`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
` FLYPSI, INC. (D/B/A FLYP),
`Plaintiff,
`
`vs.
`
`GOOGLE LLC,
`
`Defendant.
`
`Civil Action No. 6:22-cv-31-ADA
`
`JURY TRIAL DEMANDED
`
`AMENDED SCHEDULING ORDER
`
`On November 16, 2022, Plaintiff Flypsi, Inc. (“Flyp”) and Defendant Google
`
`LLC (“Google”), filed a Joint Motion for Entry of an Amended Scheduling Order. Noting that
`
`the motion is joint, the Court hereby GRANTS the Motion. The Court ORDERS that the
`
`Amended Schedule below shall govern the remaining deadlines in this matter.
`
`AMENDED SCHEDULE
`
`Deadline
`November 22, 20221
`
`Item
`Markman Hearing at 9:30 a.m. This date is a placeholder and
`the Court may adjust this date as the Markman hearing
`approaches.
`
`December 28, 2022
`
`Deadline to add parties.
`
`1 All deadlines hereafter follow the currently-set Markman hearing date and do not change if the
`Court delays the Markman hearing again.
`
`1
`
`Page 1 of 3
`
`GOOGLE EXHIBIT 1013
`
`
`
`Case 6:22-cv-00031-ADA Document 73 Filed 11/17/22 Page 2 of 3
`
`Deadline
`January 11, 2022
`
`
`
`March 8, 2023
`
`
`
`May 17, 2023
`
`
`
`June 14, 2023
`
`
`June 21, 2023
`
`
`July 19, 2023
`
`
`August 9, 2023
`
`
`August 16, 2023
`
`
`
`August 23, 2023
`
`
`
`September 6, 2023
`
`
`Item
`Invalidity
`to serve Final
`Infringement and
`Deadline
`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
`
`Close of Fact Discovery.
`
`Opening Expert Reports.
`
`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. If 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 #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`
`2
`
`Page 2 of 3
`
`
`
`Case 6:22-cv-00031-ADA Document 73 Filed 11/17/22 Page 3 of 3
`
`Deadline
`September 20, 2023
`
`Item
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`September 20, 2023
`
`Parties to jointly email the Court’s law clerk (See OGP at 1) to
`confirm their pretrial conference and trial dates.
`
`September 27, 2023
`
`Serve objections to rebuttal disclosures; file Motions in limine.
`
`October 4, 2023
`
`October 11, 2023
`
`October 20, 2023
`
`October 25, 2023
`
`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 email the
`Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com
`
`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. Held in person unless otherwise
`requested.
`
`November 15, 2023
`
`Jury Selection/Trial.
`
`SIGNED this 17th day of November, 2022.
`
`3
`
`Page 3 of 3
`
`
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