Lupercal LLC v. Plains Capital Bank

Western District of Texas, txwd-6:2019-cv-00202

ORDER SETTING MARKMAN HEARING, FINAL PRETRIAL CONFERENCE AND JURY SELECTION AND TRIAL. Markman Hearing set for 1/24/2020 01:30 PM in Austin before Judge Alan D Albright. Final Pretrial Conference set for 1/5/2021 09:30 AM in Waco before Judge Alan D Albright. Jury Selection and Trial set for 1/11/2021 09:30 AM in Waco before Judge Alan D Albright. Signed by Judge Alan D Albright. (mc5)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION LUPERCAL LLC, Plaintiff Case No. 6:19-cv-00202-ADA v. JURY TRIAL DEMANDED PLAINS CAPITAL BANK, Defendants AGREED SCHEDULING ORDER On August 9, 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 July 30, 2019 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 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. 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. August 9, 2019 Case Management Conference August 23, 2019 Deadline for Motions to Transfer 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. October 11, 2019 Parties exchange claim terms for construction. October 25, 2019 Parties exchange proposed claim constructions. November 8, 2019 Deadline to meet and confer to narrow terms in dispute and exchange revised list of terms/constructions. November 15, 2019 Parties file Opening claim construction briefs, including any arguments that any claim terms are indefinite. December 6, 2019 Parties file Responsive claim construction briefs. December 20, 2019 Parties file Reply claim construction briefs. December 27, 2019 Parties submit Joint Claim Construction Statement, optional tutorials, and consolidated briefing collated by Opening, Response, and Reply. January 24, 2020 Markman Hearing at 1:30 p.m. in Austin, Texas January 27, 2020 Fact Discovery opens, deadline to serve Initial Disclosure per SCHEDULING ORDER 2 Rule 26(a). February 28, 2020 Deadline to add parties. March 13, 2020 Deadline to serve Final Infringement and Invalidity Contentions. April 10, 2020 Deadline to amend pleadings. A motion is not required unless the amendment adds patents or claims. July 3, 2020 Close of Fact Discovery July 10, 2020 Opening Expert Reports August 7, 2020 Rebuttal Expert Reports August 28, 2020 Close of Expert Discovery 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. September 11, 2020 Dispositive motion deadline and Daubert motion deadline. September 25, 2020 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, designations) October 9, 2020 Serve objections to pretrial disclosures/rebuttal disclosures. October 16, 2020 Serve objections to rebuttal disclosures and File Motions in- limine. October 23, 2020 File Joint Pretrial Order and Pretrial Submissions (jury instructions, exhibits lists, witness lists, designations); file oppositions to motions in limine. October 30, 2020 Deadline to meet and confer regarding remaining objections and disputes on motions in limine. SCHEDULING ORDER 3 November 10, 2020 File joint notice identifying remaining objections to pretrial disclosures and disputes on motions in-limine. January 5, 2021 Final Pretrial Conference January 11, 2021 Jury Selection/Trial SIGNED this 13th day of August, 2019. ALAN D ALBRIGHT UNITED STATES DISTRICT JUDGE SCHEDULING ORDER 4