Case 6:24-cv-00143-ADA Document 38 Filed 09/26/24 Page 1 of 4
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PROXENSE, LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`Civil Action No. 6:24-cv-00143
`
`JURY TRIAL REQUESTED
`
`AGREED JOINT MOTION TO AMEND SCHEDULING ORDER
`
`Plaintiff Proxense, LLC (“Proxense”) and Defendant Apple Inc. (“Apple”) hereby move
`
`this Court to amend the Scheduling Order to extend the deadline for Apple to file its opening
`
`claim construction brief by six weeks from September 24, 2024 to November 5, 2024 and extend
`
`all future case deadlines consistent with the six-week extension, including the Markman hearing,
`
`pretrial conference, and trial dates as set forth in the proposed amended scheduling order
`
`attached to this motion.
`
`Good cause exists for the proposed extension because Proxense intends to move to
`
`amend its complaint to assert a new patent1 and Apple has agreed to not oppose that motion to
`
`amend contingent on the Court extending the current scheduling deadlines. The extension will
`
`minimize the prejudice of asserting a new patent against Apple at this stage in the proceedings by
`
`allowing for additional time to evaluate claim construction, noninfringement, and invalidity
`
`issues for the newly asserted patent. Given the impending claim constructing briefing deadlines,
`
`1 Specifically, Proxense intends to dismiss, with prejudice, all allegations that Apple infringes U.S.
`Patent No. 9,049,188 and substitute in allegations that Apple infringes U.S. Patent No. 9,679,289,
`from the same family of patents.
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PROXENSE, LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`Civil Action No. 6:24-cv-00143
`
`JURY TRIAL REQUESTED
`
`AGREED JOINT MOTION TO AMEND SCHEDULING ORDER
`
`Plaintiff Proxense, LLC (“Proxense”) and Defendant Apple Inc. (“Apple”) hereby move
`
`this Court to amend the Scheduling Order to extend the deadline for Apple to file its opening
`
`claim construction brief by six weeks from September 24, 2024 to November 5, 2024 and extend
`
`all future case deadlines consistent with the six-week extension, including the Markman hearing,
`
`pretrial conference, and trial dates as set forth in the proposed amended scheduling order
`
`attached to this motion.
`
`Good cause exists for the proposed extension because Proxense intends to move to
`
`amend its complaint to assert a new patent1 and Apple has agreed to not oppose that motion to
`
`amend contingent on the Court extending the current scheduling deadlines. The extension will
`
`minimize the prejudice of asserting a new patent against Apple at this stage in the proceedings by
`
`allowing for additional time to evaluate claim construction, noninfringement, and invalidity
`
`issues for the newly asserted patent. Given the impending claim constructing briefing deadlines,
`
`1 Specifically, Proxense intends to dismiss, with prejudice, all allegations that Apple infringes U.S.
`Patent No. 9,049,188 and substitute in allegations that Apple infringes U.S. Patent No. 9,679,289,
`from the same family of patents.
`
`
`
`Case 6:24-cv-00143-ADA Document 38 Filed 09/26/24 Page 2 of 4
`
`this joint request will promote judicial efficiency by requiring only one Markman hearing, rather
`
`than multiple rounds of claim construction briefing and a second Markman hearing. This
`
`extension request is not being made to unduly delay the proceedings and reflects a compressed
`
`schedule for Apple to investigate and conduct pre-Markman activities for the newly asserted
`
`patent. Accordingly, the parties respectfully request that the Court enter the proposed First
`
`Amended Scheduling Order attached to this motion.
