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Exhibit A

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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. 

HUAWEI TECHNOLOGIES CO., 

LTD. and HUAWEI 

TECHNOLOGIES USA INC.,

Defendants.

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CIVIL ACTION 6:20-cv-00889-ADA

CIVIL ACTION 6:20-cv-00890-ADA

CIVIL ACTION 6:20-cv-00891-ADA

CIVIL ACTION 6:20-cv-00892-ADA

CIVIL ACTION 6:20-cv-00893-ADA

[DRAFT] SCHEDULING ORDER

Deadline Item

October 9, 2020

Plaintiff serves preliminary1 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.

October 30, 2020 Deadline for Motions to Transfer, and deadline for parties 

to submit an agreed Scheduling Order.

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.

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Deadline Item

December 7, 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 

two years preceding the filing of the complaint, unless the 

parties agree to some other timeframe.

December 21, 2020 Parties exchange claim terms for construction.

January 08, 2021 Parties exchange proposed claim constructions.

January 15, 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. 

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

and exchange revised list of terms/constructions.

February 5, 2021 Plaintiff files Opening claim construction brief, including 

any arguments that any claim terms are indefinite.

March 5, 2021 Defendant files Responsive claim construction brief.

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

upon by the other party.

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Deadline Item

March 19, 2021 Plaintiff files Reply claim construction brief. 

April 2, 2021 Defendant files Sur-Reply claim construction brief.

April 5, 2021

Parties submit Joint Claim Construction Statement

See General Issues Note #8 regarding providing copies of 

the briefing to the Court and the technical advisor (if 

appointed).

April 9, 2021

Parties submit optional technical tutorials to the Court and 

technical adviser (if appointed). The parties shall also 

jointly submit, via USB drive, Box (not another cloud 

storage), or email to the law clerk, pdf versions of all asfiled briefing and exhibits.

April 15-16, 2021 Markman Hearing 

April 19, 2021 Fact Discovery opens; deadline to serve Initial 

Disclosures per Rule 26(a).

May 28, 2021 Deadline to add parties.

June 11, 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. 

August 6, 2021 Deadline to amend pleadings. A motion is not required 

unless the amendment adds patents or claims.

October 15, 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 12, 2021 Close of Fact Discovery.

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Deadline Item

November 19, 2021 Opening Expert Reports.

December 17, 2021 Rebuttal Expert Reports.

January 14, 2022 Close of Expert Discovery.

January 21, 2022

Deadline for the second of two meet and confers to 

discuss significantly 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 28, 2022 Dispositive motion deadline and Daubert motion 

deadline.

February 4, 2022 Serve Pretrial Disclosures (jury instructions, exhibits lists, 

witness lists, discovery and deposition designations).

February 18, 2022 Serve objections to pretrial disclosures/rebuttal 

disclosures.

February 25, 2022 Serve objections to rebuttal disclosures and File Motions 

in limine.

March 4, 2022

File Joint Pretrial Order and Pretrial Submissions (jury 

instructions, exhibits lists, witness lists, discovery and 

deposition designations); file oppositions to motions in 

limine.

March 11, 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. 

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Deadline Item

March 22, 2022 File joint notice identifying remaining objections to 

pretrial disclosures and disputes on motions in limine.

March 25, 2022, or as otherwise 

set by the Court

Final Pretrial Conference. 

April 11, 2022, or as otherwise 

set by the Court

Jury Selection/Trial for the first of the consolidated cases. 

July Selection/Trial for the remaining consolidated cases 

will be determined at the Final Pretrial Conference. 

SIGNED this _____ day of ______________, 2020

___________________________________

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

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