Case 6:21-cv-00532-ADA Document 47 Filed 11/08/21 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`MEDALLIA INC.,
`
`Plaintiff,
`
`Case No. 6:21-cv-00532-ADA
`
`v.
`
`CONTENT SQUARE SAS,
`
`Defendant.
`
`Jury Trial Demanded
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`AGREED SCHEDULING ORDER
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`Pursuant to Rule 16 of Federal Rules of Civil Procedure, the Court ORDERS that the
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`following schedule will govern deadlines up to and including the trial of this matter:
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`Deadline
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`October 19, 2021
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`October 26, 2021
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`Item
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`Case Management Conference
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`Defendant Answer, Move or Otherwise Respond to Amended
`Complaint
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`1
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`Content Square 1013 Content Square v Medallia Inc. IPR2022-00316
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`

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`Case 6:21-cv-00532-ADA Document 47 Filed 11/08/21 Page 2 of 6
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`Deadline
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`Item
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`October 26, 20211
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`November 2, 2021
`(2 weeks after CMC)
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`December 21, 2021
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`Plaintiff serves preliminary2 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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`The Parties shall submit an agreed Scheduling Order. If the
`parties cannot agree, the parties shall submit a separate Joint
`Motion for entry of Scheduling 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.
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`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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`January 10, 2022
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`Parties exchange claim terms for construction.
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`1 Extend by 14 days per agreement between the parties. D.I. 35. As a result, dates leading up to,
`and including, the Markman hearing have been adjusted by 14 days compared to the Court’s
`exemplary schedule.
`2 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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`2
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`Content Square 1013 Content Square v Medallia Inc. IPR2022-00316
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`Case 6:21-cv-00532-ADA Document 47 Filed 11/08/21 Page 3 of 6
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`Deadline
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`Item
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`January 18, 2022
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`Parties exchange proposed claim constructions.
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`January 25, 2022
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`February 1, 2022
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`February 8, 2022
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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.3 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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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
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`Defendant files Opening claim construction brief, including
`any arguments that any claim terms are indefinite.
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`March 1, 2022
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`Plaintiff files Responsive claim construction brief.
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`March 15, 2022
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`Defendant files Reply claim construction brief.
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`March 29, 2022
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`Plaintiff files a Sur-Reply claim construction brief.
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`April 1, 2022
`(3 business days after
`submission of sur-reply)
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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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`April 5, 2022
`(at least 10 days before
`Markman hearing)
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`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).4
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`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`4 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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`3
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`Content Square 1013 Content Square v Medallia Inc. IPR2022-00316
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`Case 6:21-cv-00532-ADA Document 47 Filed 11/08/21 Page 4 of 6
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`Deadline
`
`Item
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`April 12, 2022
`(or as soon as practicable)
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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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`April 13, 2022
`(1 business day after
`Markman hearing)
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`Fact Discovery opens; deadline to serve Initial Disclosures
`per Rule 26(a).
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`May 24, 2022
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`Deadline to add parties.
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`June 7, 2022
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`August 2, 2022
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`October 11, 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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`November 8, 2022
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`Close of Fact Discovery.
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`November 15, 2022
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`Opening Expert Reports.
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`December 13, 2022
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`Rebuttal Expert Reports.
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`4
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`Content Square 1013 Content Square v Medallia Inc. IPR2022-00316
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`Case 6:21-cv-00532-ADA Document 47 Filed 11/08/21 Page 5 of 6
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`Deadline
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`Item
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`January 10, 20235
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`Close of Expert Discovery.
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`January 17, 2023
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`January 24, 2023
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`Deadline for the second of two meet and confers 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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`Dispositive motion deadline and Daubert motion deadline.
`See General Issues Note #9 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
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`February 7, 2023
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`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
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`February 21, 2023
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`February 28, 2023
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`Serve objections to rebuttal disclosures; file Motions in
`limine.
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`March 7, 2023
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`March 14, 2023
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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
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`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.
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`5 This date and the dates that follow have been extended by 1 week compared to the Court’s
`exemplary schedule given the expected difficulty of scheduling expert depositions over the
`holidays.
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`5
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`Content Square 1013 Content Square v Medallia Inc. IPR2022-00316
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`

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`Case 6:21-cv-00532-ADA Document 47 Filed 11/08/21 Page 6 of 6
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`Deadline
`
`Item
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`February 21, 2023
`(8 weeks before trial)
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`March 23, 2023
`(3 business days before
`Final Pretrial Conference)
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`March 28, 2023
`(or as soon as practicable)
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`April 18, 2023
`(or as soon as
`practicable)6
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`Parties email the Court’s law clerk to confirm pretrial and
`trial dates
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`Final Pretrial Conference.
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`Jury Selection/Trial.
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`SIGNED this 8th day of November, 2021.
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`6 If the actual trial date materially differs from the Court’s default schedule, the Court will
`consider reasonable amendments to the case schedule post-Markman that are consistent with the
`Court’s default deadlines in light of the actual trial date.
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`6
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`Content Square 1013 Content Square v Medallia Inc. IPR2022-00316
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