Case 6:22-cv-00031-ADA Document 39-1 Filed 05/13/22 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. 6:22-cv-31-ADA
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`vs.
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`GOOGLE LLC,
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`Defendant.
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`JURY TRIAL DEMANDED
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`SCHEDULING ORDER
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`On May 13, 2022, Plaintiff Flypsi, Inc. (“Flyp”) and Defendant Google LLC (“Google”),
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`filed a Joint Motion for Entry of Proposed Scheduling Order. In the Motion, the parties requested
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`entry of the Agreed Schedule attached in a Proposed Scheduling Order. Having considered the
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`Motion, the Court ORDERS that the Agreed Schedule below shall govern the deadlines in this
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`matter.
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`AGREED SCHEDULE
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`Item
`Plaintiff serves preliminary1 infringement contentions in the
`form of a chart setting forth where in the accused product(s)
`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
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`Deadline
`April 25, 2022
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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
`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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`1
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`Case 6:22-cv-00031-ADA Document 39-1 Filed 05/13/22 Page 2 of 5
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`Deadline
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`May 2, 2022
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`May 16, 2022
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`June 22, 2022
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`July 6, 2022
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`July 20, 2022
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`July 27, 2022
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`Item
`for each claimed invention, and (2) a copy of the file history
`for each patent in suit.
`Case Management Conference set in accordance with the
`Court’s Standing Order Regarding Notice of Readiness in
`Patent Cases.
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`The Parties shall file a motion to enter an agreed Scheduling
`Order. If the parties cannot agree, the parties shall submit a
`separate Joint Motion for entry of Scheduling 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.
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`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).
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`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 extrinsic
`evidence, the parties shall identify each such item by
`production number or produce a copy of any such item if not
`previously produced.
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`2 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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`2
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`Case 6:22-cv-00031-ADA Document 39-1 Filed 05/13/22 Page 3 of 5
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`Deadline
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`August 3, 2022
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`August 10, 2022
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`August 17, 2022
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`August 31, 2022
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`September 14, 2022
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`September 14, 2022
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`September 28, 2022
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`October 5, 2022
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`September 30, 2022
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`October 12, 20223
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`October 13, 2022
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`Item
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`Deadline to meet and confer to narrow terms in dispute and
`exchange revised list of terms/constructions.
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`Defendant files Opening claim construction brief, including
`any arguments that any claim terms are indefinite.
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`Deadline to file a motion for inter-district transfer. After this
`deadline, movants must seek leave of Court and show good
`cause for the delay.
`Plaintiff files Responsive claim construction brief.
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`Defendant files Reply claim construction brief.
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`Parties to jointly email the law clerks (see OGP at 1) to
`confirm their Markman date and to notify if any venue or
`jurisdictional motions remain unripe for resolution.
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`Plaintiff files a Sur-Reply claim construction brief.
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`Parties submit Joint Claim Construction Statement and email
`the law clerks an editable copy.
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`See General Issues Note #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
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`Parties submit optional technical tutorials to the Court and
`technical advisor (if appointed).
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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.
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`Fact Discovery opens; deadline to serve Initial Disclosures per
`Rule 26(a).
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`3 All deadlines hereafter follow the original Markman hearing date and do not change if the Court
`delays the Markman hearing.
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`3
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`Case 6:22-cv-00031-ADA Document 39-1 Filed 05/13/22 Page 4 of 5
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`Deadline
`November 23, 2022
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`December 7, 2022
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`February 1, 2023
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`April 12, 2023
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`May 10, 2023
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`May 17, 2023
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`June 14, 2023
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`July 5, 2023
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`July 12, 2023
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`July 19, 2023
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`Deadline to add parties.
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`Item
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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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`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
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`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. 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.
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`Dispositive motion deadline and Daubert motion deadline.
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`See General Issues Note #7 regarding providing copies of the
`briefing to the Court and the technical advisor (if appointed).
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`4
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`Case 6:22-cv-00031-ADA Document 39-1 Filed 05/13/22 Page 5 of 5
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`Deadline
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`August 2, 2023
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`August 16, 2023
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`August 23, 2023
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`August 30, 2023
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`September 6, 2023
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`August 16, 2023
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`September 15, 2023
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`September 20, 2023
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`October 11, 20234
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`Item
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`Serve Pretrial Disclosures (jury instructions, exhibits lists,
`witness lists, discovery and deposition designations).
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`Serve objections to pretrial disclosures/rebuttal disclosures.
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`Serve objections to rebuttal disclosures; file Motions in limine.
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`File Joint Pretrial Order and Pretrial Submissions (jury
`instructions, exhibits lists, witness lists, discovery and
`deposition designations); file oppositions to motions in limine
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`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
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`Deadline to meet and confer regarding remaining objections
`and disputes on motions in limine.
`Parties to jointly email the Court’s law clerk (See OGP at 1) to
`confirm their pretrial conference and trial dates.
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`File joint notice identifying remaining objections to pretrial
`disclosures and disputes on motions in limine.
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`Final Pretrial Conference. Held in person unless otherwise
`requested.
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`Jury Selection/Trial.
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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.
`5
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