`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`
`CARBYNE BIOMETRICS, LLC,
`
`
`
`
`
`
`
`Plaintiff,
`
`Civil Action No. 1:23-cv-00324
`
`vs.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`
`
`
`JURY TRIAL
`
`
`AMENDED SCHEDULING ORDER
`
`
`
`
`Per the discovery dispute submitted Plaintiff Carbyne Biometrics, LLC (“Carbyne”) and
`
`Defendant Apple Inc. (“Apple”) (collectively, the “Parties”), submit the following Amended
`
`Scheduling Order. The Court has considered and finds the following deadlines should be amended
`
`as follows:
`
`Current Deadline
`
`Amended Deadline
`
`Item
`
`October 9, 2024
`
`October 17, 2024
`
`Close of Expert Discovery.
`
`October 16, 2024
`
`October 23, 2024
`
`October 23, 2024
`
`October 30, 2024
`
`
`
`Final Election of Asserted Prior Art by
`Defendant.
`
`Deadline for second of two meet and
`confers 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.
`
`Joint Report regarding results of
`second meet and confer discussing the
`narrowing of the number of claims
`
`
`
`Case 1:23-cv-00324-ADA Document 152 Filed 10/17/24 Page 2 of 3
`
`
`
`
`
`October 23, 2024
`
`October 30, 2024
`
`November 6, 2024 November 13, 2024
`
`November 6, 2024 November 13, 2024
`
`November 13, 2024 November 20, 2024
`
`November 20, 2024 November 27, 2024
`
`November 20, 2024 November 27, 2024
`
`November 27, 2024 December 4, 2024
`
`December 4, 2024 December 11, 2024
`
`December 11, 2024 December 18, 2024
`
`December 11, 2024 December 18, 2024
`
`2
`
`asserted and prior art references at
`issue to triable limits.
`Dispositive motion deadline and
`Daubert motion deadline.
`
`See General Issue Note #7 regarding
`providing copies of the briefing to the
`Court and the technical advisor (if
`appointed).
`Serve Pretrial Disclosures (jury
`instructions, exhibits lists, witness
`lists, discovery and deposition
`designations.
`Dispositive motion response deadline
`and Daubert motion response
`deadline.
`
`Dispositive motion reply deadline and
`Daubert motion reply deadline.
`
`Serve objections to pretrial
`disclosures/rebuttal disclosures
`Parties to Jointly email the Court’s
`law clerk (See OGP at 1) to confirm
`their pretrial conference and trial
`dates.
`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 the request shall file a notice
`with the Court and email the Court
`reporter, Kristie Davis at
`kmdaviscsr@yahoo.com.
`Deadline to file replies to motions in
`limine.
`
`
`
`Case 1:23-cv-00324-ADA Document 152 Filed 10/17/24 Page 3 of 3
`
`December 18, 2024 December 20, 20241
`
`January 2, 2025
`
`January 9, 2025
`
`January 7, 2025
`
`January 14, 2025
`
`January 28, 2025
`
`No change
`
`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. Held in
`person unless otherwise requested.
`Jury Selection/Trial
`
`SO ORDERED.
`
`Signed this 17th day of October, 2024.
`
`_______________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`1 Adjusted for holidays.
`
`3
`
`
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