American Patents LLC v. Mediatek, Inc. et al

Western District of Texas, txwd-6:2018-cv-00339

Exhibit B [Redline of Agreed Proposed Schedule vs Form Schedule]

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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-339-ADA § JUDGE ALBRIGHT MEDIATEK INC., et al., § § Defendants. § § [PROPOSED] AGREED SCHEDULING ORDER REDLINE OF PROPOSED DATES VS. APPENDIX A – DEFAULT SCHEDULE Formatted: Space Before: 0 pt, After: 0 pt Formatted: Font: Not Bold, No underline Deadline Item 10 days before Plaintiff serves preliminary 1 infringement contentions in the CMCTuesday, July 2, 2019 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. 2 weeks after CMCFriday, Deadline for Motions to Transfer July 26, 2019 1 The parties may amend preliminary infringement contentions and preliminary invalidity Formatted: Font: 12 pt contentions without leave of court so long as counsel certifies that it undertook reasonable efforts Formatted: Font: 12 pt 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 August 30, 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 September 13, 2019 11 weeks after CMCFriday, Parties exchange proposed claim constructions September 27, 2019 13 weeks after CMCFriday, Deadline to meet and confer to narrow terms in dispute and October 11, 2019 exchange revised list of terms/constructions 14 weeks after CMCFriday, Parties file Opening claim construction briefs, including any October 25, 2019 arguments that any claim terms are indefinite. 17 weeks after Parties file Responsive claim construction briefs, CMCWednesday, November 13, 2019 19 weeks after CMCFriday, Parties file Reply claim construction briefs. November 22, 2019 20 weeks after CMCWed., Parties submit Joint Claim Construction Statement, optional December 4, 2019 tutorials, and consolidated briefing collated by Opening, Response, and Reply. 2 Deadline Item 23 weeks after CMC (or as Markman Hearing at 9:00 a.m. soon as practicable)Friday, December 20, 2019 1 week after Markman Fact Discovery opens; deadline to serve Initial Disclosures per hearingFriday, January 3, Rule 26(a). 2020 6 weeks after Markman Deadline to add parties hearingFriday, February 7, 2020 8 weeks after Markman Deadline to serve Final Infringement and Invalidity hearingFriday, February 21, Contentions. 2020 12 weeks after Markman Deadline to amend pleadings. A motion is not required unless hearingFriday, March 20, the amendment adds patents or claims. 2020 24 weeks after Markman Close of Fact Discovery hearingFriday, June 12, 2020 25 weeks after Markman Opening Expert Reports hearing Friday, June 19, 2020 29 weeks after Markman Rebuttal Expert Reports hearingFriday, July 17, 2020 32 weeks after Markman Close of Expert Discovery hearingFriday, August 7, 2020 3 Deadline Item 33 weeks after Markman Deadline to meet and confer to discuss narrowing the number hearingFriday, August14, 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. hearingFriday, August 21, 2020 36 weeks after Markman Serve Pretrial Disclosures (jury instructions, exhibits lists, hearingFriday, September 4, witness lists, designations) 2020 38 weeks after Markman Serve objections to pretrial disclosures/rebuttal disclosures hearing Friday, September 18, 2020 39 weeks after Markman Serve objections to rebuttal disclosures and File Motions in hearingFriday, September limine 25, 2020 40 weeks after Markman File Joint Pretrial Order and Pretrial Submissions (jury hearingFriday, October 2, 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 hearingFriday, October 9, and disputes on motions in limine. 2020 3 business days before Final File joint notice identifying remaining objections to pretrial Pretrial disclosures and disputes on motions in limine. Conference.Tuesday, October 20, 2020 4 Deadline Item 43 weeks after Markman Final Pretrial Conference hearingFriday, October 23, 2020 44-47 weeks after Markman hearingFriday, October 30, Jury Selection/Trial 2020 – Friday, November 20, 2020 Formatted: Space Before: 0 pt, After: 0 pt 5