1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

JENS H.S. NYGAARD, § 

 § 

 Plaintiff, § Case No. 6:20-cv-00234-ADA 

v. § 

 § JURY TRIAL DEMANDED 

FÉDÉRATION INTERNATIONALE DE § 

L’AUTOMOBILE, FORMULA ONE § 

MANAGEMENT LTD., FORMULA ONE § 

WORLD CHAMPIONSHIP LTD., § 

MERCEDES-BENZ GRAND PRIX LTD., § 

DAIMLER AG, LEWIS HAMILTON, RED § 

BULL TECHNOLOGY LTD., RED BULL § 

RACING LTD., FERRARI S.P.A., § 

CHARLES LECLERC, and DALLARA § 

AUTOMOBILI S.P.A., § 

 § 

 Defendants. § 

JOINT MOTION FOR ENTRY OF SCHEDULING ORDER 

Pursuant to this Court’s Standing Order Regarding Joint or Unopposed Request to Change 

Deadlines entered on March 7, 2022, Plaintiff Jens H.S. Nygaard and Defendants Fédération 

Internationale de l’Automobile, Formula One Management Limited, Formula One World 

Championship Limited, Red Bull Technology Ltd., and Red Bull Racing Ltd. (hereafter referred 

to as “the Parties”) hereby notify the Court that the Parties have agreed to amend the current 

Agreed Amended Scheduling Order (ECF No. 258), which was entered by the Court on December 

2, 2021. The requested changes do not change the date for any hearing, any final submission to 

the Court related to a hearing, or the trial. 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 1 of 13
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Deadline New Deadline Item 

September 11, 2020 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 for 

each claimed invention, and (2) a copy 

of the file history for each patent in 

suit. 

September 15, 2020 Lead counsel for each party shall meet 

and confer (either in person or by 

telephone) to discuss whether they 

believe the Court’s default Scheduling 

Order and default Discovery Limits are 

appropriate for this case, and any issues 

relating to the management of this case 

they intend to raise at the CMC. 

September 18, 2020 

at 3:00 p.m. 

 Telephonic Rule 16 Case Management 

Conference. Participants shall dial into 

the following number 5 minutes before 

the scheduled time: 866.434.5269; 

access code 967-8080. Lead counsel 

for each party, and all unrepresented 

parties, shall be present. Client 

representatives are welcome to attend, 

but such attendance is not required. In 

person attendance is permitted, but not 

required. Anyone planning to attend in 

person should so inform the Court by 

contacting chambers not later than two 

court days before the scheduled hearing 

so the Court can evaluate whether to 

hold the conference in the courtroom, 

                                                            

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. 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 2 of 13
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Deadline New Deadline Item 

or in chambers. The Court expects the 

parties to be prepared to discuss: 

a. An overview of the claims and 

defenses, including any unique 

issues the parties believe should 

be addressed at this stage of the 

case; 

b. Issues involving the case 

schedule and potential 

amendments to the Court’s 

default scheduling order, 

including the date for the 

Markman Hearing; 

c. Issues relating to claim 

construction, including whether 

a live tutorial would be of 

benefit to the Court; 

d. Issues relating to discovery, 

including potential amendments 

to the Court’s default discovery 

limits or Protective Order; and 

e. Any other issues the parties 

believe would lead to the just, 

speedy and inexpensive 

determination of this action. 

October 2, 2020 The Parties shall submit an agreed 

Scheduling Order. If the parties cannot 

agree, the parties shall submit a 

separate Joint Motion for entry of each 

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. 

October 13, 2020 Defendants respond to Plaintiff’s 

Second Amended Complaint 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 3 of 13
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Deadline New Deadline Item 

November 13, 2020 Defendants serve 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 two years 

preceding the filing of the Complaint, 

unless the parties agree to some other 

timeframe. 

December 9, 2020 Parties exchange claim terms for 

construction. 

December 23, 2020 Parties exchange proposed claim 

constructions. 

