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EXHIBIT B

Case 6:20-cv-00487-ADA Document 44-2 Filed 12/01/20 Page 1 of 6
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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. 

ZTE CORPORAION, ZTE (USA) 

INC, AND ZTE (TX), INC.,

Defendants.

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CIVIL ACTION 6:20-cv-00487-ADA

CIVIL ACTION 6:20-cv-00488-ADA

CIVIL ACTION 6:20-cv-00489-ADA

CIVIL ACTION 6:20-cv-00490-ADA

CIVIL ACTION 6:20-cv-00491-ADA

CIVIL ACTION 6:20-cv-00492-ADA

CIVIL ACTION 6:20-cv-00493-ADA

CIVIL ACTION 6:20-cv-00494-ADA

CIVIL ACTION 6:20-cv-00495-ADA

CIVIL ACTION 6:20-cv-00496-ADA

CIVIL ACTION 6:20-cv-00497-ADA

[DEFENDANTS’] FIRST AMENDED SCHEDULING ORDER

Date Item

November 10, 2020 Case Management Conference

December 4, 2020 Deadline for Motions to Transfer.13

January 29, 2021

(16 weeks before Markman

hearing)

Defendant serves preliminary invalidity contentions14 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.

13 The Parties agreed, and the Court extended the Motion to Transfer deadline to December 4, 

2020. See 6:20-cv-00487-ADA, Dkt. 41.

14 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

Case 6:20-cv-00487-ADA Document 44-2 Filed 12/01/20 Page 2 of 6
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February 12, 2021

(14 weeks before Markman

hearing)

Parties exchange claim terms for construction.

February 26, 2021

(12 weeks before 

Markman hearing)

Parties exchange proposed claim constructions.

March 5, 2021

(11 weeks before 

Markman hearing)

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.15 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.

March 12, 2021

(10 weeks before Markman

hearing)

Deadline to meet and confer to narrow terms in dispute and 

exchange revised list of terms/constructions.

March 19, 2021

(9 weeks before Markman

hearing)

Plaintiff files Opening claim construction brief, including any 

arguments that any claim terms are indefinite.

April 9, 2021

(6 weeks before Markman

hearing)

Defendant file Responsive claim construction brief.

April 23, 2021

(4 weeks before Markman

hearing)

Plaintiff file Reply claim construction brief.

May 7, 20201

(2 weeks before Markman

hearing)

Defendant files a Sur-Reply claim construction brief.

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.

15 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-00487-ADA Document 44-2 Filed 12/01/20 Page 3 of 6
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May 12, 2021

(3 business days after 

submission of sur-reply)

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)

May 13, 2021

(22 weeks after CMC, but at 

least one week before 

Markman hearing)

Parties submit option technical tutorials to the Court and technical 

advisor (if appointed).

May 20-21, 2021 Markman hearing at 9:00 a.m.

May 24, 2021

(1 business day after

Markman hearing)

Fact Discovery opens; deadline to serve Initial Disclosures per 

Rule 26(a).

July 2, 2021

(6 weeks after Markman)

Deadline to add parties.

July 16, 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.

September 16, 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.)

November 19, 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.

December 17, 2021

(30 weeks after Markman)

Close of Fact Discovery.

December 31, 2021

(31 weeks after Markman)

Opening Expert Reports.

January 21, 2022

(35 weeks after Markman)

Rebuttal Expert Reports.

February 11, 2022

(38 weeks after Markman)

Close of Expert Discovery.

Case 6:20-cv-00487-ADA Document 44-2 Filed 12/01/20 Page 4 of 6
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February 18, 2022

(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.

February 25, 2022

(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).

March 11, 2022

(42 weeks after Markman)

Serve Pretrial Disclosures (jury instructions, exhibit lists, witness 

lists, discovery and deposition designations).

March 25, 2022

(44 weeks after Markman)

Serve objections to pretrial disclosures/rebuttal disclosures.

April 1, 2022

(45 weeks after Markman)

Serve objections to rebuttal disclosures and file motions in 

limine.

April 8, 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.

April 15, 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.

April 26, 2022

(3 business days before 

Final Pretrial Conference)

File joint notice identifying remaining objections to pretrial 

disclosures and disputes on motion in limine.

June 20, 2022

(52 weeks after Markman)

16

Jury Selection/Trial. The Court expects to set this date at the 

conclusion of the Markman Hearing.

16 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

Case 6:20-cv-00487-ADA Document 44-2 Filed 12/01/20 Page 5 of 6
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ORDERED this _____ day of ____, 2020. 

___________________

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

actual trial date.

Case 6:20-cv-00487-ADA Document 44-2 Filed 12/01/20 Page 6 of 6