1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

JENS H.S. NYGAARD, § 

§ 

Plaintiff, § Case No. 6:20-cv-00234-ADA 

v. § 

§ JURY TRIAL DEMANDED 

FÉDÉRATION INTERNATIONALE DE § 

L’AUTOMOBILE, FORMULA ONE § 

MANAGEMENT LTD., FORMULA ONE § 

WORLD CHAMPIONSHIP LTD., § 

MERCEDES-BENZ GRAND PRIX LTD., § 

DAIMLER AG, LEWIS HAMILTON, RED § 

BULL TECHNOLOGY LTD., RED BULL § 

RACING LTD., FERRARI S.P.A., § 

CHARLES LECLERC, and DALLARA § 

AUTOMOBILI S.P.A., § 

§ 

Defendants. § 

JOINT NOTICE OF AGREED AMENDED SCHEDULING ORDER 

Pursuant to this Court’s Standing Order Regarding Joint or Unopposed Request to Change 

Deadlines entered on August 11, 2021, Plaintiff Jens H.S. Nygaard and Defendants Fédération 

Internationale de l’Automobile, Formula One Management Limited, Formula One World 

Championship Limited, Red Bull Technology Ltd., and Red Bull Racing Ltd. (hereafter referred 

to as “the Parties”) hereby notify the Court that the Parties have agreed to amend the current 

Agreed Amended Scheduling Order (ECF No. 239), which was entered by the Court on September 

6, 2021. The requested changes do not change the date for any hearing, any final submission to 

the Court related to a hearing, or the trial. 

Case 6:20-cv-00234-ADA Document 258 Filed 12/02/21 Page 1 of 9
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Deadline New 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 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 

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 258 Filed 12/02/21 Page 2 of 9
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Deadline New Deadline Item 

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) 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. 

Case 6:20-cv-00234-ADA Document 258 Filed 12/02/21 Page 3 of 9
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Deadline New Deadline Item 

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.

Case 6:20-cv-00234-ADA Document 258 Filed 12/02/21 Page 4 of 9
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Deadline New 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 10, 2021 Deadline for Defendants to move and/or answer 

Plaintiff’s Third Amended Complaint 

October 29, 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. 

November 23, 2021 Close of Fact Discovery.4

4

 Depositions originally agreed to during the discovery period may be completed after the 

discovery period.

Case 6:20-cv-00234-ADA Document 258 Filed 12/02/21 Page 5 of 9
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Deadline New Deadline Item 

December 2, 2021 Deadline to serve Supplemental Invalidity 

Contentions. After this date, leave of Court is 

required for any amendment to Invalidity 

contentions. This deadline does not relieve the 

Defendants of their obligation to seasonably amend 

if new information is identified after initial 

contentions. 

December 8, 2021 December 10, 2021 Opening Expert Reports.5

January 14, 2022 January 18, 2022 Rebuttal Expert Reports. 

January 28, 2022 Close of Expert Discovery 

January 21, 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. 

February 4, 2022 Dispositive motion deadline and Daubert motion 

deadline. 

February 9, 2022 Serve Pretrial Disclosures (jury instructions, 

exhibits lists, witness lists, discovery and 

deposition designations). 

February 15, 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. 

5

 For the avoidance of doubt, draft expert reports are exempt from discovery and include any notes, 

drafts, or other materials created by or for an expert other than evidence or recitation of facts for 

use in the expert’s report or on which the expert relies in forming her opinion, pursuant to FRCP 

26(b)(4). 

Case 6:20-cv-00234-ADA Document 258 Filed 12/02/21 Page 6 of 9
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Deadline New Deadline Item 

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. 

March 18, 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] 

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)6 [March 

31, 2022 jury 

selection/April 4, 

2022 trial] 

52 weeks after 

Markman hearing 

(or as soon as 

practicable) [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 

AGREED: 

/s/ Danielle J. Healey 

Danielle J. Healey 

Attorney in Charge 

Texas Bar No. 09327980 

healey@fr.com

Brian Strand 

Texas Bar No. 24081166 

strand@fr.com

FISH & RICHARDSON P.C. 

