1
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`CardWare Inc.,
`Plaintiff,
`§
`§
`§
`§
`§
`§
`§
`v.
`Apple Inc.,
`Defendant.
` CIVIL ACTION NO. 1:25-cv-00446-ADA
` JURY TRIAL DEMANDED
`AGREED SCHEDULING ORDER
`Deadline Guideline Item
`Feb. 10, 2025 7 days before CMC Plaintiff serves preliminary 2 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.
`Feb. 17, 2025 Case Management Conference (“CMC”) deemed
`to occur per the parties’ agreement. See Dkt. No.
`28.
`Mar. 3, 2025 2 weeks after CMC The Parties shall file a motion to enter an agreed
`Scheduling Order. If the pa rties cannot agree, the
`parties shall submit a se parate 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
`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
`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 issue.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 1 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 1 of 6
`
`
`
`
`
`
`
`2
`Deadline Guideline Item
`Apr.7, 2025 7 weeks after CMC 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 l imitations the Defendant
`contends are indefinite or lack written description
`under section 112, and (3) an identification of any
`claims the Defendant cont ends are directed to
`ineligible subject ma tter under section 101.
`Defendant shall also pr oduce (1) all prior art
`referenced in the invali dity contentions, and (2)
`technical documents, including software where
`applicable, sufficient to show the operation of the
`accused product(s).
`Apr. 21, 2025 9 weeks after CMC Parties ex change claim terms for construction.
`May 5, 2025 11 weeks after CMC Parties ex change proposed claim constructions.
`May 12, 2025 12 weeks after CMC Parties disc lose extrinsic evidence. The parties
`shall disclose any extrinsic evidence, including the
`identity of any expert wi tness they may rely upon
`with respect to claim construction or
`indefiniteness. With re spect to any expert
`identified, the parties shall identify the scope of the
`topics for the witness’s expected testimony.[2]
`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.
`May 19, 2025 13 weeks after CMC Deadline to meet and confer to narrow terms in
`dispute and exchange revised list of
`terms/constructions.
`May 27, 2025 14 weeks after CMC Defendant fi les Opening claim construction brief,
`including any arguments that any claim terms are
`indefinite.
`June 17, 2025 17 weeks after CMC Plaintiff file s Responsive claim construction brief.
`July 1, 2025 19 weeks after CMC Defendant files Reply claim construction brief.
`July 1, 2025 19 weeks after CMC Parties to jo intly email the law clerks (see OGP at
`1) to confirm their Markman date and to notif y if
`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 2 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 2 of 6
`
`
`
`
`
`
`
`3
`Deadline Guideline Item
`any venue or jurisdictional motions remain unripe
`for resolution
`July 15, 2025 21 weeks after CMC Plaintiff f iles a Sur-Reply claim construction brief.
`July 18, 2025 3 business days after
`submission of a sur-
`reply per OGP
`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).
`July 18, 2025 22 weeks after CMC Parties sub mit optional technical tutorials to the
`Court and technical advisor (if appointed).
`July 29, 2025 or
`at the Court’s
`convenience
`23 weeks after CMC 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 30, 2025 1 business day after
`Markman hearing
`Fact Discovery opens; deadline to serve Initial
`Disclosures per Rule 26(a).
`Sept. 9, 2025 6 weeks after Markman
`hearing
`Deadline to add parties.
`Sept. 23, 2025 8 weeks after Markman
`hearing
`Deadline to serve Final Infringement and Invalidity
`Contentions. After this da te, leave of Court is
`required for any amendmen t 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.
`Nov. 18, 2025 16 weeks after
`Markman hearing
`Deadline to amend pleadings. A motion is not
`required unless the amendm ent adds patents or
`patent claims. (Note: This includes amendments in
`response to a 12(c) motion.)
`Jan. 27, 2026 26 weeks after
`Markman hearing
`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.
`Feb. 24, 2026 30 weeks after
`Markman hearing
`Close of Fact Discovery
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 3 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 3 of 6
`
`
`
`
`
`
`
`4
`Deadline Guideline Item
`Mar. 3, 2026 31 weeks after
`Markman hearing
`Opening Expert Reports.
`Mar. 31, 2026 35 weeks after
`Markman hearing
`Rebuttal Expert Reports.
`Apr. 21, 2026 38 weeks after
`Markman hearing
`Close of Expert Discovery.
