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`Case 1:23-cv-00324-ADA Document 33 Filed 07/14/23 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`CARBYNE BIOMETRICS, LLC,
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`Plaintiff,
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`Civil Action No. 1:23-cv-00324
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`vs.
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`APPLE INC.,
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`Defendant.
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`
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`JURY TRIAL
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`
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`Deadline
`June 28, 2023
`(14 days after filing Notice of
`Readiness)
`June 21, 2023
`(7 days before CMC)
`
`
`
`SCHEDULING ORDER
`
`Item
`Case Management Conference (deemed to occur).
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`Plaintiff serves preliminary 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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`July 19, 2023
`(3 weeks after CMC)
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`Deadline to file a motion for inter-district transfer. After this
`deadline, movants must seek leave of Court and show good
`cause for the delay.
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`August 16, 2023
`(7 weeks after CMC)
`August 30, 2023
`(9 weeks after CMC)
`September 13, 2023
`(11 weeks after CMC)
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`Defendant serves preliminary invalidity contentions.
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`Parties exchange claim terms for construction.
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`Parties exchange proposed claim constructions.
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`1
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`Case 1:23-cv-00324-ADA Document 33 Filed 07/14/23 Page 2 of 4
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`September 20, 2023
`(12 weeks after CMC)
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`September 27, 2023
`(13 weeks after CMC)
`October 4, 2023
`(14 weeks after CMC)
`October 25, 2023
`(17 weeks after CMC)
`November 8, 2023
`(19 weeks after CMC)
`November 8, 2023
`(19 weeks after CMC)
`November 22, 2023
`(21 weeks after CMC)
`November 29, 2023
`(3 business days after submission
`of sur-reply)
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`November 29, 2023
`(22 after CMC (but at least 10
`days before Markman hearing)
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`December 6, 2023
`(23 weeks after CMC (or as soon
`as practicable))
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`December 7, 2023
`(1 business day after Markman
`hearing)
`January 17, 2024
`(6 weeks after Markman hearing)
`January 31, 2024
`(8 weeks after Markman hearing)
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`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. 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.
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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`Defendant files Opening claim construction brief, including
`any arguments that any claim terms are not indefinite.
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`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief.
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`Parties to jointly email the law clerks (see OGP at 1) to
`confirm their Markman date and to notify if any venue or
`jurisdictional motions remain unripe for resolution.
`Plaintiff files a Sur-Reply claim construction brief.
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`Parties submit Joint Claim Construction Statement and email
`the law clerks an editable copy.
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`See General Issues Note #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).
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`Markman Hearing at 9:00 a.m. This date is a placeholder and
`the Court may adjust this date as the Markman hearing
`approaches.
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`Fact discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
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`Deadline to add parties.
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`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.
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`2
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`Case 1:23-cv-00324-ADA Document 33 Filed 07/14/23 Page 3 of 4
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`March 27, 2024
`(16 weeks after Markman
`hearing)
`June 5, 2024
`(26 weeks after Markman
`hearing)
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`July 3, 2024
`(30 weeks after Markman
`hearing)
`July 10, 2024
`(31 weeks after Markman
`hearing)
`August 7, 2024
`(35 weeks after Markman
`hearing)
`August 28, 2024
`(38 weeks after Markman
`hearing)
`September 4, 2024
`(39 weeks after Markman
`hearing)
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`September 11, 2024
`(40 weeks after Markman
`hearing)
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`September 25, 2024
`(42 weeks after Markman
`hearing)
`October 9, 2024
`(44 weeks after Markman
`hearing)
`October 16, 2024
`(45 weeks after Markman
`hearing)
`October 23, 2024
`(46 weeks after Markman
`hearing)
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`Deadline to amend pleadings. A motion is not required unless
`the amendment adds patents or claims. (Note: This includes
`amendments in response to a 12(c) motion.)
`Deadline for 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.
`Close of Fact Discovery.
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`Opening Expert Reports.
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`Rebuttal Expert Reports.
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`Close of Expert Discovery.
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`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. The parties shall file a Joint
`Report within 5 business days regarding the results of the
`meet and confer.
`Dispositive motion deadline and Daubert motion deadline.
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`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.
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`Serve objections to pretrial disclosures/rebuttal
`disclosures.
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`Serve objections to rebuttal disclosures and file motions in
`limine.
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`File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibits lists, witness lists, discovery and
`deposition designations); file oppositions to motions in
`limine.
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`3
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`Case 1:23-cv-00324-ADA Document 33 Filed 07/14/23 Page 4 of 4
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`October 30, 2024
`(47 weeks after Markman
`hearing)
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`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.
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`
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`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
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`Parties to Jointly email the Court’s law clerk (See OGP at 1)
`to confirm their pretrial conference and trial dates.
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`Final Pretrial Conference. Held in person unless otherwise
`requested.
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`Jury Selection/Trial.
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`November 6, 2024
`(48 weeks after Markman
`hearing)
`October 9, 2024
`(8 weeks before trial)
`November 7, 2024
`(3 business days before Final
`Pretrial Conference)
`November 13, 2024 at 9 AM
`(49 weeks after Markman hearing
`(or as soon as practicable)
`December 4, 2024 at 9:30 AM
`(52 weeks after Markman hearing
`(or as soon as practicable)
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`SIGNED this 14th day of July, 2023
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`
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4
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