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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

WSOU INVESTMENTS, LLC D/B/A 

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v. 

ZTE CORPORAION, ZTE (USA) 

INC, AND ZTE (TX), INC.,

Defendants.

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CIVIL ACTION 6:20-cv-00487-ADA

CIVIL ACTION 6:20-cv-00488-ADA

CIVIL ACTION 6:20-cv-00489-ADA

CIVIL ACTION 6:20-cv-00490-ADA

CIVIL ACTION 6:20-cv-00491-ADA

CIVIL ACTION 6:20-cv-00492-ADA

CIVIL ACTION 6:20-cv-00493-ADA

CIVIL ACTION 6:20-cv-00494-ADA

CIVIL ACTION 6:20-cv-00495-ADA

CIVIL ACTION 6:20-cv-00496-ADA

CIVIL ACTION 6:20-cv-00497-ADA

FIRST AMENDED SCHEDULING ORDER

Date Item

November 10, 2020 Case Management Conference

November 24, 2020

(2 weeks after the CMC)

Deadline for Motions to Transfer

January 6, 2021

(7 weeks after the CMC)

Defendant serves preliminary invalidity contentions10 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.

10 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 

Case 6:20-cv-00496-ADA Document 43 Filed 12/03/20 Page 1 of 4
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Date Item

January 22, 2021

(9 weeks after the CMC)

Parties exchange claim terms for construction.

February 12, 2021

(11 weeks after the CMC)

Parties exchange proposed claim constructions.

February 19, 2021

(12 weeks after the CMC)

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 

topics for the witness’s expected testimony.11 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.

February 26, 2021

(13 weeks after the CMC)

Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions.

March 12, 2021

(14 weeks after the CMC)

Plaintiff files Opening claim construction brief, including any 

arguments that any claim terms are indefinite.

April 9, 2021

(17 weeks after the CMC)

Defendant file Responsive claim construction brief.

April 23, 2021

(19 weeks after the CMC)

Plaintiff files Reply claim construction brief.

May 7, 2021

(21 weeks after the 

CMC))

Defendant files a Sur-Reply claim construction brief.

May 12, 2021

(3 Business Day after 

submission of sur-reply)

Parties submit Joint Claim Construction Statement and 

provide copies of briefs to the Court.

See General Issues Note #8 regarding providing copies of the 

May 13, 2021 briefing to the Court and the technical adviser (if appointed)

(22 weeks after CMC, but 

at least one week before 

Markman)

Parties submit option technical tutorials to the Court and 

technical advisor (if appointed).

May 20-21, 2021 Markman hearing at 9:00 a.m.

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.

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

upon by the other party.

Case 6:20-cv-00496-ADA Document 43 Filed 12/03/20 Page 2 of 4
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Date Item

May 24, 2021

(1 business day after

Markman hearing)

Fact Discovery opens; deadline to serve Initial Disclosures per 

Rule 26(a).

July 2, 2021

(6 weeks after Markman)

Deadline to add parties.

July 16, 2021

(8 weeks after Markman)

Deadline to serve Final Infringement and Invalidity 

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

amendment to Infringement o Invalidity contentions. This 

deadline does not relieve the Parties of their obligation to 

seasonably amend if new information is identified after initial 

contentions.

September 16, 2021

(16 weeks after Markman)

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.)

November 19, 2021

(26 weeks after Markman)

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.

December 17, 2021

(30 weeks after Markman)

Close of Fact Discovery.

December 31, 2021

(31 weeks after Markman)

Opening Expert Reports.

January 21, 2022

(35 weeks after Markman)

Rebuttal Expert Reports.

February 11, 2022

(38 weeks after Markman)

Close of Expert Discovery.

February 18, 2022

(39 weeks after Markman)

Deadline for the second of two meet and confers 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.

February 25, 2022

(40 weeks after Markman)

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).

March 11, 2022

(42 weeks after Markman)

Serve Pretrial Disclosures (jury instructions, exhibit lists, 

witness lists, discovery and deposition designations).

Case 6:20-cv-00496-ADA Document 43 Filed 12/03/20 Page 3 of 4
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Date Item

March 25, 2022

(44 weeks after Markman)

Serve objections to pretrial disclosures/rebuttal disclosures.

April 1, 2022

(45 weks after Markman)

Serve objections to rebuttal disclosures and file motions 

in limine.

April 8, 2022

(46 weeks after Markman)

File Joint Pretrial Order and Pretrial Submissions (jury 

instructions, exhibit lists, witness lists, discovery and deposition 

designations); file oppositions to motions in limine.

April 15, 2022

(47 weeks after Markman)

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.

April 26, 2022

(3 business days before 

Final Pretrial Conference)

File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motion in limine.

April 29, 2022

(49 weeks after Markman)

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

the conclusion of the Markman Hearing.

June 20, 2022

(52 weeks after 

Markman)

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

conclusion of the Markman Hearing.

ORDERED this _____ day of ____________, 2020.

_________________________________ 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

12 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.

 3rd December

Case 6:20-cv-00496-ADA Document 43 Filed 12/03/20 Page 4 of 4