Bicameral LLC v. NXP USA, Inc. et al

Western District of Texas, txwd-6:2018-cv-00294

Proposed Scheduling Order (Agreed Scheduling Order) by Bicameral LLC.

Interested in this case?

Current View

Full Text

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION BICAMERAL, LLC, Plaintiff Case No. 6:18-cv-00294-ADA v. JURY TRIAL DEMANDED NXP USA, INC., NXP SEMICONDUCTORS N.V. AND NXP B.V., Defendants. [PROPOSED] AGREED SCHEDULING ORDER On March 15, 2019, the Court conducted a conference in the above entitled and numbered case. All parties appeared through counsel. As a result of such hearing, and pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following schedule will govern deadlines up to and including the trial of this matter: Deadline Item March 5, 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. March 15, 2019 Case Management Conference March 29, 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 July 3, 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. July 12, 2019 Parties exchange claim terms for construction. July 23, 2019 Parties exchange proposed claim constructions. August 1, 2019 Deadline to meet and confer to narrow terms in dispute and exchange revised list of terms/constructions. August 12, 2019 Parties file Opening claim construction briefs, including any arguments that any claim terms are indefinite. September 3, 2019 Parties file Responsive claim construction briefs. September 17, 2019 Parties file Reply claim construction briefs. September 23, 2019 Parties submit Joint Claim Construction Statement, optional tutorials, and consolidated briefing collated by Opening, Response, and Reply. October 10-11, 2019 Markman Hearing October 18, 2019 Fact Discovery opens, deadline to serve Initial Disclosure per Rule 26(a). November 15, 2019 Deadline to add parties. November 29, 2019 Deadline to serve Final Infringement and Invalidity Contentions. December 27, 2019 Deadline to amend pleadings. A motion is not required unless the amendment adds patents or claims. March 20, 2020 Close of Fact Discovery March 27, 2020 Opening Expert Reports April 24, 2020 Rebuttal Expert Reports -2- May 15, 2020 Close of Expert Discovery May 22, 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. May 29, 2020 Dispositive motion deadline and Daubert motion deadline. June 12, 2020 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, designations) June 26, 2020 Serve objections to pretrial disclosures/rebuttal disclosures. July 3, 2020 Serve objections to rebuttal disclosures and File Motions in-limine. July 10, 2020 File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits lists, witness lists, designations); file oppositions to motions in limine. July 17, 2020 Deadline to meet and confer regarding remaining objections and disputes on motions in limine. July 28, 2020 File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in-limine. July 31, 2020 Final Pretrial Conference August 17 – August 28, Jury Selection/Trial 2020 -3-