Case 6:20-cv-00066-ADA Document 26 Filed 05/08/20 Page 1 of 3
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVSION
`
`INTERACTIVE PLAY DEVICES LLC, a
`Texas limited liability company,
`
` CIVIL ACTION FILE NO.
`
` Plaintiff,
`
` 6:20-cv-00066-ADA
`
`v.
`
`SPIN MASTER LTD., a foreign corporation,
` Defendant.
`
` JURY TRIAL DEMANDED
`
`AGREED SCHEDULING ORDER
`
`On April 29, 2020, 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
`
`April 22, 2020
`
`June 12, 2020
`
`July 17, 2020
`
`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 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.
`Deadline for Motions to Transfer
`
`Defendant serves preliminary invalidity contentions in the form of (1) a
`chart setting forth where in the prior art references each element of the
`
`1 The parties may amend preliminary infringement contentions and preliminary invalidity
`contentions without leave of the 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.
`
`SCHEDULING ORDER
`
`1
`
`IPR2021-00314
`Spin Master EX1029 Page 1
`
`

`

`Case 6:20-cv-00066-ADA Document 26 Filed 05/08/20 Page 2 of 3
`
`July 31, 2020
`August 14, 2020
`August 21, 2020
`
`August 28, 2020
`
`September 4, 2020
`
`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.
`Parties exchange claim terms for construction.
`Parties exchange proposed claim constructions.
`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 also provide a summary of the witness’s
`expected testimony including the opinions to be expressed and a general
`description of the basis and reasons therefore. A failure to summarize the
`potential 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.
`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
`Parties file Opening claim construction briefs, including any arguments
`that any claim terms are indefinite.
`September 25, 2020 Parties file Responsive claim construction briefs.
`October 9, 2020
`Parties file Reply claim construction briefs.
`October 16, 2020
`Parties submit Joint Claim Construction Statement. In addition to filing,
`the parties shall jointly submit, via USB drive, cloud-storage, or email to
`the law clerk pdf versions of all as-filed briefing and exhibits. Absent
`agreement of the parties, the Plaintiff shall be responsible for the timely
`submission of this and other Joint filings.
`Markman Hearing
`
`October 30, 2020,
`9:30 a.m.
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule 26(a).
`November 6, 2020
`December 11, 2020 Deadline to add parties.
`December 28, 2020 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
`
`SCHEDULING ORDER
`
`2
`
`IPR2021-00314
`Spin Master EX1029 Page 2
`
`

`

`Case 6:20-cv-00066-ADA Document 26 Filed 05/08/20 Page 3 of 3
`
`January 22, 2021
`
`May 28, 2021
`June 4, 2021
`July 2, 2021
`July 23, 2021
`July 30, 2021
`
`August 6, 2021
`August 20, 2021
`
`obligation to seasonably amend if new information is identified after initial
`contentions.
`Deadline to amend pleadings. A motion is not required unless the
`amendment adds patents or claims.
`Close of Fact Discovery.
`Opening Expert Reports.
`Rebuttal Expert Reports.
`Close of Expert Discovery.
`Deadline to meet and confer to discuss narrowing the number of claims
`asserted and prior art references at issue. The parties shall file a Joint
`Report within 5 business days regarding the results of the meet and confer.
`Dispositive motion deadline and Daubert motion deadline.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
`September 3, 2021
`September 10, 2021 Serve objections to rebuttal disclosures and File Motions in limine.
`September 17, 2021 File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations); file
`oppositions to motions in limine
`September 24, 2021 Deadline to meet and confer regarding remaining objections and disputes
`on motions in limine.
`File joint notice identifying remaining objections to pretrial disclosures and
`disputes on motions in limine.
`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
`Jury Selection/Trial. The Court expects to set this date at the conclusion of
`the Markman Hearing.
`
`October 5, 2021
`
`TBD
`
`TBD
`
`
`
`
`
`
`
`
`
`
`
`
`
`DATED: ___________________
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`___________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`SCHEDULING ORDER
`
`3
`
`May 8, 2020
`
`IPR2021-00314
`Spin Master EX1029 Page 3
`
`