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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. 

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

SCHEDULING ORDER

Date Item

September 18, 2020 Case Management Conference

October 2, 2020

(2 weeks after the CMC)

Deadline for Motions to Transfer

November 6, 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.

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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. 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.

January 8, 2021

(16 weeks after the CMC) 

Parties file Opening claim construction briefs, 

including any arguments that any claim terms 

are indefinite.

January 22, 2021

(18 weeks after the CMC)

The parties shall disclose the identity of any 

rebuttal expert witness they may rely upon in 

their response 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.

January 29, 2021

(19 weeks after the CMC)

Parties file Responsive claim construction 

briefs.

February 12, 2021

(21 weeks after the CMC)

Parties file Reply claim construction briefs.

February 19, 2021

(22 weeks after CMC)

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)

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February 25, 2021

(23 weeks after CMC)

Parties submit option technical tutorials to the 

Court and technical advisor (if appointed). 

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.) 

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.

November 25, 2021

(38 weeks after Markman)

Close of Expert Discovery.

December 2, 2021

(39 weeks after Markman)

Deadline for he 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 

Case 6:20-cv-00454-ADA Document 33 Filed 10/19/20 Page 3 of 5
Plaintiff’s Proposed Scheduling Order Page | 5

time anticipated per side. The parties shall file 

a Joint Report within 5 business days 

regarding the results of the meet and confer. 

December 9, 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 23, 2021

(42 weeks after Markman)

Serve Pretrial Disclosures (jury instructions, 

exhibit lists, witness lists, discovery and 

deposition designations). 

January 6, 2022

(44 weeks after Markman)

Serve objections to pretrial 

disclosures/rebuttal disclosures.

January 13, 2022

(45 weeks after Markman)

Serve objections to rebuttal disclosures and 

file motions in limine.

January 20, 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. 

January 27, 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 7, 2022

(3 business days before Final Pretrial 

Conference)

File joint notice identifying remaining 

objections to pretrial disclosures and disputes 

on motion in limine. 

February 10, 2022

(49 weeks after Markman)

Final Pretrial Conference. The Court expects 

to set this date at the conclusion of the 

Markman Hearing. 

Case 6:20-cv-00454-ADA Document 33 Filed 10/19/20 Page 4 of 5
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March 3, 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 

19th October

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