`
`Dated: September 26, 2024
`
`Respectfully submitted,
`
`/s/ Michael Saulnier
`John M. Guaragna
`Texas Bar No 24043308
`Michael Saulnier
`DLA PIPER LLP (US)
`303 Colorado, Suite 3000
`Austin, TX 78701
`Tel: (512) 457-7125
`Fax: (512) 457-7001
`john.guaragna@us.dlapiper.com
`michael.saulnier@us.dlapiper.com
`
`Sean Cunningham (pro hac vice)
`Erin Gibson (pro hac vice)
`Robert Williams (pro hac vice)
`Peter Maggiore (pro hac vice)
`DLA PIPER LLP (US)
`4365 Executive Drive, Suite 1100
`San Diego, CA 92121
`Tel: (858) 677-1400
`Fax: (858) 677-1401
`sean.cunningham@us.dlapiper.com
`erin.gibson@us.dlapiper.com
`robert.williams@us.dlapiper.com
`peter.maggiore@us.dlapiper.com
`
`Nandan R. Padmanabhan (pro hac vice)
`Benjamin Yaghoubian (pro hac vice)
`
`2
`
`
`
`Case 6:24-cv-00143-ADA Document 38 Filed 09/26/24 Page 3 of 4
`
`Martin M. Ellison (pro hac vice)
`DLA PIPER LLP (US)
`2000 Avenue of the Stars
`Suite 400, North Tower
`Los Angeles, CA 90067
`Tel: (310) 595-3000
`Fax: (310) 595-3300
`nandan.padmanabhan@us.dlapiper.com
`benjamin.yaghoubian@us.dlapiper.com
`martin.ellison@us.dlapiper.com
`
`Jessica Hannah (pro hac vice)
`DLA PIPER LLP (US)
`555 Mission Street, Suite 2400
`San Francisco, CA 94105
`Tel: (415) 836-2500
`Fax: (415) 659-7370
`jessica.hannah@us.dlapiper.com
`
`ATTORNEYS FOR DEFENDANT
`APPLE INC.
`
`By: /s/ David L. Hecht
`David L. Hecht (Co-Lead Counsel)
`dhecht@hechtpartners.com
`HECHT PARTNERS LLP
`125 Park Avenue, 25th Floor
`New York, New York 10017
`Telephone: (212) 851-6821
`
`Brian D. Melton (Co-Lead Counsel)
`bmelton@susmangodfrey.com
`1000 Louisiana Street, Suite
`5100 Houston, Texas 77002-5096
`Telephone: (713) 653-7807
`Facsimile: (713) 654-6666
`
`Lear Jiang
`ljiang@susmangodfrey.com
`SUSMAN GODFREY L.L.P.
`
`3
`
`
`
`Case 6:24-cv-00143-ADA Document 38 Filed 09/26/24 Page 4 of 4
`
`1900 Avenue of the Stars, Suite 1400
`Los Angeles, California 90067-6029
`Telephone: (310) 789-3100
`Facsimile: (310) 789-3150
`
`COUNSEL FOR PLAINTIFF PROXENSE, LLC
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`
`document has been served on September 26, 2024, to all counsel of record who are deemed to have
`
`consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(b)(1). Any
`
`other counsel of record will be served by a facsimile and/or first-class mail.
`
`/s/Michael Saulnier
`Michael Saulnier
`
`4
`
`
`
`Case 6:24-cv-00143-ADA Document 38-1 Filed 09/26/24 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`PROXENSE, LLC,
`
`Plaintiff,
`
`v.
`
`APPLE INC.
`
`Defendant.
`
`Civil Action No. 6:24-cv-00143-ADA
`
`JURY TRIAL REQUESTED
`
`AMENDED SCHEDULING ORDER
`
`Pursuant to Federal Rule of Civil Procedure 16, the Court hereby ORDERS that
`
`the following schedule will govern deadlines up to and including the trial of this matter.
`
`Current
`Deadline
`
`New Deadline
`
`10/15/24
`
`10/18/24
`
`Item
`
`Parties exchange claim terms and proposed claim constructions
`as to U.S. Patent No. 9,697,289 (“the ’289 Patent”).
`
`Parties disclose extrinsic evidence as to the ’289 Patent. 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.1 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.
`
`9/17/24
`
`10/22/24
`
`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
`
`1 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by
`the other party.
`
`
`
`Case 6:24-cv-00143-ADA Document 38-1 Filed 09/26/24 Page 2 of 5
`
`Current
`Deadline
`9/24/24
`
`New Deadline
`
`11/5/24
`
`Item
`
`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
`
`10/15/24
`
`11/27/24
`
`Plaintiff files Responsive claim construction brief.
