IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

NEONODE SMARTPHONE LLC,

Plaintiff, 

v. 

SAMSUNG ELECTRONICS CO. LTD. 

and SAMSUNG ELECTRONICS 

AMERICA, INC., 

Defendants. 

Civil Action No. 6:20-cv-00507-ADA

JURY TRIAL DEMANDED 

[PROPOSED] AGREED SCHEDULING ORDER 

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 this matter: 

Deadline Item

October 16, 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. 

November 6, 2020 Deadline for Motions to Transfer. 

December 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 of any limitations the Defendant contends are 

 

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. 

Case 6:20-cv-00507-ADA Document 33 Filed 11/11/20 Page 1 of 6
Deadline Item

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. 

January 8, 2021 Parties exchange claim terms for construction. 

January 18, 2021 Parties exchange proposed claim constructions. 

January 20, 2021 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. 

January 22, 2021 Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions. 

January 29, 2021 Plaintiff files Opening claim construction brief, including any 

arguments that any claim terms are indefinite. 

February 19, 2021 Defendant files Responsive claim construction brief. 

 March 5, 2021 Plaintiff files Reply claim construction brief. 

March 19, 2021 Defendant files a Sur-Reply claim construction brief. 

March 24, 2021 Parties submit Joint Claim Construction Statement. See 

General Issues Note #8 regarding providing copies of the 

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

April 1, 2021 Parties submit optional technical tutorials to the Court and 

technical adviser (if appointed).3

April 8, 2021 Markman Hearing at 9:00 a.m. 

April 9, 2021 Fact Discovery opens; deadline to serve Initial Disclosures per 

 

2

 Any party may utilize a rebuttal expert in response to a brief where expert testimony is relied upon by the other party. 

3

 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. 

Case 6:20-cv-00507-ADA Document 33 Filed 11/11/20 Page 2 of 6
Deadline Item

Rule 26(a). 

May 21, 2021 Deadline to add parties. 

June 4, 2021 Deadline to serve Final Infringement and Invalidity 

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

July 2, 2021 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.) 

October 8, 2021 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. 

November 5, 2021 Close of Fact Discovery. 

November 12, 2021 Opening Expert Reports. 

December 10, 2021 Rebuttal Expert Reports. 

January 4, 2022 Close of Expert Discovery. 

January 7, 2022 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. 

January 14, 2022 Dispositive motion deadline and Daubert motion deadline. 

See General Issues Note #8 regarding providing copies of the 

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

January 28, 2022 Serve Pretrial Disclosures (jury instructions, exhibits lists, 

witness lists, discovery and deposition designations). 

February 11, 2022 Serve objections to pretrial disclosures/rebuttal disclosures. 

February 18, 2022 Serve objections to rebuttal disclosures and File Motions in 

limine.

February 25, 2022 File Joint Pretrial Order and Pretrial Submissions (jury 

instructions, exhibits lists, witness lists, discovery and 

Case 6:20-cv-00507-ADA Document 33 Filed 11/11/20 Page 3 of 6
Deadline Item

deposition designations); file oppositions to motions in limine

March 4, 2022 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. 

March 15, 2022 File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motions in limine.

March 18, 2022 Final Pretrial Conference. The Court expects to set this date 

at the conclusion of the Markman Hearing. 

April 11, 20224 Jury Selection/Trial. The Court expects to set these dates at 

the conclusion of the Markman Hearing. 

SIGNED this ____________ day of ____________________. 2020. 

