UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

PASAFESHARE LLC.,

Plaintiff,

v.

MICROSOFT CORPORATION,

Defendant.

Case No. 6:20-cv-00397-ADA

JURY TRIAL DEMANDED

JOINT MOTION FOR ENTRY OF A SCHEDULING ORDER 

Plaintiff paSafeShare LLC (“paSafeShare”) and Defendant Microsoft Corporation 

(“Microsoft”) (collectively, the “Parties”) respectfully submit this Joint Motion for Entry of a 

Scheduling Order regarding deadlines that will govern up to and including the trial scheduled in this 

case for March 31, 2025 (Dkt. 179) in accordance with the Court’s rulings at the July 1, 2024, Pretrial 

Conference. The Parties are in agreement as to the deadlines set forth in the below table, but dispute 

the scope of one item. The Parties’ respective positions on such dispute is provided in the below table.

Case 6:20-cv-00397-ADA Document 184-1 Filed 11/01/24 Page 1 of 5
2 

Deadline Item

10/25/2024 paSafeShare serves Supplemental Expert Reports regarding damages.

11/22/2024 Microsoft serves Supplemental Rebuttal Expert Reports regarding 

damages.

12/6/2024 Close of Expert Discovery. The parties agree that each supplemental 

expert deposition shall be limited in scope to only the opinions newlypresented in the supplemental expert reports.1

 

1 The parties shall meet-and-confer on the appropriate length of time for expert depositions. If 

the parties cannot agree, the parties shall promptly raise the issue with the Court.

Case 6:20-cv-00397-ADA Document 184-1 Filed 11/01/24 Page 2 of 5
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1/6/2025 paSafeShare’s proposal:

Dispositive motion deadline and Daubert motion deadline. Any 

additional dispositive and Daubert motions shall be limited to 

damages-related aspects of the case set forth in (1) the supplemental 

expert reports and/or (2) supplemental expert deposition testimony.

See General Issues Note #9 regarding providing copies of the briefing 

to the Court and the technical advisor (if appointed). 

Microsoft’s proposal:

Dispositive motion deadline and Daubert motion deadline. Any 

additional dispositive and Daubert motions shall be limited to 

damages-related aspects of the case that were not previously raised in a 

dispositive and/or Daubert motion.

See General Issues Note #9 regarding providing copies of the briefing 

to the Court and the technical advisor (if appointed). 

Parties’ positions regarding their proposals:

paSafe: The parties already had the opportunity to brief dispositive 

motions. After the July 2024 pretrial hearing, the Court simply gave 

paSafeShare the opportunity to address damages in a supplemental 

expert report and Microsoft the opportunity to respond. Thus, any 

dispositive motions should be limited to the subject matter of the 

supplemental reports. Microsoft, however, now seeks to use this as an 

opportunity to bring dispositive motions related broadly to “damagesrelated aspects of the case” that it could have already brought. 

In addition, and totally separate and apart from any damages issues, 

Microsoft now seeks to use this as an opportunity to back-door a 

summary judgment motion related to willful infringement. But this 

issue is not related to any damages issue, much less to the supplemental 

reports relating to damages. Microsoft’s reliance on the Court recently 

denying its motion to dismiss willfulness is merely an excuse to file an 

untimely dispositive motion that it could have brought long ago.

Microsoft: Pursuant to the Court’s guidance at the July 1, 2024, pretrial 

conference, Microsoft does not seek to file any additional dispositive or 

Daubert motions on technical issues or issues that were raised in a 

prior dispositive or Daubert motion. See 7/1/24 PTC Tr. at 162. 

Microsoft should, however, be permitted to file additional motions in 

view of the Court’s rulings at the pretrial conference. For example, in 

Case 6:20-cv-00397-ADA Document 184-1 Filed 11/01/24 Page 3 of 5
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Deadline Item

view of the Court’s denial of Microsoft’s motion to dismiss willfulness 

as a matter of course, Microsoft should be permitted to file a 

dispositive motion regarding paSafeShare’s willfulness claim (for 

which paSafeShare seeks enhanced damages). See id. at 160–62; Dkt. 

69 (Amended Complaint) at 60 (requesting “enhanced damages in view 

of Microsoft’s willful infringement”). As another example, Microsoft 

may file a Daubert motion regarding irrelevant revenue numbers 

addressed in Mr. Blok’s original expert report to the extent Mr. Blok 

does not disavow such material in his supplemental report (even if such 

revenue is not specifically addressed in his supplemental report), which 

the Court invited at the last pretrial conference. Id. at 175–76 (“-- let 

me make it clear. If [these revenues are] something in their damages 

report and you think it shouldn’t be in there because it’s a Daubert and 

it’s not relevant, I will take it up substantively. ... Whatever numbers 

come in have to be relevant to the damages methodology.”).

1/10/2025 If applicable, serve amended Pretrial Disclosures (jury instructions, 

exhibits lists, witness lists, deposition designations). The parties agree 

that any amendments to pretrial disclosures shall be based on material 

relevant to opinions newly-presented in the supplemental expert 

reports. 

1/21/2025 File oppositions to dispositive motions and oppositions to Daubert 

motions. 

1/28/2025 Deadline to file replies to dispositive motions and Daubert motions. 

1/30/2025 Serve objections to pretrial disclosures/rebuttal disclosures.

2/3/2025 Parties to jointly email the Court’s law clerk (see OGP at 1) to confirm 

their pretrial conference and trial dates. 

2/7/2025 Serve objections to rebuttal disclosures. 

File motions in limine. The parties agree that any motions shall be 

limited to (1) damages-related aspects of the case set forth in the 

supplemental expert reports and (2) materials produced after the July 1, 

2024 Pretrial Conference. 

Case 6:20-cv-00397-ADA Document 184-1 Filed 11/01/24 Page 4 of 5
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Deadline Item

2/11/2025 File amended Joint Pretrial Order and amended Pretrial Submissions 

(jury instructions, exhibits lists, witness lists, deposition designations). 

2/14/2025 File oppositions to motions in limine. 

2/19/2025 Deadline to file replies to motions in limine. 

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 email the Court Reporter, Kristie Davis at 

kmdaviscsr@yahoo.com 

2/20/2025 Deadline to meet and confer regarding remaining objections and 

disputes on motions in limine. 

2/21/2025 File joint notice identifying remaining objections to pretrial disclosures 

and disputes on motions in limine. 

2/24/2025, 

2/25/2025, or 

2/27/2025, at the 

Court’s 

convenience2

Final Pretrial Conference. Held in person unless otherwise requested.

Week of 3/24/2025, 

at the Court’s 

convenience 

Jury Selection. 

3/31/2025 Trial.

Dated: ________, 2024 

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE 

2 Lead counsel for Microsoft is unavailable on 2/26/2025 due to an in-person Markman Hearing 

before Judge Gilliland and on 2/28/2025 due to an unmovable professional obligation in Phoenix. 

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