IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION
WORLDS INC.,
Plaintiff,
v.
MICROSOFT CORPORATION,
Defendant.
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Case No. 6:20-cv-872-ADA
SCHEDULING ORDER
Upon motion of the parties, and upon good cause shown, the court enters the following
schedule for this action:
Deadline Item
12/21/2020
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 identify the earliest
priority date (i.e. the earliest date of invention) 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 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
patent claims requires leave of court so that the Court can address any
scheduling issues.
1/11/2021
The Parties shall submit an agreed Scheduling Order. If the parties cannot
agree, the parties shall submit a separate Joint Motion for entry of each
Order briefly setting forth their respective positions on items where they
cannot agree. Absent agreement of the parties, the Plaintiff shall be
responsible for the timely submission of this and other Joint filings
Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 1 of 5
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Deadline Item
1/11/2021 Deadline for Motions to Transfer
2/15/2021
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, and (2) technical documents, including software where
applicable, sufficient to show the operation of the accused product(s)
No sales summaries need be produced on this date.
3/5/2021 Parties exchange claim terms for construction.
3/19/2021 Parties exchange proposed claim constructions.
4/2/2021
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 indefiniteness. With
respect to any expert identified, the parties shall identify the scope of the
topics for the witness’s expected testimony.[2] 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.
[2] Any party may utilize a rebuttal expert in response to a brief where
expert testimony is relied upon by the other party.
4/2/2021 Deadline to meet and confer to narrow terms in dispute and exchange
revised list of terms/constructions.
4/9/2021 Plaintiff files Opening claim construction brief, including any arguments
that any claim terms are indefinite.
4/30/2021 Defendant files Responsive claim construction brief.
Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 2 of 5
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Deadline Item
5/14/2021 Plaintiff files Reply claim construction brief.
5/28/2021 Defendant files Sur-Reply claim construction brief.
5/31/2021
Parties submit Joint Claim Construction Statement.
See General Issues Note #8 regarding providing copies of the briefing to
the Court and the technical adviser (if appointed).
6/4/2021
Parties submit optional technical tutorials to the Court and technical
adviser (if appointed).[3]
[3] The parties should contact the law clerk to request a Box link so that
the party can directly upload the file to the Court’s Box account.
6/11/2021 Markman Hearing at 9:30 a.m. for one hour
6/12/2021 Fact Discovery opens; deadline to serve Initial Disclosures per Rule
26(a).
7/23/2021 Deadline to add parties.
8/6/2021
Deadline to serve Final Infringement and Invalidity Contentions. After
this date, leave of Court is required for any amendment to Infringement
or Invalidity contentions. This deadline does not relieve the Parties of
their obligation to seasonably amend if new information is identified after
initial contentions.
10/2/2021
Deadline to amend pleadings. A motion is not required unless the
amendment adds patents or patent claims. (Note: This includes
amendments in response to a 12(c) motion.)
9/13/2021
Deadline for the first of two meet and confers to discuss significantly
narrowing the number of claims asserted and prior art references at issue.
Unless the parties agree to the narrowing, they are ordered to contact the
Court’s Law Clerk to arrange a teleconference with the Court to resolve
the disputed issues.
10/11/2021 Close of Fact Discovery
10/18/2021 Opening Expert Reports
11/15/2021 Rebuttal Expert Reports
12/6/2021 Close of Expert Discovery
Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 3 of 5
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Deadline Item
12/13/2021
Deadline for the second of two meet and confer to discuss narrowing the
number of claims asserted and prior art references at issue to triable
limits. To the extent it helps the parties determine these limits, the parties
are encouraged to contact the Court’s Law Clerk for an estimate of the
amount of trial time anticipated per side. The parties shall file a Joint
Report within 5 business days regarding the results of the meet and
confer.
12/20/2021
Dispositive motion deadline and Daubert motion deadline.
See General Issues Note #8 regarding providing copies of the briefing to
the Court and the technical adviser (if appointed).
1/3/2022 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
discovery and deposition designations).
1/17/2022 Serve objections to pretrial disclosures/rebuttal disclosures.
1/24/2022 Serve objections to rebuttal disclosures and File Motions in-limine.
1/31/2022
File Joint Pretrial Order and Pretrial Submissions (jury instructions,
exhibits lists, witness lists, discovery and deposition designations); file
oppositions to motions in limine.
2/7/2022
File Notice of Request for Daily Transcript or Real Time Reporting. If a
daily transcript or real time reporting of court proceedings is requested
for trial, the party or parties making said request shall file a notice with
the Court and e-mail the Court Reporter, Kristie Davis at
kmdaviscsr@yahoo.com
Deadline to meet and confer regarding remaining objections and disputes
on motions in limine.
2/18/2022 File joint notice identifying remaining objections to pretrial disclosures
and disputes on motions in-limine.
2/21/2022 Final Pretrial Conference. The Court expects to set this date at the
conclusion of the Markman Hearing.
3/14/2022 Jury Selection/Trial. The Court expects to set this date at the conclusion
of the Markman Hearing.
Case 6:20-cv-00872-ADA Document 31 Filed 01/15/21 Page 4 of 5
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ORDERED this _____ day of ____________, 2021.
_____________________________
ALAN D ALBRIGHT
UNITED STATES DISTRICT JUDGE
AI
