Exhibit A

Case 6:20-cv-00339-ADA Document 28-1 Filed 07/31/20 Page 1 of 4
UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

PAYPAL, INC. 

Plaintiff and Counterclaim 

Defendant, 

v. 

RETAILMENOT, INC., 

Defendant and Counterclaim 

Plaintiff. 

Civil Action No.: 6:20-cv-339-ADA 

JURY TRIAL DEMANDED 

JOINTLY PROPOSED SCHEDULING ORDER 

The Court ORDERS that the following schedule will govern deadlines in this case PayPal, 

Inc. v. RetailMeNot, Inc. (6:20-cv-00339-ADA): 

Deadline Item

07/31/2020 Deadline for Motions to Transfer 

09/04/2020 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.

09/11/2020 Plaintiff / Counterclaim 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 Plaintiff 

contends are indefinite or lack written description under section 

112, and (3) an identification of any claims the Plaintiff contends 

are directed to ineligible subject matter under section 101. 

Case 6:20-cv-00339-ADA Document 28-1 Filed 07/31/20 Page 2 of 4
Plaintiff 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. 

09/25/2020 Parties exchange claim terms for construction 

10/02/2020 Parties exchange proposed claim constructions 

10/09/2020 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. 

10/16/2020 Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions 

10/23/2020 Parties file Opening claim construction briefs, including any 

arguments that any claim terms are indefinite. 

11/13/2020 Parties file Responsive claim construction briefs. 

12/01/2020 Parties file Reply claim construction briefs. 

12/07/2020 Parties submit Joint Claim Construction Statement. In addition to 

filing, the parties shall jointly submit, via USB drive, cloudstorage, 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. 

12/16/2020 Markman Hearing at 9:00 a.m. 

12/17/2020 Fact Discovery opens; deadline to serve Initial Disclosures per 

Rule 26(a). 

01/27/2021 Deadline to add parties 

02/10/2021 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. 

03/10/2021 Deadline to amend pleadings. A motion is not required unless the 

amendment adds patents or claims. 

06/18/2021 Deadline for 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 

Case 6:20-cv-00339-ADA Document 28-1 Filed 07/31/20 Page 3 of 4
ordered to contact the Court's Law Clerk to resolve the disputed 

issues. 

07/14/2021 Close of Fact Discovery 

07/21/2021 Opening Expert Reports 

08/18/2021 Rebuttal Expert Reports 

09/08/2021 Close of Expert Discovery 

09/15/2021 Deadline for second of two meet and confers 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 result of the meet and confer. 

10/06/2021 Dispositive motion deadline and Daubert motion deadline. 

10/20/2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, 

witness lists, discovery and deposition designations) 

11/03/2021 Serve objections to pretrial disclosures/rebuttal disclosures 

11/17/2021 Serve objections to rebuttal disclosures and File Motions in 

limine

11/23/2021 File Joint Pretrial Order and Pretrial Submissions (jury 

instructions, exhibits lists, witness lists, discovery and deposition 

designations); file oppositions to motions in limine 

12/01/2021 Deadline to meet and confer regarding remaining objections and 

disputes on motions in limine. 

12/08/2021 File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motions in limine.

To be set by Court 

(or as soon as practicable) 

Final Pretrial Conference. The Court expects to set this date at 

the conclusion of the Markman Hearing. 

2/14/2022 

(or as soon as 

practicable)1

Jury Selection/Trial. The Court expects to set this date at the 

conclusion of the Markman Hearing. 

ORDERED this ______ day of _____________, 2020. 

____________________________________ 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

1

 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-00339-ADA Document 28-1 Filed 07/31/20 Page 4 of 4