Case 7:24-cv-00030-ADA-DTG Document 69 Filed 10/10/24 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`MIDLAND-ODESSA DIVISION
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`VIRTAMOVE, CORP.,
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`Plaintiff,
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`Case No. 7:24-cv-00030-ADA-DTG
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`v.
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`AMAZON.COM, INC.; AMAZON.COM
`SERVICES LLC; AND AMAZON WEB
`SERVICES, INC.,
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`Defendants.
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`SECOND AMENDED SCHEDULING ORDER
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`Pursuant to Rule 16, 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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`Date
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`9/13/24
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`9/12/24
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`9/27/24
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`9/19/24
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`10/3/24
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`Deadline
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`Last day of venue discovery.
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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).
`VirtaMove’s opposition to Amazon’s Motion to Dismiss or
`Transfer
`Parties exchange claim terms for construction.
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`Parties exchange proposed claim constructions.
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`1
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`Amazon Ex. 1024
`IPR Petition - USP 7,519,814
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`

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`Case 7:24-cv-00030-ADA-DTG Document 69 Filed 10/10/24 Page 2 of 5
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`Date
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`10/10/24
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`10/25/24
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`10/15/24
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`10/22/24
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`11/12/24
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`11/26/24
`12/13/24
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`12/18/24
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`12/20/24
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`Deadline
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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. 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.
`Amazon’s Reply in support of its Motion to Dismiss or Transfer
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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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`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief.
`Plaintiff files Sur-Reply claim construction brief.
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`Parties submit Joint Claim Construction Statement.
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`See General Issues Note #9 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).
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`1/9/25
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`Markman Hearing
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`1/10/25
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`2/27/25
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`3/13/25
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`4/10/25
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`Discovery commences on all issues.
`Deadline to add parties.
`All motions to . . . add parties shall be filed on or before this
`date.
`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 amend if new information
`is identified after initial contentions.
`Deadline to amend pleadings with respect to indirect and willful
`infringement.
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`2
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`Case 7:24-cv-00030-ADA-DTG Document 69 Filed 10/10/24 Page 3 of 5
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`
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`Date
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`5/22/25
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`7/10/25
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`8/7/25
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`8/21/25
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`9/23/25
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`10/14/25
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`10/20/25
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`11/3/25
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`Deadline
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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.).
`All motions to amend pleadings . . . shall be filed on or before
`this date.
`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 to arrange a teleconference with
`the Court to resolve the disputed issues.
`Close of Fact Discovery
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`Opening Expert Reports.
`Parties with burden of proof to designate Expert Witnesses and
`provide their expert witness reports, to include all information
`required by Rule 26(a)(2)(B).
`Rebuttal Expert Reports.
`Parties shall designate Rebuttal Expert Witnesses on issues for
`which the parties do not bear the burden of proof, and provide
`their expert witness reports, to include all information required
`by Rule 26(a)(2)(B).
`Close of Expert Discovery.
`Expert Discovery Deadline. Expert discovery must be completed
`by this date.
`Deadline for the second of two meet and confer 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 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.
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`Deadline to file the joint report regarding results of meet and
`confer.
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`Any objection to the reliability of an expert’s proposed testimony
`under Federal Rule of Evidence 702 shall be made by motion,
`specifically stating the basis for the objection and identifying the
`objectionable testimony, not later than 14 days of receipt of the
`written report of the expert’s proposed testimony or not later
`than 14 days of the expert’s deposition, if a deposition is taken,
`whichever is later. The failure to strictly comply with this
`paragraph will be deemed a waiver of any objection that could
`have been made pursuant to Federal Rule of Evidence 702
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`3
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`Case 7:24-cv-00030-ADA-DTG Document 69 Filed 10/10/24 Page 4 of 5
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`Date
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`Deadline
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`All dispositive motions shall be filed and served on all other
`parties on or before this date and shall be limited to 25 pages.
`Responses shall be filed and served on all other parties not later
`than 14 days after the service of the motion and shall be limited
`to 20 pages. Any replies shall be filed and served on all other
`parties not later than 7 days after the service of the response
`and shall be limited to 10 pages, but the Court need not wait for
`the reply before ruling on the motion.
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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.
`By this date the parties shall meet and confer to determine pre-
`trial deadlines, including, inter alia, exchange of exhibit lists,
`designations of and objections to deposition testimony, and
`exchange of demonstratives.
`Parties to contact Court to confirm their pretrial conference and
`trial dates.
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`Serve Pretrial Disclosures (jury instructions, exhibits lists, witness
`lists, discovery and deposition designations).
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`By this date the parties shall exchange a proposed jury charge
`and questions for the jury. By this date the parties will also
`exchange draft Motions in Limine to determine which may be
`agreed.
`Serve objections to pretrial disclosures/rebuttal disclosures.
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`By this date the parties shall exchange any objections to the
`proposed jury charge, with supporting explanation and citation
`of controlling law.
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`Serve objections to rebuttal disclosures; file Motions in-limine.
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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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`By this date the parties will submit to the Court their Joint Pre-
`Trial Order, including the identification of issues to be tried,
`identification of witnesses, trial schedule provisions, and all
`other pertinent information. By this date the parties will also
`submit to the Court their 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
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`4
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`11/7/25
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`11/3/25
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`11/12/25
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`12/3/25
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`12/10/25
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`12/23/25
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`1/7/26
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`Case 7:24-cv-00030-ADA-DTG Document 69 Filed 10/10/24 Page 5 of 5
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`
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`Date
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`1/9/26
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`1/13/26
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`1/16/26
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`1/29/26
`2/2/26
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`Deadline
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`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.
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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. Held in person at 9:00 am.
`The parties shall provide to the Court an agreed jury charge
`with supported objections of each party, and proposed
`questions for the jury, at the final Pre-Trial Conference.
`Jury Selection at 9:00 am in Midland.
`Trial Begins at 9:00 am in Midland.
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`SIGNED this 10th day of October, 2024.
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`DEREK T. GILLILAND
`UNITED STATES MAGISTRATE JUDGE
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`5
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