Solas Oled Ltd. v. LG Display Co., Ltd. et al

Western District of Texas, txwd-6:2019-cv-00236

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION SOLAS OLED LTD., Plaintiff, Case No. 6:19-cv-00236-ADA v. LG DISPLAY CO., LTD., LG ELECTRONICS, INC., and SONY CORPORATION, Defendants. SCHEDULING ORDER On December 6, 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 Tuesday, November 26, Plaintiff serves preliminary infringement contentions1 in the 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 identify the earliest priority date (i.e. the earliest date of in- vention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each pa- tent in suit. 1 The parties may amend preliminary infringement contentions and preliminary infringement in- validity contentions without leave of court so long as counsel certifies that it undertook reason- able efforts to prepare its preliminary contentions and the amendment is based on material identified after those preliminary contentions were served and should do so reasonably upon identifying any such material. Any amendment to add claims requires leave of court so that the Court can address any scheduling issues. 1 Friday, December 20, 2019 Deadline for Motions to Transfer Friday, January 24, 2020 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) tech- nical documents, including software where applicable, sufficient to show the operation of the accused product(s), and (3) sum- mary, annual sales information for the accused product(s) for the prior two years, unless the parties agree to some other timeframe. Friday, February 7, 2020 Parties exchange claim terms for construction. Friday, February 21, 2020 Parties exchange proposed claim constructions. Friday, February 28, 2020 Parties disclose extrinsic evidence. The parties shall disclose any extrinsic evidence, including the identity of any expert witness they may rely upon with respect to claim construction or indefi- niteness. With respect to any expert identified, the parties shall also provide a summary of the witness's expected testimony in- cluding the opinions to be expressed and a general description of the basis and reasons therefore. A failure to summarize the po- tential expert testimony in a good faith, informative fashion may result in the exclusion of the proffered testimony. With respect to items of extrinsic evidence, the parties shall identify each such item by production number or produce a copy of any such item if not previously produced. Friday, March 6, 2020 Deadline to meet and confer to narrow terms in dispute and ex- change revised list of terms/constructions. Friday, March 13, 2020 Parties file Opening claim construction briefs, including any ar- guments that any claim terms are indefinite. Friday, April 3, 2020 Parties file Responsive claim construction briefs. Friday, April 17, 2020 Parties file Reply claim construction briefs. Friday, April 24, 2020 Parties submit Joint Claim Construction Statement and consoli- dated briefing collated by Opening, Response, and Reply in Mi- crosoft Word format. Absent agreement of the parties, the Plaintiff shall be responsible for the timely submission of this and other Joint filings. 2 Friday, May 22, 2020 Markman Hearing at 9:00 a.m. Friday, May 29, 2020 Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a). Monday, July 6, 2020 Deadline to add parties. Friday, July 17, 2020 Deadline to serve Final Infringement and Invalidity Contentions. Friday, August 14, 2020 Deadline to amend pleadings. A motion is not required unless the amendment adds patents or claims. Friday, October 30, 2020 Close of Fact Discovery. Friday, November 6, 2020 Opening Expert Reports. Friday, December 4, 2020 Rebuttal Expert Reports. Wednesday, December 23, Close of Expert Discovery. 2020 Friday, January 8, 2021 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, January 15, 2021 Dispositive motion deadline and Daubert motion deadline. Friday, January 29, 2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, wit- ness lists, discovery and deposition designations). Friday, February 12, 2021 Serve objections to pretrial disclosures/rebuttal disclosures. Friday, February 19, 2021 Serve objections to rebuttal disclosures and File Motions in limine. Friday, February 26, 2021 File Joint Pretrial Order and Pretrial Submissions (jury instruc- tions, exhibits lists, witness lists, discovery and deposition des- ignations); file oppositions to motions in limine. Friday, March 5, 2021 Deadline to meet and confer regarding remaining objections and disputes on motions in limine. 3 business days before File joint notice identifying remaining objections to pretrial dis- Final Pretrial Conference. closures and disputes on motions in limine. Final Pretrial Conference. The Court expects to set the Pretrial Conference within 2-4 weeks of the trial date. 3 Jury Selection/Trial. The Court expects to set this date at the conclusion of the Markman Hearing. SIGNED this day of _________________________, 20____. _______________________________________ ALAN D. ALBRIGHT UNITED STATES DISTRICT JUDGE 4