 

 ___________________________ 

 ALAN D. ALBRIGHT 

 UNITED STATES DISTRICT JUDGE 

AGREED: 

Dated: November 11, 2020 

By: /s/ Philip J. Graves 

Philip J. Graves (CA State Bar No. 153441) 

HAGENS BERMAN SOBOL SHAPIRO 

LLP 

301 North Lake Avenue, Suite 920 

Pasadena, CA 91101 

Telephone: (213) 330-7147 

By: /s/ John Guaragna 

John Michael Guaragna 

DLA Piper LLP 

401 Congress Suite 2500 

Austin, TX 78701 

(512) 457-7125 

Fax: 512/457-7001 

John.Guaragna@dlapiper.com 

 

4

 If the actual trial date materially differs from the Court’s default schedule, the Court will consider reasonable 

amendments to the case schedule post-Markman that are consistent with the Court’s default deadlines in light of the 

actual trial date 

Case 6:20-cv-00507-ADA Document 33 Filed 11/11/20 Page 4 of 6
Facsimile: (213) 330-7152 

Email: philipg@hbsslaw.com

Greer N. Shaw (CA State Bar No. 197960) 

HAGENS BERMAN SOBOL SHAPIRO 

LLP 

301 North Lake Avenue, Suite 920 

Pasadena, CA 91101 

Telephone: (213) 330-7150 

Facsimile: (213) 330-7152 

Email: greers@hbsslaw.com 

Craig D. Cherry 

State Bar No. 24012419 

ccherry@haleyolson.com 

Justin W. Allen 

State Bar No. 24081977 

jallen@haleyolson.com 

HALEY & OLSON, P.C. 

100 N. Ritchie Road, Suite 200 

Waco, Texas 76712 

913 Franklin Ave., Suite 201 

Waco, Texas 76701 

Telephone: (254) 776-3336 

Facsimile: (254) 776-6823 

Counsel for Plaintiff Neonode Smartphone 

LLC

Benjamin Mueller 

DLA Piper LLP 

444 West Lake Street, Suite 900 

Chicago, IL 60606 

(312) 368-4000 

Fax: (312) 236-7516 

Benjamin.Mueller@dlapiper.com

Mark D. Fowler 

Erik R. Fuehrer 

DLA Piper LLP 

2000 University Avenue 

East Palo Alto, CA 94303-2214 

(650) 833-2000 

Fax: (650) 833-2001 

Mark.Fowler@dlapiper.com 

Erik.Fuehrer@dlapiper.com 

Susan Acquista 

Tiffany C. Miller 

DLA Piper LLP 

401 B Street, Suite 1700 

San Diego , CA 92101 

(619) 699-2700 

Fax: (619) 699-2701 

Susan.Acquista@dlapiper.com 

tiffany.miller@dlapiper.com 

Counsel for Defendants 

Samsung Electronics Co. Ltd. and 

Samsung Electronics America, Inc.

 

 

Case 6:20-cv-00507-ADA Document 33 Filed 11/11/20 Page 5 of 6
CERTIFICATE OF SERVICE 

 I hereby certify that on the 11th day of November 2020, I electronically filed the 

foregoing with the Clerk of Court using the CM/ECF system which will send notification of such 

filing to the following: 

 /s/ Philip Graves 

 Philip Graves 

John Michael Guaragna 

DLA Piper LLP 

401 Congress Suite 2500 

Austin, TX 78701 

(512) 457-7125 

Fax: 512/457-7001 

John.Guaragna@dlapiper.com 

Benjamin Mueller 

DLA Piper LLP 

444 West Lake Street, Suite 900 

Chicago, IL 60606 

(312) 368-4000 

Fax: (312) 236-7516 

Benjamin.Mueller@dlapiper.com 

Mark D. Fowler 

Erik R. Fuehrer 

DLA Piper LLP 

2000 University Avenue 

East Palo Alto, CA 94303-2214 

(650) 833-2000 

Fax: (650) 833-2001 

Mark.Fowler@dlapiper.com 

Erik.Fuehrer@dlapiper.com 

Susan Acquista 

Tiffany C. Miller 

DLA Piper LLP 

401 B Street, Suite 1700 

San Diego , CA 92101 

(619) 699-2700 

Fax: (619) 699-2701 

Susan.Acquista@dlapiper.com 

tiffany.miller@dlapiper.com 

Attorneys for Defendants 

Samsung Electronics Co. Ltd. and 

Samsung Electronics America, Inc. 

Case 6:20-cv-00507-ADA Document 33 Filed 11/11/20 Page 6 of 6