Case 1:24-cv-00261-DAE Document 70 Filed 09/18/24 Page 1 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`BYTEWEAVR, LLC,
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`Plaintiff,
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`v.
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`CLOUDERA, INC.,
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`Defendant.
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`----------------------------------------------------------
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`CLOUDERA, INC.,
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`Counter-Plaintiff,
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`CIVIL ACTION NO. 1:24-cv-00261-RP
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`v.
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`BYTEWEAVR, LLC; AI-CORE
`TECHNOLOGIES, LLC a.k.a. AI CORE
`TECHNOLOGIES LLC; ASCEND
`INNOVATION MANAGEMENT, LLC;
`ASCEND IP, LLC; MIND FUSION, LLC; and
`REPUBLIC REGISTERED AGENT, LLC
`a.k.a. REPUBLIC REGISTER AGENT, LLC,
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`Counter-Defendants.
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`AGREED SCHEDULING ORDER
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`CLERK, U.S. DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
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`BY: ________________________________
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`FILED
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`DEPUTY
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`September 18, 2024
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`SL
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`Case 1:24-cv-00261-DAE Document 70 Filed 09/18/24 Page 2 of 7
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`1.
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`A report on alternative dispute resolution in compliance with Local Rule CV-88
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`shall be filed on or before September 29, 2025.
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`2.
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`The Parties asserting claims for relief shall submit a written offer of settlement to
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`opposing Parties on or before September 3, 2025, and each opposing party shall respond, in
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`writing, on or before September 10, 2025. All offers of settlement are to be private, not filed.
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`The Parties are ordered to retain the written offers of settlement and responses so the Court may
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`use them in assessing attorney’s fees and costs at the conclusion of the trial.
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`3.
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`Each party shall complete and file the “Notice Concerning Reference to United
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`States Magistrate Judge” on or before July 15, 2024.
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`4.
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`5.
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`The Parties will exchange initial disclosures by July 8, 2024.
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`Plaintiff will serve its Infringement Contentions on or before July 29, 2024,
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`containing the following information: a chart setting forth where in the accused product(s) each
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`element of the asserted claim(s) are found, whether literally and/or under the doctrine of
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`equivalents; the priority date that Plaintiff contends each asserted claim is entitled to, along with
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`production of all documents evidencing conception and reduction to practice for each claimed
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`invention and a copy of the file history for each patent-in-suit.
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`6.
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`Defendant will serve its Invalidity Contentions by October 7, 2024, containing the
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`following information: claim charts setting forth where in the prior art references each element of
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`the asserted claim(s) are found; an identification of any limitations that Defendant contends are
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`indefinite or lack written description under 35 U.S.C. § 112; and an identification of any claims
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`that Defendant contends are directed to ineligible subject matter under 35 U.S.C. § 101. The
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`defendant shall also produce (1) all prior art referenced in the invalidity contentions, and (2)
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`technical documents sufficient to show the operation of the accused product(s).
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`Case 1:24-cv-00261-DAE Document 70 Filed 09/18/24 Page 3 of 7
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`7.
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`Amendment of the Infringement Contentions or the Invalidity Contentions may be
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`made only by order of the Court upon a timely showing of good cause.
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`8.
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`The following schedule shall apply to claim construction proceedings in this case:
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`a.
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`On or before January 6, 2025, the Parties shall concurrently exchange a list of
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`claim terms a party believes should be construed by the Court and identify any
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`claim element a party contends should be governed by 35 U.S.C. § 112(f).
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`b.
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`On or before January 13, 2025, the Parties shall concurrently exchange
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`proposed preliminary claim constructions and shall identify the extrinsic
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`evidence the Parties intend to rely upon for claim construction purposes. The
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`Parties shall identify each such item of extrinsic evidence by production number
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`or produce a copy of any such item not previously produced. The Parties shall
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`also identify any witnesses they contend support their respective claim
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`constructions. With respect to any such witness, the Parties shall also provide
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`a brief description of the substance of that witness’ proposed testimony.
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`c.
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`On or before January 20, 2025, the Parties shall meet and confer to narrow
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`terms in dispute and exchange revised lists of terms and proposed constructions,
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`if any.
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`d.
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`On February 17, 2025, Defendant shall file its Opening Claim Construction
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`Brief, with supporting evidence, including any declarations of expert witnesses
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`in support of claim construction. The page limit for the Opening Claim
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`Construction Brief shall be 40 pages, exclusive of the caption, any tables,
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`signature block, any certificate, and exhibits. The Parties shall also submit their
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`respective Technology Tutorials, if any, by this date.
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`Case 1:24-cv-00261-DAE Document 70 Filed 09/18/24 Page 4 of 7
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`e.
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`On March 10, 2025, Plaintiff shall file its Responsive Claim Construction Brief
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`with supporting evidence, including any responsive declarations of expert
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`witnesses in support of its responsive positions. The page limit for the
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`Responsive Claim Construction Brief shall be 40 pages, exclusive of the
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`caption, any tables, signature block, any certificate, and exhibits.
