1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

NETLIST, INC.

Plaintiff,

vs.

SK HYNIX INC. and 

SK HYNIX AMERICA INC.

Defendants.

Civil Action No. 6:20-cv-00194-ADA

Civil Action No. 6:20-cv-00525-ADA

JURY TRIAL DEMANDED

JOINT SUBMISSION OF PROPOSED SCHEDULING ORDER

Pursuant to the Court’s Order of February 2, 2021 (6:20-cv-00194-ADA, ECF Doc. No.

87), Plaintiff Netlist, Inc. and Defendants SK hynix Inc. and SK hynix America Inc., through their 

respective counsel, jointly submit the joint schedule proposal governing the consolidated matters, 

attached as Exhibit A. 

Netlist notes that it is still in the process of verifying dates with certain of its testifying 

experts, but agrees to the proposed scheduling order.

SK hynix respectfully objects to the Court’s February 2 Order’s resetting of case dates, 

including the new date for SK hynix’s responsive claim construction brief, removing SK hynix’s 

right to file a surreply claim construction brief, the new date for the Markman hearing, and the 

new date for trial, and reserves all rights and bases for objecting thereto. SK hynix, however, 

understands the Order to require the parties to submit new dates for all deadlines not set or 

effectively removed by the Order by today and thus has worked with Netlist and hereby joins 

Netlist in submitting this proposed scheduling order, while preserving all objections. SK hynix’s 

joinder in this motion providing this proposed schedule is not and should not be taken as indicating 

Case 6:20-cv-00194-ADA Document 88 Filed 02/05/21 Page 1 of 6
2

SK hynix’s agreement with this proposed schedule, and SK hynix respectfully reserves the right 

to seek modifications thereof. In addition, SK hynix is still investigating its witnesses’, including 

expert witnesses’, and counsels’ availability, both in the general sense and in terms of the on-going 

pandemic and any special considerations that raises, for the new trial date and respectfully reserves 

the right to seek modification of the trial dates on that basis as well. 

For the convenience of the Court, a chart of the existing dates compared to the new, 

proposed dates in Exhibit A, is set forth below:

Item Old Date/Deadline New Date/Deadline

525 - Defendants file Responsive claim 

construction brief. 

February 10, 2021 February 8, 2021

525 - Plaintiff files Reply claim construction 

brief. 

February 24, 2021 February 23, 2021

525 - Defendants file Surreply claim 

construction brief.

March 10, 2021 N/A

Parties submit Joint Claim Construction 

Statement. In addition to filing, the parties shall 

jointly submit, via USB drive, Dropbox (not 

another 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. 

March 12, 2021 February 24, 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.

March 12, 2021 N/A

Markman Hearing at 1:30 p.m. March 19. 2021 March 1, 2021

Deadline to add parties. April 9, 2021 March 12, 2021

Case 6:20-cv-00194-ADA Document 88 Filed 02/05/21 Page 2 of 6
3

Item Old Date/Deadline New Date/Deadline

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. 

April 16, 2021 March 19. 2021

Deadline to amend pleadings. A motion is not 

required unless the amendment adds patents or 

patent claims. 

June 11, 2021 March 26, 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.

June 25, 2021 March 31, 2021

Close of Fact Discovery. July 23, 2021 April 2, 2021

Opening Expert Reports. July 30, 2021 April 9, 2021

Rebuttal Expert Reports. August 27, 2021 April 30, 2021

Close of Expert Discovery. September 24. 2021 May 14, 2021

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.

September 29, 2021 May 19, 2021

Case 6:20-cv-00194-ADA Document 88 Filed 02/05/21 Page 3 of 6
4

Item Old Date/Deadline New Date/Deadline

Dispositive motion deadline and Daubert 

motion deadline. 

See General Issues Note #8 regarding providing 

copies of the briefing to the Court and the 

technical adviser (if appointed).

October 1, 2021 May 21, 2021

Serve Pretrial Disclosures (jury instructions, 

exhibits lists, witness lists, discovery and 

deposition designations). 

October 15, 2021 May 28, 2021

Serve objections to pretrial disclosures/rebuttal 

disclosures. 

October 29, 2021 June 4, 2021

Serve objections to rebuttal disclosures and File 

Motions in limine. 

November 5, 2021 June 11, 2021

File Joint Pretrial Order and Pretrial 

Submissions (jury instructions, exhibits lists, 

witness lists, discovery and deposition 

designations); file oppositions to motions in 

limine 

November 12, 2021 June 18, 2021

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 e-mail the

Court Reporter, Kristie Davis at 

kmdaviscsr@yahoo.com

Deadline to meet and confer regarding 

remaining objections and disputes on motions in 

limine. 

November 19, 2021 June 18, 2021

File joint notice identifying remaining 

objections to pretrial disclosures and disputes on 

motions in limine. 

November 22, 2021 June 22, 2021

Final Pretrial Conference. November 29, 2021 June 29, 2021

Jury Selection/Trial. December 6, 2021 July 6, 2021

Case 6:20-cv-00194-ADA Document 88 Filed 02/05/21 Page 4 of 6
5

Dated: February 5, 2021

By: /s/ Michael D. Hatcher

Michael D. Hatcher (pro hac vice)

Texas Bar No. 24027067

SIDLEY AUSTIN LLP

2021 McKinney Avenue, Suite 2000

Dallas, TX 75201

Telephone: (214) 981-3300

Facsimile: (214) 981-3400

mhatcher@sidley.com

Barry K. Shelton

Texas State Bar No. 24055029

SHELTON COBURN LLP

311 RR 620, Suite 205

Austin, TX 78734-4775

Telephone: (512) 263-2165

Facsimile: (512) 263-2166

bshelton@sheltoncoburn.com

David C. Giardina

Illinois Bar No. 6225008 (pro hac vice)

SIDLEY AUSTIN LLP

One South Dearborn

Chicago, IL 60603

Telephone: (312) 853-7000

Facsimile: (312) 853-7036

dgiardina@sidley.com

Brian R. Nester

DC Bar No. 460225 (pro hac vice)

Joseph A. Micallef

DC Bar No. 443679 (pro hac vice)

SIDLEY AUSTIN LLP

1501 K Street, N.W.

Washington, D.C. 20005

Telephone: (202) 736-8000

Facsimile: (202) 736-8711

bnester@sidley.com

jmicallef@sidley.com

Counsel for Defendants

SK hynix Inc. and SK hynix America Inc.

/s/ Andrew H. DeVoogd

Andrew H. DeVoogd 

 (Admitted to practice in WDTX)

 Massachusetts BBO No. 670203

 E-mail: AHDeVoogd@mintz.com

MINTZ LEVIN COHN FERRIS GLOVSKY AND 

 POPEO P.C.

One Financial Center

Boston, MA 02111

Tel: 617-542-6000

Fax: 617-542-2241

J. Stephen Ravel

 Texas State Bar No. 16584975

 Email: steve.ravel@kellyhart.com

KELLY HART & HALLMAN LLP

303 Colorado, Suite 2000

Austin, Texas 78701

Tel: (512) 495-6429

Attorneys for Plaintiff Netlist Inc.

Case 6:20-cv-00194-ADA Document 88 Filed 02/05/21 Page 5 of 6
6

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing document 

has been served on February 5, 2021 to all counsel of record who are deemed to have consented 

to electronic service via the Court’s CM/ECF system. 

/s/ Andrew H. DeVoogd

Andrew H. DeVoogd

Case 6:20-cv-00194-ADA Document 88 Filed 02/05/21 Page 6 of 6