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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

INFOGATION CORPORATION,

Plaintiff,

v.

GOOGLE LLC,

Defendant.

Civil Action No. 6:20-cv-0366-ADA

JURY TRIAL DEMANDED

AMENDED [PROPOSED] SCHEDULING ORDER

BASED ON OGP VERSION 3.2

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 these matters:

Deadline Item

Friday, August 21, 2020 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.

Friday, September 11, 

2020

Deadline for Motions to Transfer

Wednesday, November 18, 

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 

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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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.

Wednesday, December 2, 

2021

Parties exchange claim terms for construction.

Wednesday, December 16,

2020

Parties exchange proposed claim constructions.

Wednesday, December 23, 

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 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.

Wednesday, December 30, 

2020

Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions.

Wednesday, January 13, 

2021

Plaintiff files Opening claim construction brief, including any 

arguments that any claim terms are indefinite.

Wednesday, February 3, 

2021

Defendant files Responsive claim construction brief.

Wednesday, February 17, 

2021

Plaintiff files Reply claim construction brief.

Wednesday, March 3, 2021 Defendant files a Sur-Reply claim construction brief.

Friday, March 5, 2021 Parties submit Joint Claim Construction Statement.

For Markman briefs, each party shall deliver to Chambers one 

(1) paper copy of its Opening, Response, Reply, and Sur-Reply

briefs, omitting attachments, at least a week before the hearing. 

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

upon by the other party.

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Each party shall also provide an electronic copy of the briefs and 

exhibits via cloud storage3or USB drive. For Markman briefs, 

the parties should also include a (1) paper copy of all patents-insuit and the Joint Claim Construction Statement. To the extent 

the Court appoints a technical adviser, each party shall deliver 

the same to the technical adviser.

Friday, March 12, 2021 Markman Hearing at 9:00 a.m. CST/CDT

SIGNED this day of _________________________, 20____.

_______________________________________

ALAN D. ALBRIGHT

UNITED STATES DISTRICT JUDGE

3 The parties should contact the law clerk to request a Box link so that the party can directly upload 

the files to the Court’s Box account. The filenames for any exhibits should be a description of 

the exhibit, e.g., “U.S. Patent No. 10,000,000” or “Prosecution history for 10,000,000 (January 

20, 2020, Office Action).”

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