`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`FLYPSI, INC. (D/B/A FLYP),
`
`
`
`
`
`
`
`Plaintiff,
`
`Civil Action No. 6:22-cv-31-ADA
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`AMENDED SCHEDULING ORDER
`
`On March 2, 2023, Plaintiff Flypsi, Inc. (“Flyp”) and Defendant Google LLC (“Google”),
`
`filed a Joint Motion for Entry of an Amended Scheduling Order. Having considered the Motion
`
`the Court finds that ______ proposed deadlines should govern this case. The Parties’ Motion is
`
`hereby GRANTED and the Court ORDERS that the deadlines proposed by ______ in the
`
`Amended Schedule below shall govern the remaining deadlines in this matter.
`
`Current Deadline
`
`January 11, 2022
`
`AMENDED SCHEDULE
`
`Flyp’s Proposed
`Deadlines
`March 21, 2023
`
`
`
`Google’s Proposed
`Deadlines
`March 21, 2023
`
`
`
`Item
`
`Deadline to serve Final Infringement and
`Invalidity 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.
`
`
`1
`
`
`
`Case 6:22-cv-00031-ADA Document 100-1 Filed 03/03/23 Page 2 of 4
`
`Current Deadline
`
`March 8, 2023
`
`Flyp’s Proposed
`Deadlines
`March 22, 2023
`
`
`
`Google’s Proposed
`Deadlines
`May 16, 2023
`
`
`
`May 17, 2023
`
`May 31, 2023
`
`
`
`July 25, 2023
`
`
`
`June 14, 2023
`
`June 21, 2023
`
`July 19, 2023
`
`August 9, 2023
`
`August 16, 2023
`
`June 28, 2023
`
`
`July 5, 2023
`
`
`
`August 2, 2023
`
`
`August 23, 2023
`
`
`August 30, 2023
`
`
`
`August 22, 2023
`
`
`August 29, 2023
`
`
`
`September 26, 2023
`
`
`October 17, 2023
`
`
`October 24, 2023
`
`
`
`August 23, 2023
`
`September 6, 2023
`
`
`
`October 31, 2023
`
`
`
`2
`
`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.)
`
`
`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. If 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.
`
`deadline
`Dispositive motion
`Daubert motion deadline.
`
`
`and
`
`
`
`Case 6:22-cv-00031-ADA Document 100-1 Filed 03/03/23 Page 3 of 4
`
`Current Deadline
`
`Flyp’s Proposed
`Deadlines
`
`Google’s Proposed
`Deadlines
`
`September 6, 2023
`
`
`September 6, 2023
`Unchanged from ECF 73
`
`
`November 14, 2023
`
`
`
`September 20, 2023
`
`
`September 20, 2023
`
`
`September 27, 2023
`
`
`October 4, 2023
`
`
`
`September 20, 2023
`Unchanged from ECF 73
`
`
`September 20, 2023
`Unchanged from ECF 73
`
`
`September 27, 2023
`Unchanged from ECF 73
`
`October 4, 2023
`Unchanged from ECF 73
`
`
`
`November 28, 2023
`
`
`November 28, 2023
`
`
`December 5, 2023
`
`
`December 12, 2023
`
`
`
`October 11, 2023
`
`
`October 11, 2023
`Unchanged from ECF 73
`
`
`December 19, 2023
`
`
`
`October 20, 2023
`
`
`October 20, 2023
`Unchanged from ECF 73
`
`
`December 27, 2023
`
`
`
`October 25, 2023
`
`November 15, 2023
`
`October 25, 2023
`Unchanged from ECF 73
`
`November 15, 2023
`
`January 2, 2024
`
`
`January 23, 2024
`
`3
`
`Item
`
`See General Issues Note #7 regarding
`providing copies of the briefing to the
`Court and the technical advisor (if
`appointed).
`
`(jury
`Pretrial Disclosures
`Serve
`instructions, exhibits lists, witness lists,
`discovery and deposition designations).
`
`to
`objections
`Serve
`disclosures/rebuttal disclosures.
`
`pretrial
`
`Parties to jointly email the Court’s law
`clerk (See OGP at 1) to confirm their
`pretrial conference and trial dates.
`Serve objections to rebuttal disclosures;
`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
`email 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.
`
`Jury Selection/Trial.
`
`
`
`Case 6:22-cv-00031-ADA Document 100-1 Filed 03/03/23 Page 4 of 4
`
`Current Deadline
`
`Flyp’s Proposed
`Deadlines
`Unchanged from ECF 73
`
`Unchanged from
`ECF 73
`
`
`SIGNED this __ day of March, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Google’s Proposed
`Deadlines
`
`Item
`
`__________________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`4
`
`