Case 6:20-cv-00810-ADA Document 40-2 Filed 01/13/21 Page 1 of 5
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Plaintiff,
`
` v.
`
`10TALES, INC.,
`
`
`
`
`
`TIKTOK INC., TIKTOK PTE. LTD.,
`BYTEDANCE LTD., and BYTEDANCE
`INC.,
`
`
`
`
`
`CIVIL ACTION NO. 6:20-CV-810-ADA
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`SCHEDULING ORDER
`
`On ______________________, the Court conducted a conference in the above entitled and
`
`numbered cause. All parties appeared through counsel. As a result of such hearing, and pursuant
`
`to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following schedule will
`
`govern deadlines up to and including the trial in this matter:
`
`Default
`Schedule
`
`December 14,
`2020
`
`TikTok
`10Tales
`Proposed
`Proposed
`Deadline
`Deadline
`December 14, 2020
`
`Inc.
`
`Item
`
`preliminary
`serves
`Plaintiff
`infringement1 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
`
`
`1 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 reasonably upon identifying any such material. Any amendment to add patent claims requires
`leave of court so that the Court can address any scheduling issues.
`
`
`
`
`
`
`-1-
`
`
`
`
`
`

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`Case 6:20-cv-00810-ADA Document 40-2 Filed 01/13/21 Page 2 of 5
`
`January 4, 2021 January
`2021
`January 4, 2021 January
`2021
`
`
`
`February
`2021
`
`February
`2021
`
`8,
`
`27,
`
`27,
`
`8,
`
`reduction to practice for each claimed
`invention, and (2) a copy of the file
`history for each patent in suit.
`March 1, 2021 All Defendants
`to respond
`Amended complaint.
`March 1, 2021 Deadline for Motions to Transfer
`
`the
`
`to
`
`March 1, 2021 Defendants serve 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 Defendants
`contend are indefinite or lack written
`description under section 112, and (3) an
`identification of
`any
`claims
`the
`Defendants contend are directed
`to
`ineligible subject matter under section
`101. Defendants shall also produce
`(1) all prior art
`referenced
`in
`the
`invalidity
`contentions,
`(2) technical
`documents, including software where
`applicable, sufficient
`to show
`the
`operation of the accused product(s), and
`(3) summary, annual sales information
`for the accused product(s) for the two
`years preceding
`the
`filing of
`the
`Complaint, unless the parties agree to
`some other timeframe.
`Parties exchange claim
`construction.
`Parties
`exchange
`constructions.
`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
`
`terms
`
`for
`
`proposed
`
`claim
`
`March 12,
`February
`February
`2021
`2021
`2021
`March 12, 2021 March 12, 2021 March 19,
`2021
`
`26,
`
`26,
`
`March 19, 2021 March 19, 2021
`
`
`
`
`
`
`
`-2-
`
`
`
`
`
`

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`Case 6:20-cv-00810-ADA Document 40-2 Filed 01/13/21 Page 3 of 5
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`witness’s expected testimony. 2 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.
`Deadline to meet and confer to narrow
`terms in dispute and exchange revised
`list of terms/constructions.
`claim
`Plaintiff
`files
`Opening
`any
`construction
`brief,
`including
`arguments that any claim terms are
`indefinite.
`files Responsive
`Defendant
`construction brief.
`Plaintiff files Reply claim construction
`brief.
`files
`Defendant
`construction brief.
`
`Sur-Reply
`
`claim
`
`claim
`
`March 26, 2021 March 26, 2021
`
`April 2, 2021
`
`April 2, 2021
`
`April 23, 2021 April 23, 2021
`
`May 7, 2021
`
`May 7, 2021
`
`May 21, 2021
`
`May 21, 2021
`
`
`May 24, 2021 May 24, 2021
`
`
`May 28, 2021
`
`May 28, 2021
`
`
`
`
`
`
`No later than
`June 2, 2021
`
`June 4, 2021
`
`
`June 7, 2021
`
`July 16, 2021
`July 30, 2021
`
`June 4, 2021
`
`
`June 7, 2021
`
`July 16, 2021
`July 30, 2021
`
`Parties submit Joint Claim Construction
`Statement.
`
`See General Issues Note #8 regarding
`providing copies of the briefing to the
`Court and the technical advisor (if
`appointed).
`technical
`optional
`Parties
`submit
`tutorials to the Court and technical
`advisor (if appointed).3
`10Tales respond to all Defendants
`motion transfers two weeks after
`transfer-related discovery is complete.
`Markman Hearing at 1:30 p.m.
`
`Fact Discovery opens; deadline to serve
`Initial Disclosures per Rule 26(a).
`Deadline to add parties.
`Deadline to serve Final Infringement and
`Invalidity Contentions. After this date,
`
`
`2 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other
`party.
`
`3 The parties should contact the law clerk to request a Box link so that the party can directly upload the file to the
`Court’s Box account.
`
`
`
`
`
`
`-3-
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`

