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. 

GOOGLE LLC, 

Defendant. 

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CIVIL ACTION 6:20-cv-00571-ADA 

CIVIL ACTION 6:20-cv-00572-ADA 

CIVIL ACTION 6:20-cv-00573-ADA 

CIVIL ACTION 6:20-cv-00574-ADA 

CIVIL ACTION 6:20-cv-00575-ADA 

CIVIL ACTION 6:20-cv-00576-ADA 

CIVIL ACTION 6:20-cv-00577-ADA 

CIVIL ACTION 6:20-cv-00578-ADA 

CIVIL ACTION 6:20-cv-00579-ADA 

CIVIL ACTION 6:20-cv-00580-ADA 

CIVIL ACTION 6:20-cv-00581-ADA 

CIVIL ACTION 6:20-cv-00582-ADA 

CIVIL ACTION 6:20-cv-00583-ADA 

CIVIL ACTION 6:20-cv-00584-ADA 

CIVIL ACTION 6:20-cv-00585-ADA 

FIRST AMENDED SCHEDULING ORDER 

Date 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 16, 2020 Case Management Conference 

October 30, 2020 Deadline for Motions to Transfer

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-00571-ADA Document 33 Filed 11/12/20 Page 1 of 5
Date Item

(2 weeks after the 

CMC)

December 4, 2020 

(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.

December 18, 2020 

(9 weeks after the 

CMC)

Parties exchange claim terms for construction. 

January 8, 2021 

(12 weeks after the 

CMC)

Parties exchange proposed claim constructions. 

January 13, 2021 

(13 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. 

January 15, 2021 

(13 weeks after the 

CMC)

Deadline to meet and confer to narrow terms in dispute and exchange 

revised list of terms/constructions. 

January 22, 2021 

(14 weeks after the 

CMC) 

Plaintiff files Opening claim construction brief, including any 

arguments that any claim terms are indefinite. 

February 12, 2021 

(17 weeks after the 

CMC)

Defendant files Responsive claim construction brief. 

February 26, 2021 Plaintiff files Reply 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.

Case 6:20-cv-00571-ADA Document 33 Filed 11/12/20 Page 2 of 5
Date Item

(19 weeks after the 

CMC)

March 12, 2021 Defendant files a Sur-Reply claim construction brief. 

March 15, 2021 

(3 days after sur-reply)

Parties submit Joint Claim Construction Statement and provide 

copies of briefs to the Court. 

March 18, 2021 

(22 weeks after CMC)

Parties submit option technical tutorials to the Court and technical 

advisor (if appointed).3 

March 25 – 26, 2021 Markman hearing at 9:00 a.m. 

March 29, 2021 

(1 business day after 

Markman hearing)

Fact Discovery opens; deadline to serve Initial Disclosures per Rule 

26(a). 

May 7, 2021 

(6 weeks after 

Markman)

Deadline to add parties. 

May 21, 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. 

July 16, 2021 

(16 weeks after 

Markman)

Deadline to amend pleadings. A motion is not required unless the 

amendment adds patents or claims. 

September 24, 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. 

October 22, 2021 

(30 weeks after 

Markman)

Close of Fact Discovery. 

October 29, 2021 

(31 weeks after 

Markman)

Opening Expert Reports. 

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-00571-ADA Document 33 Filed 11/12/20 Page 3 of 5
Date Item

November 29, 2021 

(35 weeks after 

Markman)

Rebuttal Expert Reports. 

December 17, 2021 

(38 weeks after 

Markman)

Close of Expert Discovery. 

December 24, 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 Joint Report within 5 business days regarding 

the results of the meet and confer. 

January 7, 2022 

(40 weeks after 

Markman)

Dispositive motion deadline and Daubert motion deadline. 

January 21, 2022 Deadline to file oppositions to dispositive motions and Daubert

motions.

January 28, 2022 Deadline to file replies in support of dispositive motions and Daubert

motions.

January 14, 2022 

(42 weeks after 

Markman)

Serve Pretrial Disclosures (jury instructions, exhibit lists, witness 

lists, discovery and deposition designations). 

January 28, 2022 

(44 weeks after 

Markman)

Serve objections to pretrial disclosures/rebuttal disclosures. 

February 4, 2022 

(45 weeks after 

Markman)

Serve objections to rebuttal disclosures and file motions in limine. 

February 11, 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 18, 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. 

Case 6:20-cv-00571-ADA Document 33 Filed 11/12/20 Page 4 of 5
Date Item

February 28, 2022

(3 business days 

before Final Pretrial 

Conference)

File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motion in limine. 

March 4, 2022

(49 weeks after 

Markman)

Final Pretrial Conference. 

March 28, 2022

(52 weeks after 

Markman)

4

 

Jury Selection/Trial 

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.

12th November

Case 6:20-cv-00571-ADA Document 33 Filed 11/12/20 Page 5 of 5