UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

Voxer, Inc. and Voxer IP LLC 

Plaintiffs, 

v. 

Facebook, Inc. and Instagram LLC 

Defendants. 

Civil Action No. 6:20-cv-00011-ADA 

Jury Trial Demanded 

AGREED SCHEDULING ORDER 

Pursuant to Rule 16 of the Federal Rules of Civil Procedure and the Court's March 2, 

2020 Order Governing Proceedings – Patent Case (Dkt. No. 31), the Court ORDERS that the 

following schedule will govern deadlines in this matter: 

Deadline Item 

April 20, 2020 Plaintiff serves preliminary infringement 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. 

June 16, 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 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 prior two years, unless the parties agree to some other 

timeframe. 

Case 1:20-cv-00655-ADA Document 49 Filed 04/10/20 Page 1 of 4
2 

Deadline Item 

June 29, 2020 Parties exchange claim terms for construction. 

July 13, 2020 Parties exchange proposed claim constructions. 

July 20, 2020 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 also provide a summary 

of the witness's expected testimony including the opinions to be 

expressed and a general description of the basis and reasons therefore. 

A failure to summarize the potential expert testimony in a good faith, 

informative fashion may result in the exclusion of the proffered 

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. 

July 27, 2020 Deadline to meet and confer to narrow terms in dispute and exchange 

revised list of terms/constructions. 

August 3, 2020 Parties file Opening claim construction briefs, including any arguments 

that any claim terms are indefinite. 

August 24, 2020 Parties file Responsive claim construction briefs. 

September 8, 2020 Parties file Reply claim construction briefs. 

September 14, 2020 Parties submit Joint Claim Construction Statement. In addition to 

filing, the parties shall jointly submit, via USB drive, cloud-storage, or 

email to the law clerk pdf versions of all as-filed briefing and exhibits. 

Absent agreement of the parties, the Plaintiff shall be responsible for the 

timely submission of this and other Joint filings. 

October 9, 2020 

9:00 am 

Markman Hearing. 

October 16, 2020 Fact Discovery opens; deadline to serve Initial Disclosures per Rule 

26(a). 

November 20, 2020 Deadline to Add Parties. 

December 4, 2020 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. 

Case 1:20-cv-00655-ADA Document 49 Filed 04/10/20 Page 2 of 4
3 

Deadline Item 

January 4, 2021 Deadline to amend pleadings. A motion is not required unless the 

amendment adds patents or claims. 

May 7, 2021 Close of Fact Discovery. 

May 14, 2021 Opening Expert Reports. 

June 11, 2021 Rebuttal Expert Reports. 

July 2, 2021 Close of Expert Discovery. 

July 9, 2021 Deadline to meet and confer to discuss narrowing the number of claims 

asserted and prior art references at issue. 

July 16, 2021 Deadline to file a Joint Report re the meet and confer to discuss 

narrowing the number of claims asserted and prior art references at 

issue. 

July 16, 2021 Dispositive motion deadline and Daubert motion deadline. 

July 30, 2021 Serve Pretrial Disclosures (jury instructions, exhibits lists, witness lists, 

discovery and deposition designations). 

August 13, 2021 Serve objections to pretrial disclosures/rebuttal disclosures. 

August 20, 2021 Serve objections to rebuttal disclosures and file motions in limine. 

August 27, 2021 File Joint Pretrial Order and Pretrial Submissions (jury instructions, 

exhibits lists, witness lists, discovery and deposition designations); file 

oppositions to motions in limine. 

September 3, 2021 Deadline to meet and confer regarding remaining objections and 

disputes on motions in limine. 

3 business days 

before Final Pretrial 

Conference 

File joint notice identifying remaining objections to pretrial disclosures 

and disputes on motions in limine. 

September 17, 2021, 

or as soon as 

practicable 

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

conclusion of the Markman Hearing. 

October 8, 2021, or as 

soon as practicable 

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

of the Markman Hearing. 

Case 1:20-cv-00655-ADA Document 49 Filed 04/10/20 Page 3 of 4
4 

ORDERED this day of , 2020. 

 ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

Case 1:20-cv-00655-ADA Document 49 Filed 04/10/20 Page 4 of 4