Case 6:21-cv-00186-ADA Document 17 Filed 08/13/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`OPTICAL LICENSING, LLC,
`
`Plaintiff
`
` v.
`
`Case No. 6:21-cv-00186-ADA
`
`JURY TRIAL DEMANDED
`
`ARROW ELECTRONICS, INC.,
`
`Defendant
`
`OPTICAL LICENSING, LLC,
`
`Plaintiff
`
` v.
`
`Case No. 6:21-cv-00188-ADA
`
`JURY TRIAL DEMANDED
`
`FUTURE ELECTRONICS CORP.,
`
`Defendant
`
` AGREED SCHEDULING ORDER
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`Pursuant to the Order Governing Proceedings, and pursuant to Rule 16, Federal
`
`Rules of Civil Procedure, the Court ORDERS that the following schedule will govern
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`deadlines up to and including the trial of this matter:
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`

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`Case 6:21-cv-00186-ADA Document 17 Filed 08/13/21 Page 2 of 5
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`Deadline
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`6/30/2021
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`Item
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`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.
`
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`7/7/2021
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`Case Management Conference - deemed to occur on this date for
`scheduling purposes.
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`7/21/2021
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`9/10/2021
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`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.
`
`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).
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`9/17/2021
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`Parties exchange claim terms for construction.
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`9/29/2021
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`Parties exchange proposed claim constructions.
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`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.
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`SCHEDULING ORDER
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`2
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`

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`Case 6:21-cv-00186-ADA Document 17 Filed 08/13/21 Page 3 of 5
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`9/29/2021
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`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.
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`10/6/2021
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`Deadline to meet and confer to narrow terms in dispute and exchange
`revised list of terms/constructions.
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`10/20/2021
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`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are not indefinite.
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`11/3/2021
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`Plaintiff files Responsive claim construction brief.
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`11/17/2021
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`Defendant files Reply claim construction brief.
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`12/1/2021
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`Plaintiff files Sur-Reply claim construction brief.
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`12/4/2021
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`Parties submit Joint Claim Construction Statement.
`See General Issues Note #9 regarding providing copies of the briefing
`to the Court and the technical adviser (if appointed).
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`12/8/2021
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`Parties submit optional technical tutorials to the Court and technical
`adviser (if appointed).3
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`1/13/2022
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`Markman Hearing at 9:00 a.m. This date is a placeholder and the
`Court may adjust this date as the Markman hearing approaches.
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`1/14/2021
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`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
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`1/26/2022
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`Deadline to add parties.
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`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`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.
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`SCHEDULING ORDER
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`3
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`

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`Case 6:21-cv-00186-ADA Document 17 Filed 08/13/21 Page 4 of 5
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`2/9/2022
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`4/6/2022
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`6/15/2022
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`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.
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`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.)
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`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.
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`7/13/2022
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`Close of Fact Discovery
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`7/20/2022
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`Opening Expert Reports
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`8/17/2022
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`Rebuttal Expert Reports
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`9/7/2022
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`Close of Expert Discovery
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`9/14/2022
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`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.
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`9/21/2022
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`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).
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`10/5/2022
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
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`SCHEDULING ORDER
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`4
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`

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`Case 6:21-cv-00186-ADA Document 17 Filed 08/13/21 Page 5 of 5
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`10/19/2022
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`10/26/2022
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`Serve objections to rebuttal disclosures and File Motions in-limine.
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`11/2/2022
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`11/9/2022
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, discovery and deposition designations);
`file oppositions to motions in limine.
`
`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
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`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
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`11/20/2022
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in-limine.
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`12/2/2022
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`Final Pretrial Conference. The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`1/13/2023
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`Jury Selection/Trial. The Court expects to set this date at the
`conclusion of the Markman Hearing.
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`Signed on August 16, 2021.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`SCHEDULING ORDER
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`5
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