1221 McKinney Street, Suite 2800 

Houston, Texas 77010 

Telephone: (713) 654-5300 

Facsimile: (713) 652-0109

/s/ Claudia Wilson Frost 

Claudia Wilson Frost 

State Bar No. 21671300 

Jeffrey L. Johnson 

State Bar No. 24029638 

Ryan C. Wooten 

State Bar No. 24075308 

ORRICK, HERRINGTON & SUTCLIFFE LLP 

609 Main, 40th Floor 

Houston, TX 77002 

Telephone: 713.658.6400 

Facsimile: 713.658.6401 

cfrost@orrick.com

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 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-00234-ADA Document 258 Filed 12/02/21 Page 7 of 9
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Tommy Jacks 

Texas Bar No. 10452000 

jacks@fr.com

FISH & RICHARDSON P.C. 

111 Congress Avenue, Suite 810 

Austin, Texas 78701 

Telephone: (512) 472-5070 

Facsimile: (512) 320-8935 

Ahmed J. Davis (admitted pro hac vice) 

Washington D.C. Bar No. 472321 

adavis@fr.com

FISH & RICHARDSON P.C. 

1000 Maine Ave SW 

Washington, D.C. 20024 

Telephone: (202) 783-5070 

Facsimile: (202) 783-2331 

COUNSEL FOR PLAINTIFF JENS H.S. 

NYGAARD

jj@orrick.com

rwooten@orrick.com

Travis Jensen 

CA Bar No. 259925 

ORRICK, HERRINGTON & SUTCLIFFE LLP 

1000 Marsh Rd. 

Menlo Park, CA 94025 

Telephone: 650.614.7400 

Facsimile: 650.614.7401 

tjensen@orrick.com

ATTORNEYS FOR DEFENDANT 

FÉDÉRATION INTERNATIONALE DE 

L’AUTOMOBILE

/s/ Douglas M. Kubehl 

Douglas M. Kubehl 

State Bar Number 00796909 

doug.kubehl@bakerbotts.com

Harrison Rich (admitted pro hac vice) 

State Bar Number 24083730 

harrison.rich@bakerbotts.com

BAKER BOTTS L.L.P. 

2001 Ross Avenue, Suite 900 

Dallas, TX 75201 

Telephone: (214) 953-6816 

Facsimile: (214) 661-4816 

ATTORNEYS FOR DEFENDANTS 

FORMULA ONE MANAGEMENT 

LIMITED AND FORMULA ONE WORLD 

CHAMPIONSHIP LIMITED 

/s/ Edgar H. Haug 

Deron R. Dacus 

State Bar No. 00790553 

THE DACUS FIRM, P.C. 

821 ESE Loop 323, Suite 430 

Tyler, TX 75701 

Phone: (903) 705-1117 

Fax: (903) 581-2543 

ddacus@dacusfirm.com

Case 6:20-cv-00234-ADA Document 258 Filed 12/02/21 Page 8 of 9
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Edgar H. Haug (admitted pro hac vice) 

Mark A. Chapman (admitted pro hac vice) 

Roman Khasidov (admitted pro hac vice) 

HAUG PARTNERS LLP 

745 Fifth Avenue, 10th Floor 

New York, New York 10151 

Telephone: (212) 588-0800 

Facsimile: (212) 588-0500 

ATTORNEYS FOR RED BULL RACING 

LTD. AND RED BULL TECHNOLOGY 

LTD. 

CERTIFICATE OF SERVICE 

The undersigned certifies that a true and correct copy of the above document was served 

on all counsel of record through the Court’s CM/ECF system on December 2, 2021. 

/s/ Jeffrey L. Johnson 

Jeffrey L. Johnson 

Case 6:20-cv-00234-ADA Document 258 Filed 12/02/21 Page 9 of 9