IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

JENS H.S. NYGAARD 

Plaintiff, 

v. 

FEDERATION INTERNATIONALE DE 

L’AUTOMOBILE, FORMULA ONE 

MANAGEMENT LTD., MERCEDESBENZ GRAND PRIX LTD., RED BULL 

TECHNOLOGY LTD., RED BULL 

RACING LTD., FERRARI S.P.A., 

DALLARA AUTOMOBILI S.P.A., 

DAIMLER AG, LEWIS HAMILTON, 

CHARLES LECLERC, AND FORMULA 

ONE WORLD CHAMPIONSHIP LTD. 

Defendants.

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CASE NO. 6:20-cv-00234-ADA 

AGREED AMENDED SCHEDULING ORDER

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 

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 170 Filed 01/05/21 Page 1 of 5
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Deadline Item 

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, 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 

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) 

Case 6:20-cv-00234-ADA Document 170 Filed 01/05/21 Page 2 of 5
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Deadline Item 

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. 

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. 

2

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

upon by the other party. 

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.

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Deadline Item 

March 29, 2021 Fact Discovery opens; deadline to serve Initial Disclosures per 

Rule 26(a). 

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 24, 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. 

October 22, 2021 Close of Fact Discovery. 

October 29, 2021 Opening Expert Reports. 

December 1, 2021 Rebuttal Expert Reports. 

December 23, 2021 Close of Expert Discovery 

January 7, 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. 

January 14, 2022 Dispositive motion deadline and Daubert motion deadline. 

January 28, 2022 Serve Pretrial Disclosures (jury instructions, exhibits lists, 

witness lists, discovery and deposition designations). 

Case 6:20-cv-00234-ADA Document 170 Filed 01/05/21 Page 4 of 5
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Deadline Item 

February 11, 2022 Serve objections to pretrial disclosures/rebuttal disclosures. 

February 18, 2022 Serve objections to rebuttal disclosures and File Motions in 

limine. 

February 25, 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 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. 

3 business days before 

Final Pretrial Conference. 

[March 15, 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] 

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)4

[March 31, 2022 jury 

selection/April 4, 2022 trial]

Jury Selection/Trial. The Court expects to set these dates at the 

conclusion of the Markman Hearing 

SIGNED this ____ day of ______________________ 2021. 

ALAN D. ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

4

 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.

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