Case 6:21-cv-00642-ADA Document 19-1 Filed 09/08/21 Page 1 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`FLYPSI, INC. (D/B/A FLYP),
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`Plaintiff,
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`Civil Action No. 6:21-cv-642-ADA
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`vs.
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`DIALPAD, INC.,
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`Defendant.
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`JURY TRIAL DEMANDED
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`SCHEDULING ORDER
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`On August 31, 2021, Plaintiff Flypsi, Inc. (“Flyp”) and Defendant Dialpad, Inc.
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`(“Dialpad”), filed a Joint Motion for Entry of Proposed Scheduling Order. In the Motion, the
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`parties requested entry of the Agreed Schedule attached in a Proposed Scheduling Order. Having
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`considered the Motion, the Court ORDERS that the Agreed Schedule below shall govern the
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`deadlines in this matter.
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`AGREED SCHEDULE
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`Deadline
`September 3, 2021
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`September 3, 2021
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`Item
`Case Management Conference set in accordance with the
`Court’s Standing Order Regarding Notice of Readiness in
`Patent Cases
`Plaintiff serves preliminary1 infringement contentions in the
`form of a chart setting forth where in the accused product(s)
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`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
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`Case 6:21-cv-00642-ADA Document 19-1 Filed 09/08/21 Page 2 of 5
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`Deadline
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`September 17, 2021
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`November 5, 2021
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`November 12, 2021
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`November 19, 2021
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`December 1, 2021
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`Item
`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.
`The Parties shall submit an agreed Scheduling Order. If the
`parties cannot agree, the parties shall submit a separate Joint
`Motion for entry of each 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.
`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 limitations the Defendant
`contends are indefinite or lack written description under
`section 112, and (3) an identification of any claims the
`Defendant contends are directed to ineligible subject matter
`under section 101. Defendant shall also produce (1) all prior
`art referenced in the invalidity contentions, and (2) technical
`documents, including software where applicable, sufficient to
`show the operation of the accused product(s).
`Parties exchange claim terms for construction
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`Parties exchange proposed claim constructions.
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`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 witness’s expected testimony.2 With respect to items of
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`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 issues.
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` Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied
`upon by the other party.
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`Case 6:21-cv-00642-ADA Document 19-1 Filed 09/08/21 Page 3 of 5
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`Deadline
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`December 3, 2021
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`December 10, 2021
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`December 31, 2021
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`January 14, 2022
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`January 28, 2022
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`February 2, 2022
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`~February 4, 2022
`(at least 10 days before
`Markman hearing)
`~February 11, 2022, or as Set
`By Court
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`1 business day after Markman
`hearing
`6 weeks after Markman
`hearing
`8 weeks after Markman
`hearing
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`Item
`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.
`Defendant files Opening claim construction brief, including any
`arguments that any claim terms are indefinite.
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`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief.
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`Plaintiff files a Sur-Reply claim construction brief.
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`Parties submit Joint Claim Construction Statement.
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`See General Issues Note #9 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`Parties submit optional technical tutorials to the Court and
`technical adviser (if appointed).3
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`Markman Hearing at 9:00 a.m. This date is a placeholder and
`the Court may adjust this date as the Markman hearing
`approaches
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`Deadline to add parties
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`Invalidity
`Infringement and
`to serve Final
`Deadline
`Contentions. After this date, 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.
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`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.
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`Case 6:21-cv-00642-ADA Document 19-1 Filed 09/08/21 Page 4 of 5
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`Deadline
`16 weeks after Markman
`hearing
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`26 weeks after Markman
`hearing
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`30 weeks after Markman
`hearing
`31 weeks after Markman
`hearing
`35 weeks after Markman
`hearing
`38 weeks after Markman
`hearing
`39 weeks after Markman
`hearing
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`40 weeks after Markman
`hearing
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`42 weeks after Markman
`hearing
`44 weeks after Markman
`hearing
`45 weeks after Markman
`hearing
`46 weeks after Markman
`hearing
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`47 weeks after Markman
`hearing
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`Item
`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.)
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`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.
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`Opening Expert Reports.
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`Rebuttal Expert Reports
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`Close of Expert Discovery.
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`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 #9 regarding providing copies of the
`briefing to the Court and the technical adviser (if appointed).
`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
`Serve objections to pretrial disclosures/rebuttal disclosures.
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`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
`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
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`Case 6:21-cv-00642-ADA Document 19-1 Filed 09/08/21 Page 5 of 5
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`Deadline
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`3 business days before Final
`Pretrial Conference
`49 weeks after Markman
`hearing
`52 weeks after Markman
`hearing (or as soon as
`practicable)4
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`Item
`said request shall file a notice with the Court and e-mail the
`Court Reporter, Kristie Davis at kmdaviscsr@yahoo.com
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`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 these dates at the
`conclusion of the Markman Hearing.
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`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.
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