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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. 

DELL TECHNOLOGIES INC., DELL INC., 

EMC CORPORATION, AND VMWARE, 

INC.,

Defendants.

Case No. 6:20-cv-00473-ADA

Case No. 6:20-cv-00474-ADA

Case No. 6:20-cv-00475-ADA

Case No. 6:20-cv-00476-ADA

Case No. 6:20-cv-00477-ADA

Case No. 6:20-cv-00478-ADA

Case No. 6:20-cv-00479-ADA

Case No. 6:20-cv-00480-ADA

Case No. 6:20-cv-00481-ADA

Case No. 6:20-cv-00482-ADA

Case No. 6:20-cv-00485-ADA

Case No. 6:20-cv-00486-ADA

JURY TRIAL DEMANDED

SCHEDULING ORDER

Date Item

October 21, 2020 Case Management Conference

November 4, 2020 Deadline for Motions to Transfer

December 9, 2020 Defendant serves preliminary1 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

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 claims requires leave of court so that the Court can address any 

scheduling issues.

Case 6:20-cv-00476-ADA Document 50 Filed 11/17/20 Page 1 of 4
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Date Item

product(s) for the two years preceding the filing of the 

Complaint, unless the parties agree to some other timeframe.

January 6, 2021 Parties exchange claim terms for construction.

January 20, 2021 Parties exchange proposed claim constructions.

January 27, 2021 Parties disclose extrinsic evidence. 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. 

February 3, 2021 Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions.

February 17, 2021 Plaintiff files Opening claim construction brief, including any 

arguments that any claim terms are indefinite.

March 17, 2021 Defendant files Responsive claim construction brief. 

March 31, 2021 Plaintiff files Reply claim construction brief.

April 14, 2021 Defendant files Sur-Reply claim construction brief.

April 19, 2021 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) 

April 21, 2021 Parties submit option technical tutorials to the Court and 

technical advisor (if appointed). 

April 29-30, 2021 Markman hearing at 9:00 a.m. 

May 3, 2021 Fact Discovery opens; deadline to serve Initial Disclosures per 

Rule 26(a).

2

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-00476-ADA Document 50 Filed 11/17/20 Page 2 of 4
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Date Item

June 11, 2021 Deadline to add parties.

June 25, 2021 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.

August 20, 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 29, 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. 

December 10, 2021 Close of Fact Discovery.

December 22, 2021 Opening Expert Reports.

January 26, 2022 Rebuttal Expert Reports.

February 18, 2022 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 Serve objections to pretrial disclosures/rebuttal disclosures.

Case 6:20-cv-00476-ADA Document 50 Filed 11/17/20 Page 3 of 4
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Date Item

(44 weeks after Markman)

April 1, 2022

(45 weeks 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 19, 2022

(3 business days before 

Final Pretrial Conference)

File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motion in limine. 

April 22, 2022

(49 weeks after Markman) 

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

the conclusion of the Markman Hearing. 

May 2, 2022

(52 weeks after Markman) 

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

conclusion of the Markman Hearing. 

SIGNED this _____ day of ______________, 2020 

____________________________________ 

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

17th November

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