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`Case 6:20-cv-00810-ADA Document 40-2 Filed 01/13/21 Page 4 of 5
`
`September
`2021
`
`7,
`
`September 7, 2021
`
`September 24,
`2021
`
`September 24, 2021
`
`October 4, 2021 October 4, 2021
`October
`12,
`October 12, 2021
`2021
`
`8,
`
`
`November
`2021
`November 29,
`2021
`December
`2021
`
`6,
`
`November 8, 2021
`
`November 29, 2021
`
`December 6, 2021
`
`December 13,
`2021
`
`December 13, 2021
`
`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 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.
`Deadline to amend pleadings. A motion
`is not required unless the amendment
`adds patents or claims. (Note: This
`includes amendments in response to a
`12(c) motion.)
`Close of Fact Discovery.
`Opening Expert Reports.
`
`Rebuttal Expert Reports.
`
`Close of Expert Discovery.
`
`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. To
`the extent 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.
`Dispositive motion deadline and Daubert
`motion deadline.
`
`See General Issues Note #8 regarding
`providing copies of the briefing to the
`
`
`
`
`
`
`-4-
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`

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`Case 6:20-cv-00810-ADA Document 40-2 Filed 01/13/21 Page 5 of 5
`
`December 27,
`2021
`
`December 27, 2021
`
`January
`2022
`January
`2022
`January
`2022
`
`January
`2022
`
`20,
`
`January 20, 2022
`
`18,
`
`January 18, 2022
`
`24,
`
`January 24, 2022
`
`31,
`
`January 31, 2022
`
`February
`2022
`
`February
`2022*
`
`10,
`
`February 10, 2022
`
`14,
`
`February 14, 2022*
`
`March 7, 2022* March 7, 2022*
`
`Court and the technical advisor (if
`appointed).
`(jury
`Serve
`Pretrial Disclosures
`instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`Serve
`objections
`to
`pretrial
`disclosures/rebuttal disclosures.
`Serve objections to rebuttal disclosures
`and File Motions in limine.
`File Joint Pretrial Order and Pretrial
`Submissions (jury instructions, exhibits
`lists, witness
`lists, discovery and
`deposition designations); file oppositions
`to motions in limine.
`for Daily
`File Notice of Request
`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 e-
`mail the Court Reporter, Kristie Davis at
`kmdaviscsr@yahoo.com
`
`Deadline to meet and confer regarding
`remaining objections and disputes on
`motions in limine.
`File joint notice identifying remaining
`objections to pretrial disclosures and
`disputes on motions in limine.
`Final Pretrial Conference.
`
`*The Court expects to set this date at the
`conclusion of the Markman Hearing.
`Jury Selection/Trial.
`
`*The Court expects to set this date at the
`conclusion of the Markman Hearing.
`
`
`SIGNED this ____ day of _____________________, 2021.
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`_______________________________________
`ALAN D. ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`-5-
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