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Case 6:21-cv-00642-ADA Document 50-1 Filed 04/04/22 Page 1 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`FLYPSI, INC. (D/B/A FLYP),
`
`
`
`
`
`
`
`Plaintiff,
`
`Civil Action No. 6:21-cv-642-ADA
`
`vs.
`
`DIALPAD, INC.,
`
`Defendant.
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`SECOND AMENDED SCHEDULING ORDER
`
`On April 4, 2022, Plaintiff Flypsi, Inc. (“Flyp”) and Defendant Dialpad, Inc. (“Dialpad”),
`
`filed a Joint Motion for Entry of Second Amended Proposed Scheduling Order to Govern Post-
`
`Markman Proceedings. In the Motion, the parties requested entry of the Agreed Schedule attached
`
`in a Proposed Scheduling Order. Having considered the Motion, the Court ORDERS that the
`
`Agreed Schedule below shall govern the deadlines in this matter.
`
`AGREED SCHEDULE
`
`Item
`Markman Hearing at 4:00pm
`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
`
`Deadline to add parties
`
` 1
`
`
`
`Deadline
`March 30, 2022
`March 31, 2022
`
`1 business day after Markman
`hearing
`May 11, 2022
`
`6 weeks after Markman
`hearing
`
`
`
`

`

`Case 6:21-cv-00642-ADA Document 50-1 Filed 04/04/22 Page 2 of 4
`
`Deadline
`May 25, 2022
`
`8 weeks after Markman
`hearing
`
`July 20, 2022
`
`16 weeks after Markman
`hearing
`September 28, 2022
`
`26 weeks after Markman
`hearing
`
`October 26, 2022
`
`30 weeks after Markman
`hearing
`November 2, 2022
`
`31 weeks after Markman
`hearing
`November 30, 2022
`
`35 weeks after Markman
`hearing
`December 21, 2022
`
`38 weeks after Markman
`hearing
`December 28, 2022
`
`39 weeks after Markman
`hearing
`
`Item
`Invalidity
`to serve Final
`Infringement and
`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.
`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 file a Joint
`Report within 5 business days regarding the results of the meet
`and confer.
`
` 2
`
`
`
`
`
`

`

`Case 6:21-cv-00642-ADA Document 50-1 Filed 04/04/22 Page 3 of 4
`
`Deadline
`January 4, 2023
`
`40 weeks after Markman
`hearing
`January 18, 2023
`
`42 weeks after Markman
`hearing
`February 1, 2023
`
`44 weeks after Markman
`hearing
`February 6, 2023
`
`8 weeks before trial
`February 8, 2023
`
`45 weeks after Markman
`hearing
`February 15, 2023
`
`46 weeks after Markman
`hearing
`February 22, 2023
`
`47 weeks after Markman
`hearing
`
`March 3, 2022
`
`3 business days before Final
`Pretrial Conference
`TBD
`~March 8, 2022
`
`49 weeks after Markman
`hearing
`
`Item
`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.
`
`clerk
`law
`the Court’s
`email
`jointly
`to
`Parties
`(txwdml_lawclerks_wa_judgealbright@txwd.uscourts.gov) to
`confirm their pretrial conference and trial dates.
`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
`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. Held in person unless otherwise
`requested.
`
` 3
`
`
`
`
`
`

`

`Case 6:21-cv-00642-ADA Document 50-1 Filed 04/04/22 Page 4 of 4
`
`Item
`Jury Selection/Trial. The Court expects to set these dates at the
`conclusion of the Markman Hearing.
`
`Deadline
`TBD
`~April 3, 2023
`
`52 weeks after Markman
`hearing (or as soon as
`practicable)1
`
`
`
`
`
`1 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.
`
` 4
`
`
`
`
`
`

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