Case 6:21-cv-00532-ADA Document 57 Filed 03/18/22 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`MEDALLIA INC.,
`
`
`Plaintiff,
`
`v.
`
`
`CONTENT SQUARE SAS,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`Case No. 6:21-cv-00532-ADA
`
`
`
`Jury Trial Demanded
`
`
`
`
`
`REVISED SCHEDULING ORDER
`
`Pursuant to Rule 16 of 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
`
`October 19, 2021
`
`October 26, 2021
`
`October 26, 20211
`
`
`Item
`
`Case Management Conference
`
`Defendant Answer, Move or Otherwise Respond to Amended
`Complaint
`
`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.
`
`
`1 Extend by 14 days per agreement between the parties. D.I. 35.
`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
`
`
`1
`
`Content Square v Medallia, IPR2002-00316
`Medallia Exhibit 2005, Page 1 of 6
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`MEDALLIA INC.,
`
`
`Plaintiff,
`
`v.
`
`
`CONTENT SQUARE SAS,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`Case No. 6:21-cv-00532-ADA
`
`
`
`Jury Trial Demanded
`
`
`
`
`
`REVISED SCHEDULING ORDER
`
`Pursuant to Rule 16 of 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
`
`October 19, 2021
`
`October 26, 2021
`
`October 26, 20211
`
`
`Item
`
`Case Management Conference
`
`Defendant Answer, Move or Otherwise Respond to Amended
`Complaint
`
`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.
`
`
`1 Extend by 14 days per agreement between the parties. D.I. 35.
`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
`
`
`1
`
`Content Square v Medallia, IPR2002-00316
`Medallia Exhibit 2005, Page 1 of 6
`
`
`
`Case 6:21-cv-00532-ADA Document 57 Filed 03/18/22 Page 2 of 6
`
`Deadline
`
`Item
`
`November 2, 2021
`(2 weeks after CMC)
`
`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.
`
`December 27, 2021
`
`Order Granting Motion to Stay
`
`March 7, 2022
`
`March 31, 2022
`
`Order Granting Motion to Lift Stay
`
`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).
`
`April 14, 2022
`
`Parties exchange claim terms for construction.
`
`April 28, 2022
`
`Parties exchange proposed claim constructions.
`
`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.
`
`2
`
`Content Square v Medallia, IPR2002-00316
`Medallia Exhibit 2005, Page 2 of 6
`
`
`
`Case 6:21-cv-00532-ADA Document 57 Filed 03/18/22 Page 3 of 6
`
`Deadline
`
`May 5, 2022
`
`May 12, 2022
`
`May 19, 2022
`
`Item
`
`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.
`
`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`
`Defendant files Opening claim construction brief, including
`any arguments that any claim terms are indefinite.
`
`June 9, 2022
`
`Plaintiff files Responsive claim construction brief.
`
`June 23, 2022
`
`Defendant files Reply claim construction brief.
`
`June 23, 2022
`
`Parties to jointly email the law clerks
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov)
`to confirm their Markman date.
`
`July 7, 2022
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`July 12, 2022
`(3 business days after
`submission of sur-reply)
`
`Parties submit Joint Claim Construction Statement and email
`the law clerks an editable copy.
`See General Issues Note #9 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`
`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`
`3
`
`Content Square v Medallia, IPR2002-00316
`Medallia Exhibit 2005, Page 3 of 6
`
`
`
`Case 6:21-cv-00532-ADA Document 57 Filed 03/18/22 Page 4 of 6
`
`Deadline
`
`Item
`
`July 14, 2022
`(at least 10 days before
`Markman hearing)
`
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).4
`
`July 21, 2022
`(or as soon as practicable)
`
`Markman Hearing at 9:00 a.m. This date is a placeholder and
`the Court may adjust this date as the Markman hearing
`approaches.
`
`July 22, 2022
`(1 business day after
`Markman hearing)
`
`September 1, 2022
`
`
`September 15, 2022
`
`
`November 10, 2022
`
`
`January 19, 2023
`
`
`Fact Discovery opens; deadline to serve Initial Disclosures
`per Rule 26(a).
`
`Deadline to add parties.
`
`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.
`
`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.)
`
`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.
`
`February 16, 2023
`
`
`February 23, 2023
`
`
`Close of Fact Discovery.
`
`Opening Expert Reports.
`
`
`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.
`
`4
`
`Content Square v Medallia, IPR2002-00316
`Medallia Exhibit 2005, Page 4 of 6
`
`
`
`Case 6:21-cv-00532-ADA Document 57 Filed 03/18/22 Page 5 of 6
`
`Deadline
`
`March 23, 2023
`
`
`April 13, 2023
`
`
`April 20, 2023
`
`
`April 27, 2023
`
`
`May 11, 2023
`
`
`May 25, 2023
`
`
`June 1, 2023
`
`
`June 8, 2023
`
`
`June 15, 2023
`
`
`Item
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`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.
`
`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).
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`Serve objections to rebuttal disclosures; file Motions in
`limine.
`
`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.
`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
`
`5
`
`Content Square v Medallia, IPR2002-00316
`Medallia Exhibit 2005, Page 5 of 6
`
`
`
`Case 6:21-cv-00532-ADA Document 57 Filed 03/18/22 Page 6 of 6
`
`Deadline
`
`Item
`
`May 25, 2023
`(8 weeks before trial)
`
`Parties to jointly email the Court’s law clerk
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov)
`to confirm their pretrial conference and trial dates.
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`Final Pretrial Conference. Held in person unless otherwise
`requested.
`
`Jury Selection/Trial.
`
`June 26, 2023
`(3 business days before
`Final Pretrial Conference)
`
`June 29, 2023
`(or as soon as practicable)
`
`July 20, 2023
`(or as soon as
`practicable)5
`
`Dated: March 18, 2022
`
`5 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.
`
`6
`
`Content Square v Medallia, IPR2002-00316
`Medallia Exhibit 2005, Page 6 of 6
`
`
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