IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

ATTESTWAVE, LLC 

Plaintiff, 

v. 

INTERNATIONAL BUSINESS MACHINES 

CORPORATION, 

Defendant. 

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CASE NO. 4:23-cv-00315 

JURY TRIAL DEMANDED 

[PROPOSED] SCHEDULING ORDER 

08/04/2023 P.R. 3-1 Disclosure of Asserted Claims and Infringement 

Contentions (and P.R. 3-2 document production) to be served. 

09/22/2023 Join additional parties. 

P.R. 3-3 Invalidity Contentions (and P.R. 3-4 document 

production) to be served. To the extent not already required to be 

disclosed, exchange Mandatory Disclosures on all issues, 

including damages. 

10/06/2023 Parties to exchange proposed terms for construction and identify 

any claim element governed by 35 U.S.C. § 112, ¶ 6 (P.R. 4-1). 

10/13/2023 Privilege logs to be exchanged by parties (or a letter to the Court 

stating that there are no disputes as to claims of privileged 

documents). 

10/20/2023 Parties to exchange preliminary proposed claim construction and 

extrinsic evidence supporting same. (P.R. 4-2). 

10/20/2023 Parties’ Final Amended Pleadings. (A motion for leave is 

required.) 

11/03/2023 Joint Claim Construction and Prehearing Statement to be filed. 

(P.R. 4-3). Provide an estimate of how many pages are needed to 

brief the disputed claims. 

11/10/2023 Respond to Amended Pleadings. 

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11/20/2023 Completion date for discovery on claim construction. (P.R. 4-4). 

12/01/2023 Opening claim construction brief. (P.R. 4-5(a)). 

12/15/2023 Responsive claim construction brief. (P.R. 4-5(b)). 

12/22/2023 Reply claim construction brief. (P.R. 4-5(c)). 

12/08/2023 Submit technology synopsis/tutorial (both hard copy and disk). 

12/26/2023 Parties to file joint claim construction and chart. (P.R. 4-5(d)). 

Parties shall work together to agree on as many claim terms as 

possible. 

01/05/2024 Proposed Claim Construction hearing Friday, January 5, 2024, 

at 10:00 a.m. at the United States Courthouse, 7940 Preston Road, 

Plano, TX 75024. 

02/09/2024 Deadline for Initial Mandatory Disclosure of all persons, 

documents, data compilations and tangible things, which are 

relevant to a claim or defense of any party and which has not 

previously been disclosed. This deadline is not an extension of 

earlier deadlines set out in this Court’s order or the Patent Rules, 

nor an excuse to delay disclosure of information. It is a “catchall” 

deadline for provision of all remaining information which may be 

relevant to a claim or defense of any party at trial. 

02/16/2024 Parties shall notify the Court of the name, address, and telephone 

number of the agreed-upon mediator, or request that the Court 

select a mediator, if they are unable to agree on one. 

03/01/2024 Fact discovery deadline. All fact discovery must be served in time 

to be completed by this deadline. 

03/08/2024 Parties with burden of proof to designate Expert Witnesses other 

than claims construction experts and provide their expert witness 

reports, to include for ALL experts all information set out in Rule 

26(a)(2)(B). 

Comply with P.R. 3-7 (Designation of Willfulness Opinions). 

03/22/2024 Parties to Designate Expert Witnesses on issues for which the 

parties do not bear the burden of proof, and provide their expert 

witness report, to include for ALL experts all information set out 

in Rule 26(2)(B). 

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Note: Objections to any expert, including Daubert motions, 

shall be filed within 3 weeks after the expert’s Report has 

been disclosed. Such objections and motions are limited to ten 

pages each.

03/29/2024 Mediation deadline. 

04/12/2024 Expert Witness discovery deadline. All Expert Witness discovery 

must be served in time to be completed by this deadline. 

04/26/2024 File Dispositive Motions and any other motions that may 

require a hearing. Regardless of how many dispositive motions 

a party files, each party is limited to a total of sixty pages for such 

motions. Each individual motion shall comply with Local Rule 

CV-7. 

Responses to motions shall be due in accordance with Local 

Rule CV-7(e).

07/19/2024 Counsel and unrepresented parties are each responsible for 

contacting opposing counsel and unrepresented parties to 

determine how they will prepare the Joint Final Pretrial Order, see 

www.txed.uscourts.gov, and Proposed Jury Instructions and 

Verdict Form (or Proposed Findings of Fact and Conclusions of 

Law in nonjury cases). 

07/25/2024 Motions in limine due. 

File Joint Final Pretrial Order. Exchange Exhibits and deliver 

copies to the Court. At this date, all that is required to be 

submitted to the Court is a hyperlinked exhibit list on disk (2 

copies) and no hard copies. 

07/26/2024 Video Deposition Designation due. Each party who proposes to 

offer a deposition by video shall serve on all other parties a 

disclosure identifying the line and page numbers to be offered. All 

other parties will have seven calendar days to serve a response 

with any objections and requesting cross examination line and 

page numbers to be included. Counsel must consult on any 

objections and only those which cannot be resolved shall be 

presented to the Court. The party who filed the initial Video 

Deposition Designation is responsible for preparation of the final 

edited video in accordance with all parties’ designations and the 

Court’s rulings on objections. 

08/09/2024 Response to motions in limine due. 

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File objections to witnesses, deposition extracts, and exhibits, 

listed in pre-trial order. (This does not extend the deadline to object 

to expert witnesses.) If numerous objections are filed, the Court 

may set a hearing prior to docket call. 

File Proposed Jury Instructions/Form of Verdict (or Proposed 

Findings of Fact and Conclusions of Law). 

File Proposed Voir Dire Questions. 

08/23/2024 Final Pretrial Conference at 1:30 p.m. at the United States 

Courthouse located at 7940 Preston Road, Plano, TX 75024. 

To be determined 10:00 a.m. Jury Selection and Trial at the United States 

Courthouse located at 7940 Preston Road, Plano, TX 75024. 

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