Case 6:21-cv-00622-ADA Document 75 Filed 01/25/23 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS,
`WACO DIVISION
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`XR COMMUNICATIONS, LLC, dba
`VIVATO TECHNOLOGIES,
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`Plaintiff,
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`-vs.-
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`ASUSTEK COMPUTER INC.,
`
`Defendants.
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`The Honorable
`Alan D. Albright
`
`No.: 6:21-cv-00622-ADA
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`JURY TRIAL DEMANDED
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`AMENDED SCHEDULING ORDER
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`1
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`Case 6:21-cv-00622-ADA Document 75 Filed 01/25/23 Page 2 of 3
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`Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the
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`following amended schedule will govern deadlines up to and including the trial of this matter. The
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`following amended schedule incorporates all deadlines up to and including the August 26, 2022,
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`Deadline to serve Final Infringement and Invalidity Contentions as found in the Court’s original
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`Scheduling Order (ECF No. 39) as if fully set forth herein.
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`Revised Deadline
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`Item
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`Current Deadline
`(ECF Nos. 28 and
`58)
`February 3, 2023
`February 17, 2023
`March 3, 2023
`June 16, 2022 (or as
`soon as practicable)
`at 1 p.m.
`October 7, 2022
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`March 30, 2023
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`Plaintiff’s replacement response brief
`February 3, 2023
`February 17, 2023 Defendant’s replacement reply brief
`March 3, 2023
`Plaintiff’s replacement sur-reply brief
`March 23, 2023
`Markman Hearing at 9:00 a.m. This date is a
`placeholder and the Court may adjust this date as
`the Markman hearing approaches.
`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.)
`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.
`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
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`December 16, 2022 March 30, 2023
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`January 20, 2023
`January 27, 2023
`February 24, 2023
`March 17, 2023
`March 24, 2023
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`May 4, 2023
`May 18, 2023
`June 22, 2023
`July 11, 2023
`July 18, 2023
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`1
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`Case 6:21-cv-00622-ADA Document 75 Filed 01/25/23 Page 3 of 3
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`March 31, 2023
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`April 14, 2023
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`April 28, 2023
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`May 5, 2023
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`May 12, 2023
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`May 19, 2023
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`April 21, 2023
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`May 26, 2023
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`June 2, 2023
`June 23, 2023
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`August 1, 2023
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`August 10, 2023
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`August 24, 2023
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`September 5, 2023
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`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 #9 regarding providing
`copies of the briefing to the Court and the technical
`adviser (if appointed).
`instructions,
`Serve Pretrial Disclosures (jury
`exhibits
`lists, witness
`lists, discovery and
`deposition designations).
`Serve objections to pretrial disclosures/rebuttal
`disclosures.
`Serve objections to rebuttal disclosures; file
`Motions in limine.
`September 12, 2023 File Joint Pretrial Order and Pretrial Submissions
`(jury instructions, exhibits lists, witness lists,
`discovery and deposition designations); file
`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 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.
`Parties email the Court’s law clerk to confirm
`pretrial and trial dates
`File joint notice identifying remaining objections
`to pretrial disclosures and disputes on motions in
`limine.
`Final Pretrial Conference.
`Jury Selection/Trial.
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` September
`2023
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`26,
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`October 2, 2023
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`October 6, 2023
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`TBD
`TBD
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`SIGNED this 25th day of January, 2023.
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