`
`10/29/24
`
`12/11/24
`
`Defendant files Reply claim construction brief.
`
`10/29/24
`
`12/10/24
`
`Parties to jointly email the law clerks (see OGP at 1) to confirm
`their Markman date and to notify if any venue or jurisdictional
`motions remain unripe for resolution.
`
`11/12/24
`
`12/24/24
`
`Plaintiff files a Sur-Reply claim construction brief.
`
`11/15/24
`
`12/30/24
`
`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 advisor (if appointed).
`
`11/15/24
`
`12/27/24
`
`Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).
`
`11/26/24
`
`1/7/25
`
`Markman Hearing at 9:00 a.m. This date is a placeholder and
`the Court may adjust this date as the Markman hearing
`approaches.
`
`11/27/24
`
`1/8/25
`
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`1/7/25
`
`2/18/25
`
`Deadline to add parties.
`
`1/21/25
`
`3/4/25
`
`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
`
`
`
`Case 6:24-cv-00143-ADA Document 38-1 Filed 09/26/24 Page 3 of 5
`
`Current
`Deadline
`
`New Deadline
`
`3/18/25
`
`4/29/25
`
`5/27/25
`
`7/8/25
`
`Item
`
`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.
`
`6/24/25
`
`8/5/25
`
`Close of Fact Discovery.
`
`7/1/25
`
`8/12/25
`
`Opening Expert Reports.
`
`7/29/25
`
`9/9/25
`
`Rebuttal Expert Reports.
`
`8/19/25
`
`9/30/25
`
`Close of Expert Discovery.
`
`8/26/25
`
`10/7/25
`
`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.
`
`9/2/25
`
`10/14/25
`
`Dispositive motion deadline and Daubert motion deadline.
`
`See General Issues Note #9 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
`
`Deadline for parties desiring to consent to trial before the
`magistrate judge to submit Form AO 85, “Notice, Consent, And
`Reference Of A Civil Action To A Magistrate Judge,” available
`at https://www.uscourts.gov/forms/civil-forms/notice-consent-
`and-reference-civil-action-magistrate- judge.
`
`
`
`Case 6:24-cv-00143-ADA Document 38-1 Filed 09/26/24 Page 4 of 5
`
`Current
`Deadline
`9/16/25
`
`New Deadline
`
`10/28/25
`
`Item
`
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, deposition designations).
`
`9/30/25
`
`11/10/25
`
`Serve objections to pretrial disclosures/rebuttal disclosures.
`
`10/7/25
`
`11/17/25
`
`Serve objections to rebuttal disclosures; file motions in limine.
`
`10/14/25
`
`11/24/25
`
`10/21/25
`
`12/1/25
`
`File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibits lists, witness lists, deposition designations);
`file oppositions to motions in limine
`
`From this date onwards, the parties are obligated to notify the
`Court of any changes to the asserted patents or claims. Such
`notification shall be filed on the docket within seven (7) days of
`the change and shall include a complete listing of all asserted
`patents and claims. If a change to the asserted patents or claims
`requires leave of court (for example, if a party is moving for leave
`to assert additional claims), notification shall not be required until
`the Court grants leave, at which point the notification must be
`filed within seven (7) days.
`
`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 file replies to motions in limine.
`
`10/28/25
`
`12/8/25
`
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`
`10/13/25
`
`11/24/25
`
`Parties to jointly email the Court’s law clerk (See OGP at 1) to
`confirm their pretrial conference and trial dates.
`
`10/30/25
`
`12/11/25
`
`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
`
`11/4/25
`
`12/15/25
`
`Final Pretrial Conference. Held in person unless otherwise
`requested.
`
`
`
`Case 6:24-cv-00143-ADA Document 38-1 Filed 09/26/24 Page 5 of 5
`
`Current
`Deadline
`12/8/25
`
`New Deadline
`
`Item
`
`1/19/26
`
`Jury Selection/Trial.
`
`SIGNED this _______ day of September, 2024.
`
`_____________________________________
`HONORABLE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