January 8, 2021 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. 

                                                            

2

 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied 

upon by the other party. 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 4 of 13
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Deadline New Deadline Item 

January 15, 2021 Deadline to meet and confer to narrow 

terms in dispute and exchange revised 

list of terms/constructions. 

January 22, 2021 at 

5:00 p.m. 

 Plaintiff files Opening claim 

construction brief, including any 

arguments that any claim terms are not 

indefinite. 

February 12, 2021 

at 5:00 p.m. 

 Defendant files Responsive claim 

construction brief, including any 

arguments that any claim terms are 

indefinite. 

February 26, 2021 

at 5:00 p.m. 

 Plaintiff files Reply claim construction 

brief. 

March 12, 2021 at 

5:00 p.m. 

 Defendant files a Sur-Reply claim 

construction brief. 

March 17, 2021 Parties submit Joint Claim 

Construction Statement. 

See General Issues Note #8 regarding 

providing copies of the briefing to the 

Court and the technical adviser (if 

appointed). 

March 19, 2021 Parties submit optional technical 

tutorials. The parties shall also jointly 

submit, via USB drive, Box (not 

another cloud storage), or email to the 

law clerk, pdf versions of all as-filed 

briefing and exhibits.3

March 26, 2021 at 

9:30 a.m.

Markman Hearing at in District 

Courtroom #1, on the Third Floor of 

the United States Courthouse, 800 

Franklin Ave, Waco, TX. 

March 29, 2021 Fact Discovery opens; deadline to serve 

Initial Disclosures per Rule 26(a). 

                                                            

3

 The parties should contact the law clerk to request a Box link so that the party can directly upload 

the file to the Court’s Box account.

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 5 of 13
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Deadline New Deadline Item 

April 8, 2021 Deadline to file intra-district transfer 

motion. The Court also adopts the 

following page limits and briefing 

schedule for Motions to Transfer: 

Opening – 15 pages 

Response – 15 pages, due 14 days after 

the Opening Brief 

Reply – 5 pages, due 7 days after the 

Response Brief 

May 7, 2021 Deadline to add parties. 

May 21, 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. 

July 16, 2021 Deadline to amend pleadings. A motion 

is not required unless the amendment 

adds patents or patent claims. 

September 10, 2021 Deadline for Defendants to move 

and/or answer Plaintiff’s Third 

Amended Complaint. 

October 29, 2021 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. 

November 23, 2021 Close of Fact Discovery.4

                                                            

4

 Depositions originally agreed to during the discovery period may be completed after the 

discovery period.

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 6 of 13
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Deadline New Deadline Item 

 Deadline to serve Supplemental 

Invalidity Contentions. After this date, 

leave of Court is required for any 

amendment to Invalidity contentions. 

This deadline does not relieve the 

Defendants of their obligation to 

seasonably amend if new information is 

identified after initial contentions. 

December 8, 2021 December 14, 2021 Opening Liability Expert Reports.5

N/A December 24, 2021 Opening Damages Expert Reports. 

January 14, 2022 February 7, 2022 Rebuttal Liability Expert Reports. 

January 10, 2022 February 7, 2022 Plaintiff’s Response in Opposition to 

Defendants’ Partial Motion for 

Summary Judgment of NonInfringement on Claim 2. 

N/A February 11, 2022 Rebuttal Damages Expert Reports. 

January 21, 2022 February 18, 2022 Deadline for the second of two meet 

and confer 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. 

 February 21, 2022 Defendants’ Reply Brief in Support of 

MSJ on Claim 2. 

January 28, 2022 February 25, 2022 Close of Expert Discovery. 

February 4, 2022 April 22, 2022 Dispositive motion deadline and

Daubert motion deadline. 

 May 26, 2022 Daubert Responses Due. 

