IN 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. 

MICROSOFT CORPORATION, 

Defendant. 

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CIVIL ACTION 6:20-cv-00454-ADA 

CIVIL ACTION 6:20-cv-00455-ADA 

CIVIL ACTION 6:20-cv-00456-ADA 

CIVIL ACTION 6:20-cv-00457-ADA 

CIVIL ACTION 6:20-cv-00458-ADA 

CIVIL ACTION 6:20-cv-00459-ADA 

CIVIL ACTION 6:20-cv-00460-ADA 

CIVIL ACTION 6:20-cv-00461-ADA 

CIVIL ACTION 6:20-cv-00462-ADA 

CIVIL ACTION 6:20-cv-00463-ADA 

CIVIL ACTION 6:20-cv-00464-ADA 

CIVIL ACTION 6:20-cv-00465-ADA 

FIRST AMENDED SCHEDULING ORDER

Date Item

September 18, 2020 Case Management Conference

October 2, 2020

(2 weeks after the CMC)

Deadline for Motions to Transfer

Case 6:20-cv-00454-ADA Document 40 Filed 11/23/20 Page 1 of 5
Date Item

November 6, 2020

(7 weeks after the CMC)

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 product(s) for the two

years preceding the filing of the Complaint, unless

the parties agree to some other timeframe.

November 20, 2020

(9 weeks after the CMC)

Parties exchange claim terms for construction.

December 4, 2020

(11 weeks after the CMC)

Parties exchange proposed claim 

constructions. 

December 11, 2020

(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.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. 

December 18, 2020

(13 weeks after the CMC)

Deadline to meet and confer to narrow terms in 

dispute and exchange revised list of 

terms/constructions.

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 patent claims requires leave of court so that 

the Court can address any scheduling issues.

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-00454-ADA Document 40 Filed 11/23/20 Page 2 of 5
Date Item

January 8, 2021

(14 weeks) 

Plaintiff files Opening claim construction brief, 

including any arguments that any claim terms are 

indefinite. 

January 29, 2021

(17 weeks) 

Defendant file Responsive claim construction 

brief.

February 11, 2021

(19 weeks)

Plaintiff files Reply claim construction brief.

February 24, 2021

(21 weeks)

Defendant files a Sur-Reply claim construction brief

February 25, 2021

22 weeks (but at least 1 week before 

Markman Hearing)

Parties submit optional technical tutorials to the 

Court and technical adviser (if appointed).3

February 25, 2021

3 business days after submission of surreply

Parties submit Joint Claim Construction 

Statement and provide copies of briefs to the 

Court.

March 4 – 5, 2021 Markman hearing at 9:00 a.m.

March 8, 2021

(1 business day after Markman 

hearing)

Fact Discovery opens; deadline to serve Initial 

Disclosures per Rule 26(a).

April 16, 2021

(6 weeks after Markman)

Deadline to add parties.

April 30, 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.

June 24, 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.)

3 The parties should contact the law clerk to request a Box link so that the party can directly upload the file to the 

Court’s Box account.

Case 6:20-cv-00454-ADA Document 40 Filed 11/23/20 Page 3 of 5
Date Item

September 2, 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.

September 30, 2021

(30 weeks after Markman)

Close of Fact Discovery.

October 7, 2021

(31 weeks after Markman)

Opening Expert Reports.

November 4, 2021

(35 weeks after Markman)

Rebuttal Expert Reports.

December 2, 2021

(38 weeks after Markman)

Close of Expert Discovery.

December 9, 2021

(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 

December 16, 2021 

(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).

December 30, 2021

(42 weeks after Markman) 

Serve Pretrial Disclosures (jury instructions, exhibit 

lists, witness lists, discovery and deposition 

designations). 

January 13, 2022

(44 weeks after Markman) 

Serve objections to pretrial 

disclosures/rebuttal disclosures.

January 20, 2022

(45 weeks after Markman) 

Serve objections to rebuttal disclosures and file 

motions in limine. 

Case 6:20-cv-00454-ADA Document 40 Filed 11/23/20 Page 4 of 5
Date Item

January 27, 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. 

February 3, 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. 

February 14, 2022

(3 business days before Final 

Pretrial Conference)

File joint notice identifying remaining objections to 

pretrial disclosures and disputes on motion in limine. 

February 17, 2022

(49 weeks after Markman) 

Final Pretrial Conference. The Court expects to set 

this date at the conclusion of the Markman Hearing. 

March 3, 2022

(52 weeks after Markman)

4

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

4 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

23rd November

Case 6:20-cv-00454-ADA Document 40 Filed 11/23/20 Page 5 of 5