1 

UNITED STATES DISTRICT COURT 

 WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

PASAFESHARE LLC,

 Plaintiff, 

 v. 

MICROSOFT CORPORATION, 

 Defendant. 

Civil Action No. 6:20-cv-00397-ADA 

JURY TRIAL DEMANDED 

JOINT MOTION TO LIFT STAY AND ENTER SCHEDULING ORDER 

On July 7, 2022, the parties filed a joint motion to stay the case pending ex parte 

reexamination of the patents-in-suit, specifically, U.S. patent nos. 9,455,961; 9,615,116; 

and 10,095,848. Dkt. No. 52. The reexamination proceedings have concluded. The PTO 

issued reexamination certificates confirming the validity of each of the patents without 

amendment. 

Accordingly, in view of the conclusion of the reexamination proceedings, Plaintiff 

paSafeShare LLC and Defendant Microsoft Corporation jointly move to lift the stay of 

the case and re-enter the schedule up to and including the trial of this matter as follows: 

Proposed Deadline Event 

12/21/2022 Fact Discovery re-opens. 

1/13/2023 Responses to previously-served discovery requests and 

begin rolling responsive document production. Microsoft 

makes previously-requested code available for inspection. 

3/3/2022 Deadline to add parties. 

Case 6:20-cv-00397-ADA Document 59 Filed 01/04/23 Page 1 of 5
2 

3/09/2023 Deadline to serve Final Infringement Contentions. After 

this date, leave of Court is required for any amendment to 

Infringement. This deadline does not relieve the Parties of 

their obligation to seasonably amend if new information 

is identified after final contentions. 

6/08/2023 Deadline to serve Final Invalidity Contentions. After this 

date, leave of Court is required for any amendment to 

Invalidity contentions. This deadline does not relieve the 

Parties of their obligation to seasonably amend if new 

information is identified after initial contentions. 

6/22/2023 Deadline to amend pleadings. A motion is not required 

unless the amendment adds patents or patent claims. 

(Note: This includes amendments in response to a 12(c) 

motion.) 

6/29/2023 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. 

8/04/2023 Close of Fact Discovery. 

9/12/2023 Opening Expert Reports. 

10/12/2023 Rebuttal Expert Reports. 

11/3/2023 Close of Expert Discovery.

11/9/2023 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. If 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. 

Case 6:20-cv-00397-ADA Document 59 Filed 01/04/23 Page 2 of 5
3 

11/21/2023 Dispositive motion deadline and Daubert motion 

deadline. 

See General Issues Note #7 regarding providing copies of 

the briefing to the Court and the technical adviser (if 

appointed). 

12/07/2023 Serve Pretrial Disclosures (jury instructions, exhibits lists, 

witness lists, discovery and deposition designations).

12/21/2023 Serve objections to pretrial disclosures/rebuttal 

disclosures. 

1/11/2024 Parties to jointly email the Court’s law clerk (See OGP at 

1) to confirm their pretrial conference and trial dates. 

1/11/2024 Serve objections to rebuttal disclosures and File Motions 

in limine. 1/25/2024 File Joint Pretrial Order and Pretrial Submissions (jury 

instructions, exhibits lists, witness lists, discovery and 

deposition designations); file oppositions to motions in 

limine. 2/8/2024 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. 2/15/2024 File joint notice identifying remaining objections to 

pretrial disclosures and disputes on motions in limine. 3/8/2024 Final Pretrial Conference. Held in person unless 

otherwise requested. 

3/18/2024[11] Jury Selection/Trial. The Court expects to set these dates 

at the conclusion of the Markman Hearing. 

Case 6:20-cv-00397-ADA Document 59 Filed 01/04/23 Page 3 of 5
4 

[11] If the actual trial date materially differs from the

Court’s default schedule, the Court will consider

reasonable amendments to the case schedule postMarkman that are consistent with the Court’s default

deadlines in light of the actual trial date.

Dated: January 4, 2023 Respectfully submitted, 

/s/ Sarah E. Fowler /s/ Raymond W. Mort, III

Barry K. Shelton 

WINSTON & STRAWN LLP 

2121 N. Pearl Street – Suite 900 

Dallas, TX 75201 

Tel: (214) 453-6500 

Fax: (214) 453-6400 

Sarah E. Fowler 

(admitted CA 264838) 

PERKINS COIE LLP 

3150 Porter Drive 

Palo Alto, CA 94304 

Tel: (650) 838-4300 

sfowler@perkinscoie.com

 Sarah E. Piepmeier 

(admitted CA 227094) 

PERKINS COIE LLP 

505 Howard Street, Suite 1000 

San Francisco, CA 94105-3204 

Tel: (415) 344-7000 

Fax: (415) 344-7050 

spiepmeier@perkinscoie.com

Antoine M. McNamara (pro hac vice) 

PERKINS COIE LLP 

1201 Third Avenue, Suite 4900 

Seattle, WA 98101-3099 

Tel: (206) 359-8000 

Raymond W. Mort, III 

Texas State Bar No. 00791308 

raymort@austinlaw.com

THE MORT LAW FIRM, PLLC 

501 Congress Avenue, Suite 150 

Austin, Texas 78701 

Tel/Fax: 512-865-7950 

Of counsel: 

Ronald M. Daignault (pro hac vice)* 

Chandran B. Iyer (pro hac vice) 

Jason S. Charkow (pro hac vice)* 

Stephanie R. Mandir (pro hac vice) 

Zachary H. Ellis 

(Texas State Bar No. 24122606)* 

DAIGNAULT IYER LLP 

8618 Westwood Center Drive – Suite 150 

Vienna, VA 22182 

rdaignault@daignaultiyer.com 

cbiyer@daignaultiyer.com 

jcharkow@daignaultiyer.com 

smandir@daignaultiyer.com 

zellis@daignaultiyer.com 

*Not admitted in Virginia

Attorneys for Plaintiff paSafeShare LLC 

Case 6:20-cv-00397-ADA Document 59 Filed 01/04/23 Page 4 of 5
5 

Fax: (206) 359-9000 

amcnamara@perkinscoie.com 

Attorneys for Defendant Microsoft Corporation 

Case 6:20-cv-00397-ADA Document 59 Filed 01/04/23 Page 5 of 5