                                                            

5

 For the avoidance of doubt, draft expert reports are exempt from discovery and include any notes, 

drafts, or other materials created by or for an expert other than evidence or recitation of facts for 

use in the expert’s report or on which the expert relies in forming her opinion, pursuant to FRCP 

26(b)(4). 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 7 of 13
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Deadline New Deadline Item 

 June 3, 2022 Dispositive Motion Responses (MSJ) 

Due. 

 June 17, 2022 Daubert Replies Due. 

 July 1, 2022 Dispositive Motion (MSJs) Replies 

Due. 

February 9, 2022 July 22, 20226 Serve Pretrial Disclosures (jury 

instructions, exhibits lists, witness lists, 

discovery and deposition designations). 

February 15, 2022 August 5, 2022 Serve objections to pretrial 

disclosures/rebuttal disclosures. 

 August 12, 2022 Parties to jointly email the Court’s law 

clerk to confirm their Pre-Trial 

conference and trial dates.

February 18, 2022 August 19, 2022 Serve objections to rebuttal disclosures 

and File Motions in limine. 

February 25, 2022 August 26, 2022 File Joint Pretrial Order and Pretrial 

Submissions (jury instructions, exhibits 

lists, witness lists, discovery and 

deposition designations); file 

oppositions to motions in limine. 

March 4, 2022 September 2, 2022 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. 

                                                            

6

 This deadline and all the subsequent deadlines below apply only to plaintiff Nygaard and the 

FIA and F1 defendants with respect to the separate pre-trial conference and trial between 

Nygaard and the FIA and F1 defendants. This deadline and all the subsequent deadlines below 

do not apply to plaintiff Nygaard and the Red Bull defendants with respect to the separate pretrial conference and trial between Nygaard and the Red Bull defendants. As stated in the Court’s 

Order entering the Stipulation between Nygaard and the Red Bull defendants (Dkt. 299), 

Nygaard’s claims against the Red Bull defendants and the Red Bull defendants’ defenses to 

Nygaard’s claims have been severed for a separate pre-trial conference and trial, and Nygaard 

and the Red Bull defendants will agree upon a separate schedule for the exchange and 

submission of pre-trial disclosures, motions in limine, and their pre-trial order in advance of the 

separate pre-trial conference for the separate trial between Nygaard and the Red Bull defendants. 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 8 of 13
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Deadline New Deadline Item 

 September 2, 2022 Deadline to meet and confer regarding 

remaining objections and disputes on 

motions in limine.

March 18, 2022 September 7, 2022 File joint notice identifying remaining 

objections to pretrial disclosures and 

disputes on motions in limine. 

49 weeks after 

Markman hearing 

(or as soon as 

practicable) [March 

18, 2022] 

September 12, 2022, or as 

soon thereafter that the Court 

is available 

Final Pretrial Conference. The Court 

expects to set this date at the 

conclusion of the Markman Hearing. 

52 weeks after 

Markman hearing 

(or as soon as 

practicable)7

 [March 

31, 2022 jury 

selection/April 4, 

2022 trial] 

October 7, 2022 Jury Selection/Trial. 

* * * * * 

                                                            

7

 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.

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 9 of 13
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AGREED: 

/s/ Ahmed J. Davis 

Danielle J. Healey 

Attorney in Charge 

Texas Bar No. 09327980 

healey@fr.com 

Brian G. Strand 

Texas Bar No. 24081166 

strand@fr.com 

Bailey Benedict 

Texas Bar No. 24083139 

benedict@fr.com 

Jacqueline T. Moran (pro hac vice) 

Texas Bar No. 24121740 

jtmoran@fr.com 

FISH & RICHARDSON P.C. 

1221 McKinney Street, Suite 2800 

Houston, Texas 77010 

Telephone: (713) 654-5300 

Facsimile: (713) 652-0109 

Tommy Jacks 

Texas Bar No. 10452000 

jacks@fr.com

FISH & RICHARDSON P.C. 

111 Congress Avenue, Suite 810 

Austin, Texas 78701 

Telephone: (512) 472-5070 

Facsimile: (512) 320-8935 

Ahmed J. Davis (admitted pro hac vice) 

Washington D.C. Bar No. 472321 

adavis@fr.com

FISH & RICHARDSON P.C. 

