Case 1:20-cv-00765-DAE Document 77 Filed 12/11/23 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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`BANDSPEED, LLC,
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`Plaintiff,
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`v.
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`CASE NO. 1:20-cv-00765-DAE
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`Defendant.
` AMENDED SCHEDULING ORDER
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`REALTEK SEMICONDUCTOR
`CORPORATION,
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`The scheduling recommendations provided by the parties on October 20, 2023 (Dkt no. 72)
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`have been reviewed by the Court. The following dates are entered to control the course of this
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`case:
`1.
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`The parties must mediate this case by November 15, 2023, and file a report in accordance
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`with Rule 88 after the mediation is completed.
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`2.
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`The parties asserting non-declaratory claims for relief shall submit a written offer of
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`settlement to opposing parties by October 6, 2023, and each opposing party shall respond, in
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`3.
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`4.
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`5.
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`writing, by October 27, 2023. All offers of settlement are to be private, not filed.
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`The parties shall file all motions to join additional parties by March 28, 2024.
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`By September 5, 2024, Plaintiff will identify a narrowed set of asserted claims (no more than
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`a total of 28 claims) from the claims asserted in Plaintiff’s Infringement Contentions.
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`By September 26, 2024, Defendant will identify a narrowed set of prior art grounds including
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`no more than five (5) prior art grounds per asserted claim (from the prior art grounds asserted
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`in Defendant’s Invalidity Contentions).1
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`1 Each allegedly anticipatory reference or obviousness combination of references shall count as a
`1
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`Case 1:20-cv-00765-DAE Document 77 Filed 12/11/23 Page 2 of 4
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`6.
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`7.
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`With service of Pretrial Disclosures, Plaintiff will identify a final set of asserted claims (no
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`more than twelve (12) asserted claims from the previously narrowed set of asserted claims).
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`Fourteen (14) days after the service of Pretrial Disclosures, Defendant will identify a final
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`set of prior art grounds including no more than four (4) prior art grounds per asserted claim
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`from the previously narrowed prior art grounds for the respective claim, each prior art ground
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`asserted per claim counts toward the total asserted prior art grounds which shall not exceed
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`30.
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`8.
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`In the contentions of the Parties included in the Joint Pretrial Order, the Plaintiff shall specify
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`all allegedly infringed claims that will be asserted at trial. The Plaintiff shall also specify the
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`nature of each theory of infringement, including under which subsections of 35 U.S.C. § 271
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`it alleges infringement, and whether the Plaintiff alleges divided infringement or
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`infringement under the doctrine of equivalents. Each Defendant shall indicate the nature of
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`each theory of invalidity applicable to each claim, including invalidity for anticipation,
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`obviousness, subject-matter eligibility, written description, enablement, or any other basis
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`for invalidity. The Defendant shall also specify each prior art ground(s) for each asserted
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`claim upon which the Defendant shall rely at trial, with respect to each theory of invalidity.
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`Other than as set forth in the above deadlines, the contentions of the Parties may not be
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`amended, supplemented, or dropped without leave of the Court based upon a showing of
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`good cause.
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`separate prior art “ground” for the purposes of this Order. For example, if Defendant selects
`reference A as an anticipating reference, references A+ B as an obviousness combination, and
`references A + B + D as an obviousness combination, this selection would constitute three (3) prior
`art “grounds” for the purposes of this Order. For the purposes of this Order, a single prior art
`system shall count as a “reference.” For the purpose of clarity, a single anticipatory reference and
`an assertion of obviousness based on the same single reference (both directed to the same claim)
`will be considered a single ground.
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`Case 1:20-cv-00765-DAE Document 77 Filed 12/11/23 Page 3 of 4
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`9.
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`The parties shall complete all discovery on or before August 26, 2024. Counsel may by
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`agreement continue discovery beyond the deadline, but there will be no intervention by the Court except
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`in extraordinary circumstances, and no trial setting will be vacated because of information obtained in
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`post-deadline discovery.
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`10.
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`All parties with the initial burden of proof shall exchange opening expert reports (all
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`materials required by Fed. R. Civ. P. 26(a)(2)(B)) by September 26, 2024. Parties will
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`exchange rebuttal expert reports (all materials required by Fed. R. Civ. P. 26(a)(2)(B)) by
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`November 7, 2024. All designations of rebuttal experts shall be designated within 28 days of
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`receipt of the report of the opposing expert.
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`11.
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`An objection to the reliability of an expert’s proposed testimony under Federal Rule of
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`Evidence 702 shall be made by motion, specifically stating the basis for the objection and
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`identifying the objectionable testimony, within 30 days of receipt of the written report of the
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`expert’s proposed testimony, or within 30 days of the expert’s deposition, if a deposition in
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`taken, whichever is later.
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`12.
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`13.
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`The parties shall complete all expert discovery on or before December 13, 2024.
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`All dispositive motions shall be filed no later than January 31, 2025. Dispositive motions as
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`defined in Local Rule CV-7(c) and responses to dispositive motions as defined in Local Rule
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`CV-7(d) shall be limited to twenty (20) pages in length. Replies, if any, shall be limited to
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`ten (10) pages in length in accordance with Local Rule CV-7(e). If the parties elect not to
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`file dispositive motions, they must contact the courtroom deputy on or before this
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`deadline in order to set a trial date.
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`14.
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`If required, a hearing on dispositive motions will be set by the Court after all responses and
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`replies have been filed.
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`15.
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`The Court will set this case for trial by separate order. The order will establish trial type
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`deadlines to include pretrial matters pursuant to Local Rule CV-16(e)-(g).
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`16.
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`All of the parties who have appeared in the action conferred concerning the contents of the
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`proposed scheduling order on October 20, 2023, and the parties have agreed as to its contents.
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`13th
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` December
`SIGNED this _______, day of _____________, 2023.
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`THE HONORABLE DAVID A. EZRA
`UNITED STATES DISTRICT JUDGE
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`4
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