`
`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 the schedule below should govern this case.
`
`Current Deadline
`January 11, 2022
`
`Amended Deadline
`March 21, 2023
`
`
`
`March 8, 2023
`
`March 22, 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.
`
`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.)
`
`
`
`1
`
`
`
`Case 6:22-cv-00031-ADA Document 102 Filed 03/06/23 Page 2 of 3
`
`Current Deadline
`May 17, 2023
`
`Amended Deadline
`May 31, 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 23, 2023
`
`September 6, 2023
`
`
`
`September 6, 2023
`
`
`September 20, 2023
`
`
`September 20, 2023
`
`
`
`
`October 4, 2023
`
`2
`
`Item
`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.
`
`Dispositive motion deadline and Daubert
`motion deadline.
`
`See General Issues Note #7 regarding
`providing copies of the briefing to the Court
`and the technical advisor (if appointed).
`
`Serve Pretrial Disclosures (jury instructions,
`exhibits lists, witness lists, discovery and
`deposition designations).
`
`to
`objections
`Serve
`disclosures/rebuttal disclosures.
`
`
`pretrial
`
`
`
`Case 6:22-cv-00031-ADA Document 102 Filed 03/06/23 Page 3 of 3
`
`Current Deadline
`September 20, 2023
`
`
`
`
`Amended Deadline
`October 4, 2023
`
`September 27, 2023
`
`
`October 11, 2023
`
`
`October 4, 2023
`
`
`
`October 4, 2023
`
`
`
`October 11, 2023
`
`
`October 25, 2023
`
`
`October 20, 2023
`
`
`
`
`
`October 25, 2023
`
`November 15, 2023
`
`
`November 3, 2023
`
`November 8, 2023
`
`November 27, 2023
`
`
`Item
`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
`
`to meet and confer regarding
`Deadline
`remaining objections and disputes on motions
`in limine.
`remaining
`identifying
`File
`joint notice
`objections to pretrial disclosures and disputes
`on motions in limine.
`
`Final Pretrial Conference. Held in person
`unless otherwise requested.
`Jury Selection/Trial.
`
`
`
`SIGNED this 6th day of March, 2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`__________________________________________
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`3
`
`
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