`Apr. 28, 2026 39 weeks after
`Markman hearing
`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.
`May 5, 2026 40 weeks after
`Markman hearing
`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/civilforms/notice-
`consent-and-reference-civil-action-
`magistratejudge.
`May 19, 2026 42 weeks after
`Markman hearing
`Serve Pretrial Disclosures (jury instructions,
`exhibits lists, witness lists, deposition
`designations).
`June 2, 2026 44 weeks after
`Markman hearing
`Serve objections to pretri al disclosures/rebuttal
`disclosures.
`June 2, 2026 8 weeks before trial Parties to jointly email the Court’s law clerk (See
`OGP at 1) to confirm their pretrial conference and
`trial dates.
`June 9, 2026 45 weeks after
`Markman hearing
`Serve objections to rebu ttal disclosures; file
`motions in limine.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 4 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 4 of 6
`
`
`
`
`
`
`
`5
`Deadline Guideline Item
`June 16, 2026 46 weeks after
`Markman hearing
`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 ch anges 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 requir es leave of court (for
`example, if a party is m oving for leave to assert
`additional claims), notif ication shall not be
`required until the Court grants leave, at which point
`the notification must be filed within seven (7) days.
`June 23, 2026 47 weeks after
`Markman hearing
`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.
`June 30, 2026 48 weeks after
`Markman hearing
`Deadline to meet and confer regarding remaining
`objections and disputes on motions in limine.
`July 2, 2026 3 business days before
`Final Pretrial
`Conference
`File joint notice identifying remaining objections
`to pretrial disclosures a nd disputes on motions in
`limine.
`July 7, 2026 49 weeks after
`Markman hearing (or as
`soon as practicable)
`Final Pretrial Conference. Held in person unless
`otherwise requested.
`July 28, 2026 or
`at the Court’s
`convenience
`52 weeks after
`Markman hearing (or as
`soon as practicable)
`4
`Jury Selection/Trial
`4 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.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 5 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 5 of 6
`
`
`
`
`
`
`
`6
`SIGNED on this 20th day of May, 2025.
`______________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 6 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 6 of 6
`
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`CardWare Inc.,
`Plaintiff,
`§
`§
`§
`§
`§
`§
`§
`v.
`Apple Inc.,
`Defendant.
` CIVIL ACTION NO. 1:25-cv-00446-ADA
` JURY TRIAL DEMANDED
`AGREED SCHEDULING ORDER
`Deadline Guideline Item
`Feb. 10, 2025 7 days before CMC Plaintiff serves preliminary 2 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.
`Feb. 17, 2025 Case Management Conference (“CMC”) deemed
`to occur per the parties’ agreement. See Dkt. No.
`28.
`Mar. 3, 2025 2 weeks after CMC The Parties shall file a motion to enter an agreed
`Scheduling Order. If the pa rties cannot agree, the
`parties shall submit a se parate 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
`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
`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 issue.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 1 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 1 of 6
`
`
`
`
`
`
`
`2
`Deadline Guideline Item
`Apr.7, 2025 7 weeks after CMC 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 l imitations the Defendant
`contends are indefinite or lack written description
`under section 112, and (3) an identification of any
`claims the Defendant cont ends are directed to
`ineligible subject ma tter under section 101.
`Defendant shall also pr oduce (1) all prior art
`referenced in the invali dity contentions, and (2)
`technical documents, including software where
`applicable, sufficient to show the operation of the
`accused product(s).
`Apr. 21, 2025 9 weeks after CMC Parties ex change claim terms for construction.
`May 5, 2025 11 weeks after CMC Parties ex change proposed claim constructions.
`May 12, 2025 12 weeks after CMC Parties disc lose extrinsic evidence. The parties
`shall disclose any extrinsic evidence, including the
`identity of any expert wi tness they may rely upon
`with respect to claim construction or
`indefiniteness. With re spect to any expert
`identified, the parties shall identify the scope of the
`topics for the witness’s expected testimony.[2]
`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.
`May 19, 2025 13 weeks after CMC Deadline to meet and confer to narrow terms in
`dispute and exchange revised list of
`terms/constructions.
`May 27, 2025 14 weeks after CMC Defendant fi les Opening claim construction brief,
`including any arguments that any claim terms are
`indefinite.
`June 17, 2025 17 weeks after CMC Plaintiff file s Responsive claim construction brief.
`July 1, 2025 19 weeks after CMC Defendant files Reply claim construction brief.
