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EXHIBIT B

DEFENDANT’S PROPOSED SCHEDULE

Case 6:20-cv-00454-ADA Document 30-2 Filed 10/02/20 Page 1 of 10
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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS LLC,

Plaintiff,

v.

MICROSOFT CORPORATION,

Defendant.

CIVIL ACTION 6:20-cv-00454-ADA

CIVIL ACTION 6:20-cv-00455-ADA

CIVIL ACTION 6:20-cv-00456-ADA

CIVIL ACTION 6:20-cv-00457-ADA

CIVIL ACTION 6:20-cv-00458-ADA

CIVIL ACTION 6:20-cv-00459-ADA

CIVIL ACTION 6:20-cv-00460-ADA

CIVIL ACTION 6:20-cv-00461-ADA

CIVIL ACTION 6:20-cv-00462-ADA

CIVIL ACTION 6:20-cv-00463-ADA

CIVIL ACTION 6:20-cv-00464-ADA

CIVIL ACTION 6:20-cv-00465-ADA

Jury Trial Requested

SCHEDULING ORDER

The Parties are in agreement that the following pre-trial groupings for the 12 cases filed 

by Plaintiff WSOU Investments LLC (“Plaintiff”) against Defendant Microsoft Corporation 

(“Microsoft”) will aid in the organization, efficiency and ultimate resolution of these cases and 

propose that they be adopted for pre-trial case management purposes as appropriate:

Group 1 (cases filed against Xbox and Xbox Live)

6-20-cv-00455

6-20-cv-00457

Group 2 (cases filed against Hololens)

6-20-cv-00459

6-20-cv-00463

Group 3 (cases filed against Skype Consumer and Business) 

6-20-cv-00456

6-20-cv-00458

6-20-cv-00460

6-20-cv-00462

6-20-cv-00464

Group 4 (cases filed against Azure Networking)

Case 6:20-cv-00454-ADA Document 30-2 Filed 10/02/20 Page 2 of 10
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6-20-cv-00454

6-20-cv-00465

Group 5 (case filed against Windows Server)

6-20-cv-00461

Under the proposed schedules below, the 12 cases will proceed in parallel through the 

Markman hearing and thereafter lead to a succession of spaced trial dates. Individual case 

schedules will be provided for each of the 12 cases if the Court desires.

Deadline Item

9/18/20 Initial Case Management Conference.

10/2/20 Deadline for Motions to Transfer

11/6/20 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) 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.

11/20/20 Parties exchange claim terms for construction in each bucket 

of cases.

12/4/20 Parties exchange proposed claim constructions.

12/11/20 Parties disclose extrinsic evidence. The parties shall disclose

any extrinsic evidence, including the identity of any expert

witness they may rely upon in their opening brief with respect

to claim construction or indefiniteness. With respect to any

expert identified, the parties shall identify the scope of the

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topics for the witness’s expected 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.

12/18/20 Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions.

1/8/21 Parties file Opening claim construction briefs, including any 

arguments that any claim terms are indefinite. Parties will 

work together to identify opportunities to consolidate briefing 

across patents within each bucket of cases, and seek approval 

on any agreed briefing consolidation.

1/22/21 The parties shall disclose the identity of any rebuttal expert 

witness they may rely upon in their response brief 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.

1/29/21 Parties file Responsive claim construction briefs.

2/12/21 Parties file Reply claim construction briefs.

2/19/21 Parties submit Joint Claim Construction Statement for each 

bucket of cases. See General Issues Note #8 regarding 

providing copies of the briefing to the Court and the technical 

adviser (if appointed).

2/25/21 Parties submit optional technical tutorials to the Court and 

technical adviser (if appointed).

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3/4/21 and 3/5/21 Markman Hearing at 9:00 a.m. or 1:30 p.m.

Court to hear Markman arguments on Groups 1 and 2 the 

morning of 3/4/21, Groups 4 and 5 the afternoon of 3/4/21, 

and Group 3 on 3/5/21.

3/8/21 Fact Discovery opens; deadline to serve Initial Disclosures per 

Rule 26(a).

4/16/21 Deadline to add parties.

Groups 1, 2: 4/9/21 Deadline to serve Final Infringement and Invalidity 

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

1 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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Groups 3, 4, 5: 4/30/21 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.

Groups 1, 2: 5/7/21

Group 3, 4, 5: 5/28/21

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.)

Group 2: 5/28/21

Group 1: 6/30/21

Group 3: 9/3/21

Groups 4, 5: 11/5/21

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.

Group 2: 6/25/21

Group 1: 7/30/21

Group 3 (‘550, ‘727, 

‘868): 10/1/21

Group 3 (‘519, ‘758): 

10/29/21

Group 5: 12/3/21

Group 4 (‘160): 1/7/22

Group 4 (‘902): 2/4/22

Close of Fact Discovery.

