Case 6:21-cv-00984-ADA Document 23 Filed 01/07/22 Page 1 of 4
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`JAWBONE INNOVATIONS, LLC,
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`Case No. 6:21-cv-00984-ADA
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`v.
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`APPLE INC.,
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`Defendant.
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`SCHEDULING ORDER
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`Pursuant to the Court’s Standing Order Governing Proceedings in Patent Cases, and the
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`Notice of Unopposed Extension of Deadlines for Contentions (Dkt. 15), the Parties hereby
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`propose the below Scheduling Order for all deadlines in this case.
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`The Court ORDERS that the following schedule will govern deadlines up to and
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`including the trial of this matter:
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`Deadline
`January 13, 2022
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`April 6, 2022
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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.
`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
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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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`Case 6:21-cv-00984-ADA Document 23 Filed 01/07/22 Page 2 of 4
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`Deadline
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`April 20, 2022
`May 4, 2022
`May 11, 2022
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`May 18, 2022
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`May 25, 2022
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`June 15, 2022
`June 29, 2022
`July 13, 2022
`July 18, 2022
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`Event
`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, and (2) technical documents, including software
`where applicable, sufficient to show the operation of the accused
`product(s).
`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.
`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 indefinite.
`Plaintiff files Responsive claim construction brief.
`Defendant files Reply claim construction brief.
`Plaintiff files a Sur-Reply claim construction brief.
`Parties submit Joint Claim Construction Statement.
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`July 20, 2022
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`July 27, 2022
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`See General Issues Note #9 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).
`Markman Hearing at 9:00 a.m. This date is a placeholder and the Court
`may adjust this date as the Markman hearing approaches.
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`Deadline to add parties.
`September 7, 2022
`September 21, 2022 Deadline to serve Final Infringement 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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`July 28, 20223
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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 All dates post-Markman hearing will be adjusted depending on the actual date of the Markman hearing.
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`2
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`Case 6:21-cv-00984-ADA Document 23 Filed 01/07/22 Page 3 of 4
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`Event
`Deadline
`September 28, 2022 Deadline to serve Final 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
`November 16, 2022 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.)
`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.
`Close of Fact Discovery
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
`Deadline for the 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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`January 25, 2023
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`February 22, 2023
`March 1, 2023
`March 29, 2023
`April 19, 2023
`April 26, 2023
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`May 3, 2023
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`May 17, 2023
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`May 31, 2023
`June 7, 2023
`June 14, 2023
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`June 21, 2023
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`See General Issues Note #9 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; 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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`May 31, 2023
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`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`Parties email the Court’s law clerk to confirm pretrial and trial dates.
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`3
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`Case 6:21-cv-00984-ADA Document 23 Filed 01/07/22 Page 4 of 4
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`Deadline
`June 29, 2023
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`July 5, 2023
`July 26, 20234
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`Event
`File joint notice identifying remaining objections to pretrial disclosures
`and disputes on motions in limine.
`Final Pretrial Conference.
`Jury Selection/Trial.
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`January 7, 2022
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`_______________________________
`HONORABLE ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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`4 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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`4
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