American Patents LLC v. Analog Devices, Inc. et al

Western District of Texas, txwd-6:2018-cv-00356

Exhibit A [Agreed Proposed Scheduling Order]

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United States District Court Western District of Texas Waco Division AMERICAN PATENTS LLC, § § Plaintiff, § § v. § CIVIL ACTION NO. 6:18-CV-356-ADA § JUDGE ALBRIGHT ANALOG DEVICES, INC., et al., § § Defendants. § § [PROPOSED] AGREED SCHEDULING ORDER Deadline Item Tuesday, July 30, 2019 Plaintiff serves preliminary 1 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 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. Friday, August 23, 2019 Deadline for Motions to Transfer 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 claims requires leave of court so that the Court can address any scheduling issues. 1 Deadline Item Friday, September 27, 2019 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 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, (2) technical documents, including software where applicable, sufficient to show the operation of the accused product(s), and (3) summary, annual sales information for the accused product(s) for the prior two years, unless the parties agree to some other timeframe. Friday, October 11, 2019 Parties exchange claim terms for construction Friday, October 25, 2019 Parties exchange proposed claim constructions Friday, November 8, Deadline to meet and confer to narrow terms in dispute and 20182019 exchange revised list of terms/constructions Friday, November 22, 2019 Parties file Opening claim construction briefs, including any arguments that any claim terms are indefinite. FridayWednesday, Parties file Responsive claim construction briefs, December 11, 2019 MondayFriday, December Parties file Reply claim construction briefs. 20, 2019 Friday, January 3, 2019 Parties submit Joint Claim Construction Statement, optional tutorials, and consolidated briefing collated by Opening, Response, and Reply. Friday, January 24, 2020 Markman Hearing at 9:00 a.m. Friday, January 24, 2020 Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a). Friday, February 28, 2020 Deadline to add parties 2 Deadline Item Friday, March 13, 2020 Deadline to serve Final Infringement and Invalidity Contentions. Friday, April 10, 2020 Deadline to amend pleadings. A motion is not required unless the amendment adds patents or claims. Thursday, July 2, 2020 Close of Fact Discovery Friday, July 10, 2020 Opening Expert Reports Friday, August 7, 2020 Rebuttal Expert Reports Friday, August 28, 2020 Close of Expert Discovery Friday, September 4, 2020 Deadline to meet and confer to discuss narrowing the number of claims asserted and prior art references at issue. The parties shall file a report within 5 business days regarding the results of the meet and confer. Friday, September 11, 2020 Dispositive motion deadline and Daubert motion deadline. Friday, September 25, 2020 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, designations) Friday, October 9, 2020 Serve objections to pretrial disclosures/rebuttal disclosures Friday, October 16, 2020 Serve objections to rebuttal disclosures and File Motions in limine Friday, October 23, 2020 File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits lists, witness lists, designations); file oppositions to motions in limine Friday, October 30, 2020 Deadline to meet and confer regarding remaining objections and disputes on motions in limine. Tuesday, November 10, File joint notice identifying remaining objections to pretrial 2020 disclosures and disputes on motions in limine. Friday, November 13, 2020 Final Pretrial Conference Friday December 4, 2020 – Jury Selection/Trial Friday, December 18, 2020 3