narrow the issues during
`pretrial proceedings in order to present a manageable case at trial.
`
`NG-9J84MDUI 4892-6456-5432V4
`
`2
`
`
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