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`f.
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`On March 24, 2025, Defendant shall file its Reply Claim Construction Brief.
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`The page limit for the Reply Claim Construction Brief shall be 20 pages,
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`exclusive of the caption, any tables, signature block, any certificate, and
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`exhibits.
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`g.
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`On March 31, 2025, Plaintiff shall file its Sur-Reply Claim Construction Brief.
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`The page limit for the Sur-Reply Claim Construction Brief shall be 20 pages
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`exclusive of the caption, any tables, signature block, any certificate, and
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`exhibits.
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`h.
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`Claim Construction Hearing: 9:00 a.m. on April 9, 2025.
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`9.
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`The Parties shall file all motions to amend or supplement pleadings on or before
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`May 5, 2025 and in accordance with Federal Rule of Civil Procedure 15.
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`10.
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`11.
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`The Parties shall complete all fact discovery on or before September 8, 2025.
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`The Parties must meet and confer regarding a proposed reduction in asserted patent
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`claims and asserted invalidity grounds on or before August 11, 2025. The parties must meet in
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`good faith to narrow the scope of the case prior to exchanges of expert reports, and ultimately for
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`trial. On or before August 18, 2025, the parties must submit a joint statement to the Court
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`regarding the results of the meet and confer and any disputes regarding case narrowing.
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`12.
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`All Parties with the initial burden of proof shall exchange opening expert reports
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`Case 1:24-cv-00261-DAE Document 70 Filed 09/18/24 Page 5 of 7
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`(all materials required by Federal Rule of Civil Procedure 26(a)(2)(B)) on or before October 6,
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`2025. The Parties shall exchange rebuttal expert reports (all materials required by Federal Rule of
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`Civil Procedure 26(a)(2)(B)) on or before November 17, 2025.
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`13.
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`14.
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`The Parties shall complete all expert discovery on or before December 22, 2025.
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`All dispositive motions and Daubert motions shall be filed on or before February
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`9, 2026. Responses shall be filed and served on all other Parties not later than March 9, 2026.
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`Any replies shall be filed and served on all other Parties not later than March 23, 2026. The
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`parties agree to confer regarding page limitations of dispositive and Daubert motion practice and
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`to present a joint proposal, or present competing proposals if they cannot agree, to the Court on
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`this issue by December 9, 2025.
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`15.
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`Nothing herein prevents a party from filing multiple dispositive and/or Daubert
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`motions, provided that such motions meet the requisite page limitations.
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`16.
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`The Court will set this case for final pretrial conference at a later time. The final
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`pretrial conference shall be attended by at least one of the attorneys who will conduct the trial for
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`each of the parties and by any unrepresented parties. The parties should consult Local Rule CV-
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`16(e) regarding matters to be filed in advance of the final pretrial conference. The parties shall
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`not complete the following paragraph. It will be completed by the Court at the initial pretrial
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`conference to be scheduled by the Court.
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`17.
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`This case is set for jury trial commencing at 9:30 a.m. on June 8, 2026. Jury
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`selection may be conducted by a United States Magistrate Judge the Friday before the case is
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`set for trial. Given that (1) many cases resolve before trial and (2) the Austin Division has
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`only one active district court judge, the Court may set a criminal case and several civil cases
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`for the same trial week. The Court recognizes the inconvenience this may cause counsel and
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`Case 1:24-cv-00261-DAE Document 70 Filed 09/18/24 Page 6 of 7
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`parties if a trial is moved shortly before the trial date, but the Court must balance that
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`inconvenience with its need to effectively deploy limited judicial resources.
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`The parties may modify the deadlines in this Order by agreement, with the exception of
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`the dispositive motions deadline and the trial date. Those dates are firm. The Court may impose
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`sanctions under Federal Rule of Civil Procedure 16(f) if the parties do not make timely
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`submissions under this Order.
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`SIGNED on ______________________________, 2024.
`September 18
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`___________________________
`ROBERT PITMAN
`UNITED STATES DISTRICT JUDGE
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`Case 1:24-cv-00261-DAE Document 70 Filed 09/18/24 Page 7 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
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`Plaintiff(s),
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`____________________,
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`v.
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`____________________,
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`Defendant(s).
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`1:__-CV-____-RP
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`NOTICE CONCERNING REFERENCE TO
`UNITED STATES MAGISTRATE JUDGE
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`In accordance with the provisions of 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73,
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`and the Local Rules of the United States District Court for the Western District of Texas, the
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`following party ________________________________________________________________
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`through counsel _______________________________________________________________
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`___ consents to having a United States Magistrate Judge preside over the trial in this case.
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`___ declines to consent to trial before a United States Magistrate Judge.
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`Respectfully submitted,
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`__________________________________
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`Attorney for:
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`__________________________________
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