26331199 

26331199 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

ONSTREAM MEDIA CORPORATION, 

 Plaintiff, 

 v. 

FACEBOOK INC., 

 Defendant. 

Case No. 1:20-CV-00214-ADA 

Jury Trial Demanded 

 [PROPOSED] AGREED SCHEDULING ORDER 

On April 29, 2020, the Court conducted a conference in the above-encaptioned 

case. All parties appeared through counsel. As a result of that hearing, and pursuant to 

Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the following 

schedule will govern deadlines up to and including the trial of this matter: 

Deadline Item 

5/6/2020 Plaintiff serves preliminary 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. 

5/13/2020 Deadline for Motions to Transfer. 

Case 1:20-cv-00214-ADA Document 28 Filed 05/13/20 Page 1 of 4
SCHEDULING ORDER 2 

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7/15/2020 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 two 

years preceding the filing of the Complaint, unless 

the parties agree to some other timeframe. 

7/29/2020 Parties exchange claim terms for construction. 

8/12/2020 Parties exchange proposed claim constructions. 

8/19/2020 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. 

8/26/2020 Deadline to meet and confer to narrow terms in 

dispute and exchange revised list of 

terms/constructions. 

9/2/2020 Parties file Opening claim construction briefs, 

including any arguments that any claim terms are 

indefinite. 

Case 1:20-cv-00214-ADA Document 28 Filed 05/13/20 Page 2 of 4
SCHEDULING ORDER 3 

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9/23/2020 Parties file Responsive claim construction briefs.

10/7/2020 Parties file Reply claim construction briefs.

10/14/2020 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. 

11/13/2020 Markman Hearing at 9:00 a.m. 

11/20/2020 Fact Discovery opens; deadline to serve Initial 

Disclosures per Rule 26(a). 

12/23/2020 Deadline to add parties.

1/15/2021 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. 

2/5/2021 Deadline to amend pleadings. A motion is not 

required unless the amendment adds patents or 

claims. 

6/11/2021 Close of Fact Discovery.

6/18/2021 Opening Expert Reports.

7/14/2021 Rebuttal Expert Reports.

8/6/2021 Close of Expert Discovery.

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SCHEDULING ORDER 4 

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8/13/2021 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. 

8/20/2021 Dispositive motion deadline and Daubert motion 

deadline. 

9/3/2021 Serve Pretrial Disclosures (jury instructions, 

exhibits lists, witness lists, discovery and 

deposition designations). 

9/21/2021 Serve objections to pretrial disclosures/rebuttal 

disclosures. 

9/28/2021 Serve objections to rebuttal disclosures and File 

Motions in limine.

10/5/2021 File Joint Pretrial Order and Pretrial Submissions 

(jury instructions, exhibits lists, witness lists, 

discovery and deposition designations); file 

oppositions to motions in limine

10/12/2021 Deadline to meet and confer regarding remaining 

objections and disputes on motions in limine. 

3 business days before 

Final Pretrial Conference 

File joint notice identifying remaining objections 

to pretrial disclosures and disputes on motions in 

limine.

TBD Final Pretrial Conference. The Court expects to set the 

Pretrial Conference within 2-4 weeks of the trial date. 

TBD Jury Selection/Trial. The Court expects to set these 

dates at the conclusion of the Markman Hearing. 

Dated: __________________________ 

 ALAN D ALBRIGHT 

 UNITED STATES DISTRICT JUDGE 

Case 1:20-cv-00214-ADA Document 28 Filed 05/13/20 Page 4 of 4