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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

Daedalus Blue LLC 

Plaintiff,

v.

SZ DJI Technology Co., Ltd., &

DJI Europe B.V.

Defendants.

Civil Action No. 6:20-cv-00073

The Honorable Alan D. Albright 

JOINT PROPOSED SCHEDULING ORDER

Deadline Item

July 10, 2020 Deadline for Motions to Transfer

August 28, 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.

September 11, 2020 Parties exchange claim terms for construction.

September 25, 2020 Parties exchange proposed claim constructions.

October 2, 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 

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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. 

October 9, 2020 Deadline to meet and confer to narrow terms in dispute 

and exchange revised list of terms/constructions. 

October 23, 2020 Parties file Opening claim construction briefs up to 30 

pages in length , including any arguments that any claim 

terms are indefinite.

November 13, 2020 Parties file Responsive claim construction briefs up to 30 

pages in length.

December 2, 2020 Parties file Reply claim construction briefs up to 15 pages 

in length.

December 7, 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.

January 4, 2021 Parties submit to the Court tutorial presentations; the 

Court to decide if it would prefer the tutorial 

presentation to be live 

January 7, 2021 at 9 a.m. Markman Hearing 

SIGNED this day of , 2020. 

Alan D Albright 

United States District Judge 

Case 6:20-cv-00073-ADA-DTG Document 28 Filed 07/11/20 Page 2 of 2