1000 Maine Ave SW 

Washington, D.C. 20024 

Telephone: (202) 783-5070 

Facsimile: (202) 783-2331 

COUNSEL FOR PLAINTIFF JENS H.S. 

NYGAARD

/s/ Claudia Wilson Frost 

Claudia Wilson Frost 

State Bar No. 21671300 

Jeffrey L. Johnson 

State Bar No. 24029638 

Ryan C. Wooten 

State Bar No. 24075308 

ORRICK, HERRINGTON & SUTCLIFFE LLP 

609 Main, 40th Floor 

Houston, TX 77002 

Telephone: 713.658.6400 

Facsimile: 713.658.6401 

cfrost@orrick.com

jj@orrick.com

rwooten@orrick.com

Travis Jensen 

CA Bar No. 259925 

ORRICK, HERRINGTON & SUTCLIFFE LLP 

1000 Marsh Rd. 

Menlo Park, CA 94025 

Telephone: 650.614.7400 

Facsimile: 650.614.7401 

tjensen@orrick.com 

Jeffrey T. Quilici 

State Bar No. 24083696 

ORRICK, HERRINGTON &SUTCLIFFE LLP 

300 W. 6th Street, Suite 1850 

Austin, TX 78701 

Telephone: 512.582.6916 

Facsimile: 512.582.6949 

jquilici@orrick.com

ATTORNEYS FOR DEFENDANT 

FÉDÉRATION INTERNATIONALE DE 

L’AUTOMOBILE

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 10 of 13
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/s/ Douglas M. Kubehl 

Douglas M. Kubehl 

State Bar Number 00796909 

doug.kubehl@bakerbotts.com 

Harrison Rich (admitted pro hac vice) 

State Bar Number 24083730 

harrison.rich@bakerbotts.com 

Bethany R. Salpietra 

State Bar No. 24097699 

bethany.salpietra@bakerbotts.com 

BAKER BOTTS L.L.P. 

2001 Ross Avenue, Suite 900 

Dallas, TX 75201 

Telephone: (214) 953-6816 

Facsimile: (214) 661-4816 

Richard B. Harper (admitted pro hac vice) 

NY State Bar No. 4596615 

richard.harper@bakerbotts.com 

BAKER BOTTS L.L.P. 

2001 Ross Avenue, Suite 900 

Dallas, TX 75201 

Telephone: (214) 953-6816 

Facsimile: (214) 661-4816 

ATTORNEYS FOR DEFENDANTS 

FORMULA ONE MANAGEMENT 

LIMITED AND FORMULA ONE WORLD 

CHAMPIONSHIP LIMITED 

/s/ Edgar H. Haug 

Deron R. Dacus 

State Bar No. 00790553 

THE DACUS FIRM, P.C. 

821 ESE Loop 323, Suite 430 

Tyler, TX 75701 

Phone: (903) 705-1117 

Fax: (903) 581-2543 

ddacus@dacusfirm.com

Edgar H. Haug (admitted pro hac vice) 

Mark A. Chapman (admitted pro hac vice) 

Roman Khasidov (admitted pro hac vice) 

HAUG PARTNERS LLP 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 11 of 13
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745 Fifth Avenue, 10th Floor 

New York, New York 10151 

Telephone: (212) 588-0800 

Facsimile: (212) 588-0500 

ATTORNEYS FOR RED BULL RACING 

LTD. AND RED BULL TECHNOLOGY 

LTD. 

 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 12 of 13
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CERTIFICATE OF SERVICE 

The undersigned certifies that a true and correct copy of the above document was served 

on all counsel of record through the Court’s CM/ECF system on May 3, 2022. 

/s/ Ahmed J. Davis 

Ahmed J. Davis 

Case 6:20-cv-00234-ADA Document 352 Filed 05/03/22 Page 13 of 13