`July 1, 2025 19 weeks after CMC Parties to jo intly email the law clerks (see OGP at
`1) to confirm their Markman date and to notif y if
`3 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 2 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 2 of 6
`
`
`
`
`
`
`
`3
`Deadline Guideline Item
`any venue or jurisdictional motions remain unripe
`for resolution
`July 15, 2025 21 weeks after CMC Plaintiff f iles a Sur-Reply claim construction brief.
`July 18, 2025 3 business days after
`submission of a sur-
`reply per OGP
`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).
`July 18, 2025 22 weeks after CMC Parties sub mit optional technical tutorials to the
`Court and technical advisor (if appointed).
`July 29, 2025 or
`at the Court’s
`convenience
`23 weeks after CMC 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 30, 2025 1 business day after
`Markman hearing
`Fact Discovery opens; deadline to serve Initial
`Disclosures per Rule 26(a).
`Sept. 9, 2025 6 weeks after Markman
`hearing
`Deadline to add parties.
`Sept. 23, 2025 8 weeks after Markman
`hearing
`Deadline to serve Final Infringement and Invalidity
`Contentions. After this da te, leave of Court is
`required for any amendmen t 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.
`Nov. 18, 2025 16 weeks after
`Markman hearing
`Deadline to amend pleadings. A motion is not
`required unless the amendm ent adds patents or
`patent claims. (Note: This includes amendments in
`response to a 12(c) motion.)
`Jan. 27, 2026 26 weeks after
`Markman hearing
`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.
`Feb. 24, 2026 30 weeks after
`Markman hearing
`Close of Fact Discovery
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 3 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 3 of 6
`
`
`
`
`
`
`
`4
`Deadline Guideline Item
`Mar. 3, 2026 31 weeks after
`Markman hearing
`Opening Expert Reports.
`Mar. 31, 2026 35 weeks after
`Markman hearing
`Rebuttal Expert Reports.
`Apr. 21, 2026 38 weeks after
`Markman hearing
`Close of Expert Discovery.
`Apr. 28, 2026 39 weeks after
`Markman hearing
`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.
`May 5, 2026 40 weeks after
`Markman hearing
`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/civilforms/notice-
`consent-and-reference-civil-action-
`magistratejudge.
`May 19, 2026 42 weeks after
`Markman hearing
`Serve Pretrial Disclosures (jury instructions,
`exhibits lists, witness lists, deposition
`designations).
`June 2, 2026 44 weeks after
`Markman hearing
`Serve objections to pretri al disclosures/rebuttal
`disclosures.
`June 2, 2026 8 weeks before trial Parties to jointly email the Court’s law clerk (See
`OGP at 1) to confirm their pretrial conference and
`trial dates.
`June 9, 2026 45 weeks after
`Markman hearing
`Serve objections to rebu ttal disclosures; file
`motions in limine.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 4 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 4 of 6
`
`
`
`
`
`
`
`5
`Deadline Guideline Item
`June 16, 2026 46 weeks after
`Markman hearing
`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 ch anges 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 requir es leave of court (for
`example, if a party is m oving for leave to assert
`additional claims), notif ication shall not be
`required until the Court grants leave, at which point
`the notification must be filed within seven (7) days.
`June 23, 2026 47 weeks after
`Markman hearing
`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.
`June 30, 2026 48 weeks after
`Markman hearing
`Deadline to meet and confer regarding remaining
`objections and disputes on motions in limine.
`July 2, 2026 3 business days before
`Final Pretrial
`Conference
`File joint notice identifying remaining objections
`to pretrial disclosures a nd disputes on motions in
`limine.
`July 7, 2026 49 weeks after
`Markman hearing (or as
`soon as practicable)
`Final Pretrial Conference. Held in person unless
`otherwise requested.
`July 28, 2026 or
`at the Court’s
`convenience
`52 weeks after
`Markman hearing (or as
`soon as practicable)
`4
`Jury Selection/Trial
`4 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.
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 5 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 5 of 6
`
`
`
`
`
`
`
`6
`SIGNED on this 20th day of May, 2025.
`______________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`Case 1:25-cv-00446-ADA Document 42 Filed 05/20/25 Page 6 of 6
`CARDWARE EXHIBIT 2007
`GOOGLE v. CARDWARE IPR2025-01513
`Page 6 of 6
`
`
`
`
`
`
`
`
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