JOINT SCHEDULING ORDER

Default 

Deadline

Parties’

Proposed 

Deadline

Item

July 10, 2020 July 10, 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.

July 31, 2020 July 31, 2020 Deadline for Motions to Transfer

Sept. 4, 2020 Sept. 11, 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) 

1 The parties may amend preliminary infringement contentions and preliminary invalidity contentions without leave 

of the court so long as counsel certifies that it undertook reasonable efforts to prepare its preliminary contentions 

and the amendment is basedon 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.

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

NCS MULTISTAGE INC.

 Plaintiff,

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CIVIL ACTION NO. 6:20-cv-00277-ADA

vs. §

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NINE ENERGY SERVICE, INC.

 

 Defendant.

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summary, annual sales information for the accused 

product(s) for the prior two years, unless the parties agree

to some other timeframe.

Sept. 18, 2020 Sept. 25, 2020 Parties exchange claim terms for construction.

Oct. 2, 2020 Oct. 9, 2020 Parties exchange proposed claim constructions.

Oct. 9, 2020 Oct. 16, 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.

Oct. 16, 2020 Oct. 23, 2020 Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions.

Oct. 23, 2020 Oct. 30, 2020 Parties file Opening claim construction briefs, including 

any arguments that any claim terms are indefinite.

Parties to file by 5:00 p.m. CT

Nov. 13, 2020 Nov. 20, 2020 Parties file Responsive claim construction briefs.

Parties to file by 5:00 p.m. CT

Nov. 27, 2020 Dec. 11, 2020 Parties file Reply claim construction briefs.

Parties to file by 5:00 p.m. CT

Dec. 4, 2020 Dec. 18, 2020 Parties submit Joint Claim Construction Statement. In 

addition to filing, the parties shall jointly submit, via USB 

drive, 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.

Jan. 1, 2021 Jan. 14, 2021 Markman Hearing at 9:00 a.m.

Jan. 8, 2021 Jan. 21, 2021 Fact Discovery opens; deadline to serve Initial Disclosures 

per Rule 26(a).

Feb. 12, 2021 Feb. 25, 2021 Deadline to add parties.

Feb. 26, 2021 Mar. 11, 2021 Deadline to serve Final Infringement and Invalidity 

Contentions. After this date, leave of Court is required for 

Case 6:20-cv-00277-ADA Document 25 Filed 08/01/20 Page 2 of 3
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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.

Mar. 26, 2021 April 8, 2021 Deadline to amend pleadings. A motion is not required 

unless the amendment adds patents or claims.

July 30, 2021 June 10, 2021 Close of Fact Discovery.

Aug. 6, 2021 June 17, 2021 Opening Expert Reports.

Sept. 3, 2021 July 15, 2021 Rebuttal Expert Reports.

Sept. 24, 2021 July 29, 2021 Close of Expert Discovery.

Oct. 1, 2021 Aug. 5, 2021 Deadline to meet and confer to discuss narrowing the 

number of claims asserted and prior art references at issue. 

The parties shall file a Joint Report within 5 business days 

regarding the results of the meet and confer.

Oct. 8, 2021 Aug. 12, 2021 Dispositive motion deadline and Daubert motion deadline.

Oct. 22, 2021 Aug. 26, 2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, 

witness lists, discovery and deposition designations).

Nov. 5, 2021 Sept. 9, 2021 Serve objections to pretrial disclosures/rebuttal disclosures.

Nov. 12, 2021 Sept. 16, 2021 Serve objections to rebuttal disclosures and File Motions in 

limine.

Nov. 19, 2021 Sept. 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.

Nov. 26, 2021 Sept. 30, 2021 Deadline to meet and confer regarding remaining objections 

and disputes on motions in limine.

Dec. 7, 2021 Oct. 7, 2021 File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motions in limine.

Dec. 10, 2021 Oct. 11, 2021 Final Pretrial Conference. 

Dec. 31, 2021 Oct. 18, 2021 Jury Selection/Trial. 

This date was set by the clerk in email correspondence 

dated July 15, 2020. To the extent the parties want to 

change this date, it will be raised at the Markman hearing. 

SIGNED this _________ day of August, 2020 _____________________________

Judge Alan D Albright

United States District Judge

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