EXHIBIT A

Case 6:20-cv-00572-ADA Document 23-1 Filed 10/30/20 Page 1 of 6
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.

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

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

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

(2 weeks after the 

CMC)

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 patent claims requires leave of court so that 

the Court can address any scheduling issues. 

Case 6:20-cv-00572-ADA Document 23-1 Filed 10/30/20 Page 2 of 6
Date Item

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. 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) 

Parties file Opening claim construction briefs, including any 

arguments that any claim terms are indefinite.2

February 5, 2021

(16 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.

February 12, 2021 Parties file Responsive claim construction briefs.

2 The parties understand that the Court expects to issue a new version of the Order Governing Proceedings – Patent 

Case in the near future, and that the dates and sequence of Markman briefs may change based on the version of the 

order that issues. 

Case 6:20-cv-00572-ADA Document 23-1 Filed 10/30/20 Page 3 of 6
Date Item

(17 weeks after the 

CMC)

February 26, 2021

(19 weeks after the 

CMC)

Parties file Reply claim construction briefs.

March 5, 2021

(20 weeks after CMC)

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 or 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.

Plaintiff proposes: 

September 24, 2021

(26 weeks after 

Markman)

Defendant proposes: 

June 25, 2021

(13 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. 

Plaintiff’s statement:

WSOU believes the parties should adhere to the OGP and the Court 

should adopt WSOU’s proposal. A rushed discussion, midway 

through discovery, without the benefit of adequate discovery is not 

only inefficient, but prejudicial to WSOU claims. 

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-00572-ADA Document 23-1 Filed 10/30/20 Page 4 of 6
Date Item

Defendant’s statement:

Google believes that an earlier discussion of case narrowing will be 

beneficial given the number of cases and claims asserted, and has 

proposed a deadline that is closer to the deadline for final 

contentions. Google believes that the parties can and should apply 

the Court’s guidance on claim construction and the results of initial 

discovery to reduce the burden on the parties and the Court.

October 22, 2021

(30 weeks after 

Markman)

Close of Fact Discovery.

October 29, 2021

(31 weeks after 

Markman)

Opening Expert Reports.

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 Serve objections to rebuttal disclosures and file motions in limine.

Case 6:20-cv-00572-ADA Document 23-1 Filed 10/30/20 Page 5 of 6
Date Item

(45 weeks after 

Markman)

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. 

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.

Case 6:20-cv-00572-ADA Document 23-1 Filed 10/30/20 Page 6 of 6