Scheduling Order Page | 1

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

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 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.

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.

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Date Item

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. 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) 

Parties file Opening claim construction briefs, including any 

arguments that any claim terms are indefinite.

March 26, 2021

(16 weeks after the CMC)

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.

April 9, 2021

(17 weeks after the CMC)

Parties file Responsive claim construction briefs.

April 28, 2021

(19 weeks after the CMC)

Parties file Reply claim construction briefs.

May 5, 2021

(20 weeks after CMC)

Parties submit Joint Claim Construction Statement and provide 

copies of briefs to the Court.

See General Issues Note #8 regarding providing copies of the

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

May 10, 2021

(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. 

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.

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Date Item

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). 

March 25, 2022

(44 weeks after Markman)

Serve objections to pretrial disclosures/rebuttal disclosures.

April 1, 2022

(45 weeks after Markman)

Serve objections to rebuttal disclosures and file motions in 

limine.

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Date Item

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)

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

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