`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`JAWBONE INNOVATIONS, LLC,
` Plaintiff,
`
`
`v.
`
`APPLE INC.,
` Defendant.
`
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`CIVIL NO. 6:21-CV-00984-ADA
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`AMENDED SCHEDULING ORDER
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`Pursuant to the Court’s Standing Order Governing Proceedings in Patent Cases, and the
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`Discovery and Scheduling Order (ECF No. 103), the Parties hereby propose the below Amended
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`Scheduling Order for all remaining deadlines in this case. The Court ORDERS that the following
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`schedule will govern deadlines up to and including the trial of this matter:
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`Deadline
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`Item
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`November 15, 2022
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`Deadline to add parties.
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`November 29, 2022
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`December 13, 2022
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`December 20, 2022
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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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`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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`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.)
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`1
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`Case 6:21-cv-00984-ADA Document 107 Filed 10/20/22 Page 2 of 3
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`January 25, 2023
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`February 15, 2023
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`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.
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`Deadline for the second of two meet and confers to discuss
`significantly narrowing the number of claims asserted and
`prior art references at issue to triable limits. 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.
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`February 22, 2023
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`Close of Fact Discovery.
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`March 8, 2023
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`March 22, 2023
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`April 5, 2023
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`May 3, 2023
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`May 17, 2023
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`June 7, 2023
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`June 28, 2023
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`July 12, 2023
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`Parties shall exchange preliminary exhibit lists and witness
`lists. The preliminary exhibit lists and witness lists may be
`freely amended in good faith so long as the amendments do
`not amount to transfer motion gamesmanship.
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`Deadline for Plaintiff’s replacement transfer opposition brief
`(15 pages).
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`Deadline for Defendant’s replacement transfer reply brief (15
`pages).
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`Deadline for Plaintiff’s replacement transfer sur-reply brief
`(10 pages).
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`Markman hearing
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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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`Dispositive motion deadline and Daubert motion deadline.
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`See General Issues Note #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
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`July 26, 2023
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`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
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`2
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`Case 6:21-cv-00984-ADA Document 107 Filed 10/20/22 Page 3 of 3
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`August 2, 2023
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`August 9, 2023
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`August 16, 2023
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`August 23, 2023
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`August 30, 2023
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`Parties email the Court’s law clerk to confirm pretrial and trial
`dates.
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`Serve objections to rebuttal disclosures; 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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`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 email 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.
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`September 15, 2023
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`September 20, 2023
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`Final Pretrial Conference.
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`September 27, 20231
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`Jury Selection/Trial.
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`SIGNED this 20th day of October, 2022.
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`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`1 If the actual trial date materially differs from the Court’s default schedule, the Court will consider reasonable
`amendments to the case schedule post-Markman that are consistent with the Court’s default deadlines in light of the
`actual trial date.
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`3
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