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UNITED STATES DISTRICT COURT

IN THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

KIRSCH RESEARCH AND 

DEVELOPMENT, LLC,

Plaintiff,

v.

IKO INDUSTRIES, INC.; 

IKO INDUSTRIES, LTD.,

Defendants.

C.A. No. 6:20-CV-317-ADA

JURY TRIAL DEMANDED

SCHEDULING ORDER

Pursuant to Rule 16, Federal Rules of Civil Procedure, the Court ORDERS that the

following schedule will govern deadlines up to and including the trial of this matter:

Deadline Item

DONE Plaintiff serves preliminary1infringement 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.

DONE Deadline for Motions to Transfer.

December 10, 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 

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.

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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.

December 18, 2020 Parties exchange claim terms for construction.

January 4, 2021 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 also 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 Plaintiff files Opening claim construction briefs, including any 

arguments that any claim terms are indefinite.

February 12, 2021 Defendant file Responsive claim construction briefs.

February 26, 2021 Plaintiff file Reply claim construction briefs.

March 12, 2021 Defendant files a Sur-Reply claim construction brief.

March 17, 2021 Parties submit Joint Claim Construction Statement. 

See General Issues Note #8 regarding copies of the briefing to 

the Court and technical adviser (if appointed).

March 26, 2021 Parties submit optional technical tutorials to the Court and 

technical adviser (if appointed).

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April 2, 2021 Markman Hearing, 1:30 p.m.

April 5, 2021 Fact Discovery opens; deadline to serve Initial Disclosures per 

Rule 26(a).

May 14, 2021 Deadline to add parties.

May 28, 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.

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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July 23, 2021 Deadline to amend pleadings. A motion is not required unless 

the amendment adds patents or claims. (Note: This includes 

amendments in response to a 12(c) motion.)

October 1, 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 29, 2021 Close of Fact Discovery.

November 5, 2021 Opening Expert Reports.

December 3, 2021 Rebuttal Expert Reports.

December 24, 2021 Close of Expert Discovery.

December 30, 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.

January 7, 2022 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).

January 21, 2022 Serve Pretrial Disclosures (jury instructions, exhibits lists, 

witness lists, discovery and deposition designations).

February 4, 2022 Serve objections to pretrial disclosures/rebuttal disclosures.

February 11, 2022 Serve objections to rebuttal disclosures and file Motions in 

limine.

February 18, 2022 File Joint Pretrial Order and Pretrial Submissions (jury 

instructions, exhibits lists, witness lists, discovery and 

deposition designations); file oppositions to motions in limine

February 25, 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.

File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motions in limine.

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Final Pretrial Conference. The Court expects to set the Final 

Pretrial Conference within 2-4 weeks of the trial date.

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

conclusion of the Markman Hearing.

SIGNED this __________ day of _________________________, 2020.

________________________________ 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

11th December

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