Group 2: 7/2/21

Group 1: 8/6/21

Group 3 (‘550, ‘727, 

‘868): 10/8/21

Group 3 (‘519, ‘758): 

11/5/21

Group 5: 12/10/21

Group 4 (‘160): 1/14/22

Opening Expert Reports.

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Group 4 (‘902): 2/11/22

Group 2: 7/30/21

Group 1: 9/3/21

Group 3 (‘550, ‘727, 

‘868): 11/5/21

Group 3 (‘519, ‘758): 

12/3/21

Group 5: 1/7/22

Group 4 (‘160): 2/11/22

Group 4 (‘902): 3/11/22

Rebuttal Expert Reports.

Group 2: 8/20/21

Group 1: 9/24/21

Group 3 (‘550, ‘727 

‘868): 11/24/21

Group 3 (‘519, ‘758):

12/22/21

Group 5: 1/26/22

Group 4 (‘160): 3/2/22

Group 4 (‘902): 3/30/22

Close of Expert Discovery.

Group 2: 8/27/21

Group 1: 10/1/21

Group 3 (‘550, ‘727, 

‘868): 12/3/21

Group 3 (‘519, ‘758):

12/31/21

Group 5: 2/4/22

Group 4 (‘160): 3/11/22

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.

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Group 4 (‘902): 4/8/22

Group 2: 9/3/21

Group 1: 10/8/21

Group 3 (‘550, ‘727, 

‘868): 12/10/21

Group 3 (‘519, ‘758):

1/7/22

Group 5: 2/11/22

Group 4 (‘160): 3/18/22

Group 4 (‘902): 4/15/22

Dispositive motion deadline and Daubert motion deadline.

See General Issues Notes #8 regarding providing copies of the 

briefing to the Court and the technical adviser (if appointed).

Group 2: 9/17/21

Group 1: 10/22/21

Group 3 (‘550, ‘727, 

‘868): 12/24/21

Group 3 (‘519, ‘758): 

1/21/22

Group 5: 2/25/22

Group 4 (‘160): 4/1/22

Group 4 (‘902): 4/29/22

Serve Pretrial Disclosures (jury instructions, exhibit lists, 

witness lists, discovery and deposition designations).

Group 2: 10/1/21

Group 1: 11/5/21

Group 3 (‘550, ‘727, 

‘868): 1/7/22

Group 3 (‘519, ‘758):

2/4/22

Group 5: 3/11/22

Group 4 (‘160): 4/15/22

Serve objections to pretrial disclosures/rebuttal disclosures.

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Group 4 (‘902): 5/13/22

Group 2: 10/8/21

Group 1 (‘988): 11/12/21

Group 1 (‘978): 11/24/21

Group 3 (‘550, ‘727, 

‘868): 1/14/22

Group 3 (‘519, ‘758):

2/11/22

Group 5: 3/18/22

Group 4 (‘160): 4/22/22

Group 4 (‘902): 5/20/22

Serve objections to rebuttal disclosures and File Motions in 

limine.

Group 2: 10/15/21

Group 1 (‘988): 11/19/21

Group 1 (‘978): 12/3/21

Group 3 (‘550, ‘727, 

‘868): 1/21/22

Group 3 (‘519, ‘758): 

2/18/22

Group 5: 3/25/22

Group 4 (‘160): 4/29/22

Group 4 (‘902): 5/27/22

File Joint Pretrial Order and Pretrial Submissions (jury 

instructions, exhibits lists, witness lists, discovery and 

deposition designations); file oppositions to motions in limine.

Group 2: 10/26/21

Group 1 (‘988): 11/30/21

Group 1 (’978): 12/14/21

Group 3 (‘550, ‘727, 

‘868): 1/28/22

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.

Case 6:20-cv-00454-ADA Document 30-2 Filed 10/02/20 Page 8 of 10
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Group 3 (‘519, ‘758): 

2/25/22

Group 5: 4/1/22

Group 4 (‘160): 5/6/22

Group 4 (‘902): 6/3/22

TBD (3 business days 

before Final Pretrial 

Conference)

File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motions in limine.

TBD Final Pretrial Conference. The Court expects to set this date at 

the conclusion of the Markman Hearing.

TBD 

Group 2: est. 12/6/21, 

according to Court’s 

schedule

Group 1 (‘988): est. 

1/10/22, according to 

Court’s schedule

Group 1 (‘978): est. 

1/24/22, according to 

Court’s schedule

Group 3 (‘550, ‘727, 

‘868): est. 2/28/22

Group 3 (‘519, ‘758): est. 

3/28/22, according to 

Court’s schedule

Group 5: est. 5/2/22, 

according to Court’s 

schedule

Group 4 (‘160): est. 

6/6/22, according to 

Court’s schedule

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

conclusion of the Markman Hearing.

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Group 4 (‘902): 7/5/22, 

according to Court’s 

schedule

SIGNED this ___________ day of _________________, 2020.

______________________________

Alan D Albright 

United States District Judge 

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