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

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

Exhibit B [Redline of Agreed Proposed Schedule vs Form]

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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 APPENDIX A – DEFAULT SCHEDULE Deadline Item 10 days before Plaintiff serves preliminary 1 infringement contentions in the CMCTuesday, July 30, form of a chart setting forth where in the accused product(s) 2019 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 Formatted: Space Before: 0 pt of the file history for each patent in suit. 2 weeks after CMCFriday, Deadline for Motions to Transfer Formatted: Space Before: 0 pt August 23, 2019 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 7 weeks after CMCFriday, Defendant serves preliminary invalidity contentions in the form Formatted: Space Before: 0 pt September 27, 2019 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. 9 weeks after CMCFriday, Parties exchange claim terms for construction October 11, 2019 Formatted: Space Before: 0 pt 11 weeks after CMCFriday, Parties exchange proposed claim constructions Formatted: Space Before: 0 pt October 25, 2019 13 weeks after CMCFriday, Deadline to meet and confer to narrow terms in dispute and November 8, 2019 exchange revised list of terms/constructions Formatted: Space Before: 0 pt 14 weeks after CMCFriday, Parties file Opening claim construction briefs, including any Formatted: Space Before: 0 pt November 22, 2019 arguments that any claim terms are indefinite. 17 weeks after Parties file Responsive claim construction briefs, Formatted: Space Before: 0 pt CMCWednesday, December 11, 2019 19 weeks after CMCFriday, Parties file Reply claim construction briefs. Formatted: Space Before: 0 pt December 20, 2019 20 weeks after CMCFriday, Parties submit Joint Claim Construction Statement, optional Formatted: Space Before: 0 pt January 3, 2019 tutorials, and consolidated briefing collated by Opening, Response, and Reply. 23 weeks after CMC (or as Markman Hearing at 9:00 a.m. Formatted: Space Before: 0 pt soon as practicable)Friday, January 24, 2020 2 Deadline Item 1 week after Markman Fact Discovery opens; deadline to serve Initial Disclosures per Formatted: Space Before: 0 pt hearingFriday, January 24, Rule 26(a). 2020 6 weeks after Markman Deadline to add parties Formatted: Space Before: 0 pt hearingFriday, February 28, 2020 8 weeks after Markman Deadline to serve Final Infringement and Invalidity Formatted: Space Before: 0 pt hearingFriday, March 13, Contentions. 2020 12 weeks after Markman Deadline to amend pleadings. A motion is not required unless Formatted: Space Before: 0 pt hearingFriday, April 10, the amendment adds patents or claims. 2020 24 weeks after Markman Close of Fact Discovery Formatted: Space Before: 0 pt hearingThursday, July 2, 2020 25 weeks after Markman Opening Expert Reports Formatted: Space Before: 0 pt hearing Friday, July 10, 2020 29 weeks after Markman Rebuttal Expert Reports Formatted: Space Before: 0 pt hearingFriday, August 7, 2020 32 weeks after Markman Close of Expert Discovery Formatted: Space Before: 0 pt hearingFriday, August 28, 2020 33 weeks after Markman Deadline to meet and confer to discuss narrowing the number Formatted: Space Before: 0 pt hearingFriday, September 4, of claims asserted and prior art references at issue. The parties 2020 shall file a report within 5 business days regarding the results of the meet and confer. 34 weeks after Markman Dispositive motion deadline and Daubert motion deadline. Formatted: Space Before: 0 pt hearingFriday, September 11, 2020 36 weeks after Markman Serve Pretrial Disclosures (jury instructions, exhibits lists, Formatted: Space Before: 0 pt hearingFriday, September witness lists, designations) 25, 2020 3 Deadline Item 38 weeks after Markman Serve objections to pretrial disclosures/rebuttal disclosures Formatted: Space Before: 0 pt hearing Friday, October 9, 2020 39 weeks after Markman Serve objections to rebuttal disclosures and File Motions in Formatted: Space Before: 0 pt hearingFriday, October 16, limine Formatted: Font: Not Bold 2020 40 weeks after Markman File Joint Pretrial Order and Pretrial Submissions (jury Formatted: Space Before: 0 pt hearingFriday, October 23, instructions, exhibits lists, witness lists, designations); file 2020 oppositions to motions in limine 41 weeks after Markman Deadline to meet and confer regarding remaining objections Formatted: Space Before: 0 pt hearingFriday, October 30, and disputes on motions in limine. 2020 3 business days before Final File joint notice identifying remaining objections to pretrial Formatted: Space Before: 0 pt Pretrial disclosures and disputes on motions in limine. Conference.Tuesday, November 10, 2020 43 weeks after Markman Final Pretrial Conference Formatted: Space Before: 0 pt hearingFriday, November 13, 2020 44-47 weeks after Markman Jury Selection/Trial Formatted: Space Before: 0 pt hearingFriday December 4, 2020 – Friday, December 18, 2020 Formatted: Font: Not Bold, No underline Formatted: Space Before: 0 pt, After: 0 pt 4