Case 1:24-cv-00884-ADA Document 25 Filed 09/17/24 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`INTELLECTUAL VENTURES II LLC,
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`Plaintiff,
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`v.
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`TESLA, INC.,
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`Defendant.
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`C.A. No. 1:24-cv-884-ADA
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`JURY TRIAL DEMANDED
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`SCHEDULING ORDER
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`Date
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`Item
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`August 1, 2024
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`August 1, 2024
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`September 5, 2024
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`Deadline to file a motion to transfer. After this deadline, movants must
`seek leave of Court and show good cause for the delay.
`Plaintiff serves preliminary 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.
`Case Management Conference
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`October 24, 2024
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`September 19, 2024 The Parties shall file a motion to enter 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.
`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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`1
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`Case 1:24-cv-00884-ADA Document 25 Filed 09/17/24 Page 2 of 4
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`Date
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`Item
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`November 14, 2024
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`Parties exchange claim terms for construction.
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`December 5, 2024
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`Parties exchange proposed claim constructions.
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`December 12, 2024
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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.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.
`December 19, 2024 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.
`Plaintiff files Responsive claim construction brief.
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`January 9, 2025
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`January 30, 2025
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`February 20, 2025
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`Defendant files Reply claim construction brief.
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`February 20, 2025
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`March 13, 2025
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`March 20, 2025
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`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.
`Plaintiff files a Sur-Reply claim construction brief.
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`Parties submit Joint Claim Construction Statement and email the law
`clerks an editable copy.
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`March 24, 2025
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`April 10, 2025
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`April 11, 2025
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`May 22, 2025
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`See General Issues Note #9 regarding providing copies of the briefing
`to the Court and the technical advisor (if appointed).
`Parties submit optional technical tutorials to the Court and technical
`advisor (if appointed).
`Markman Hearing at 9:00 a.m. This date is a placeholder and the Court
`may adjust this date as the Markman hearing approaches.
`Fact Discovery opens; deadline to serve Initial Disclosures per Rule
`26(a).
`Deadline to add parties.
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`1 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
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`2
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`Case 1:24-cv-00884-ADA Document 25 Filed 09/17/24 Page 3 of 4
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`May 22, 2025
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`July 31, 2025
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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.
`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.)
`September 25, 2025 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.
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`November 6, 2025
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`November 20, 2025 Opening Expert Reports.
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`December 18, 2025 Rebuttal Expert Reports.
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`January 15, 2026
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`Close of Expert Discovery.
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`January 22, 2026
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`February 5, 2026
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`February 19, 2026
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`March 5, 2026
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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. 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 result of the meet and
`confer.
`Dispositive motion deadline and Daubert motion deadline.
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`See General Issues Note #9 regarding providing copies of the briefing
`to the Court and the technical advisor (if appointed).
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`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.
`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists,
`deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
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`March 19, 2026
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`Serve objections to rebuttal disclosures; file motions in limine.
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`3
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`Case 1:24-cv-00884-ADA Document 25 Filed 09/17/24 Page 4 of 4
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`March 26, 2026
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`April 2, 2026
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`April 9, 2026
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`April 10, 2026
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`April 16, 2026
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`April 23, 2026
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`File Joint Pretrial Order and Pretrial Submissions (jury instructions,
`exhibits lists, witness lists, deposition designations); file oppositions to
`motions in limine
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`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
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`Deadline to file replies to motions in limine.
`Deadline to meet and confer regarding remaining objections and
`disputes on motions in limine.
`Parties to jointly email the Court’s law clerk (See OGP at 1) 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.
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`May 14, 2026
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`Jury Selection/Trial.
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`SIGNED this _____ day of __________, 2024
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`4
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`____________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
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