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EcoFactor Schedules

Item Proposed date

Submit to Court agreed upon scheduling order 7-13-2020 

Deadline for Motions to Transfer 7-13-2020

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, (2) 

technical documents, including software where applicable, sufficient to 

show the operation of the accused product(s), and (3) summary, annual 

sales information for the accused product(s) for the prior two years, 

unless the parties agree to some other timeframe.

8-17-2020

Parties exchange claim terms for construction. 9-1-2020

Parties exchange proposed claim constructions. 9-15-2020 

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 also provide a 

summary of the witness’s expected testimony including the opinions to 

be expressed and a general description of the basis and reasons 

therefore. A failure to summarize the potential expert testimony in a 

good faith, informative fashion may result in the exclusion of the 

proffered testimony. 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.

9-22-2020

Deadline to meet and confer to narrow terms in dispute and exchange 

revised list of terms-constructions.

9-29-2020

Parties file Opening claim construction briefs, including any arguments 

that any claim terms are indefinite.

10-6-2020

Parties file Responsive claim construction briefs. 10-27-2020

Parties file Reply claim construction briefs. 11-10-2020

Parties submit Joint Claim Construction Statement. In addition to 

filing, the parties shall jointly submit, via USB drive, cloud-storage, 

or email to the law clerk pdf versions of all as-filed briefing and 

exhibits. Absent agreement of the parties, the Plaintiff shall be 

responsible for the timely submission of this and other Joint filings.

11-17-2020

Technology Tutorial DUE 12-2-2020

Court will provide preliminary claim constructions (ideally by 5 PM 

CST)

12-8-2020 

Markman 12-9-2020

Case 6:20-cv-00075-ADA Document 33 Filed 07/16/20 Page 1 of 2
Item Proposed date

1:30 P.M. (SET)

Fact Discovery opens; deadline to serve Initial Disclosures per Rule 

26(a).

12-16-2020

Deadline to add parties. 1-20-2021

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.

2-3-2021

Deadline to amend pleadings. A motion is not required unless the 

amendment adds patents or claims.

3-3-2021

Close of Fact Discovery. 7-7-2021

Opening Expert Reports. 7-14-2021

Rebuttal Expert Reports. 8-11-2021

Close of Expert Discovery. 9-1-2021

Deadline to meet and confer to discuss narrowing the number of claims 

asserted and prior art references at issue. The parties shall file a Joint 

Report within 5 business days regarding the results of the meet and 

confer.

9-8-2021

Dispositive motion deadline and Daubert motion deadline. 9-15-2021

Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, 

discovery and deposition designations).

9-29-2021

Serve objections to pretrial disclosures-rebuttal disclosures. 10-13-2021

Serve objections to rebuttal disclosures and File Motions in limine. 10-20-2021

File Joint Pretrial Order and Pretrial Submissions (jury instructions, 

exhibits lists, witness lists, discovery and deposition designations); 

file oppositions to motions in limine

10-27-2021

Deadline to meet and confer regarding remaining objections and 

disputes on motions in limine.

11-3-2021

File joint notice identifying remaining objections to pretrial disclosures 

and disputes on motions in limine.

11-12-2021

Final Pretrial Conference. The Court expects to set this date at the 

conclusion of the Markman Hearing.

11-17-2021

Jury Selection-Trial. The Court expects to set this date at the conclusion 

of the Markman Hearing.

12-6-2021

Case 6:20-cv-00075-ADA Document 33 Filed 07/16/20 Page 2 of 2