1 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

FREEDOM PATENTS, LLC,

Plaintiff,

v. 

DISH NETWORK CORPORATION, DISH 

NETWORK L.L.C., and DISH NETWORK 

SERVICE L.L.C.,

Defendants.

CIVIL ACTION NO. 4:23-cv-303-ALM

JURY TRIAL DEMANDED

EXHIBIT A – PROPOSED AMENDED DEADLINES

Original 

Proposed Deadline

Amended

Proposed Deadline

Description

Thursday, 

October 5, 2023 

Wednesday

November 22, 2023 

P.R. 3-1 Disclosure of Asserted Claims and 

Infringement Contentions (and P.R. 3-2 

document production) to be served.

Monday, 

October 30, 2023

Monday, 

December 18, 2023

Join Additional Parties

To be discussed at 

Mgmt. Conf.

To be discussed at 

Mgmt. Conf.

Mediation.

The Court will discuss appointing a mediator 

at the Scheduling Conference.

Monday, 

October 30, 2023 

Monday, 

December 18, 2023 

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

document production) to be served. To extent 

not already required to be disclosed, exchange 

Mandatory Disclosures on all issues, including 

damages.

Thursday, 

November 9, 2023 

Thursday, 

December 28, 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).

Wednesday, 

November 29, 2023 

Wednesday, 

January 17, 2024 

Parties to exchange preliminary proposed 

claim construction and extrinsic evidence 

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

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Friday, 

January 5, 2024

Friday, 

February 23, 2024

Parties’ Final Amended Pleadings

(A motion for leave is required.)

Friday, 

January 5, 2024

Friday, 

February 23, 2024

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.

Tuesday, 

January 16, 2024

Tuesday, 

March 5, 2024

Respond to Amended Pleadings

Sunday, 

January 28, 2024

Sunday, 

March 17, 2024

Completion date for discovery on claim 

construction (P.R. 4-4).

Monday, 

January 29, 2024

Monday, 

March 18, 2024

Opening claim construction brief (P.R. 4-5(a)).

Monday, 

February 5, 2024

Monday, 

March 25, 2024

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).

Tuesday, 

February 20, 2024

Tuesday, 

April 9, 2024

Submit technology synopsis/tutorial (both hard 

copy and disk).

Tuesday, 

February 20, 2024

Tuesday, 

April 9, 2024

Responsive claim construction brief (P.R. 4-

5(b)).

Monday, 

March 4, 2024

Monday, 

April 22, 2024

Reply claim construction brief (P.R. 4-5(c)).

Friday, 

March 8, 2024

Friday, 

April 26, 2024

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.

Monday, 

March 18, 2024

Monday, 

May 6, 2024

Proposed Claim Construction hearing 

Monday, May 6, 2024,

at 1:30 p.m. at the Paul Brown United States 

Courthouse, 101

E. Pecan Street, Sherman, Texas 75090.

Monday, 

April 8, 2024

Monday, 

June 3, 2024

Comply with P.R. 3-7. (Designation of 

Willfulness Opinions).

Case 4:23-cv-00303-ALM Document 48-1 Filed 10/02/23 Page 2 of 5 PageID #: 461
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Monday, 

April 22, 2024

Monday, 

June 17, 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.

Monday, 

May 20, 2024

Monday, 

July 15, 2024

[[Fact]] Discovery Deadline. All discovery 

must be served in time to be completed by this 

date.

Monday, 

May 20, 2024

Monday, 

July 15, 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).

Monday, 

June 10, 2024

Monday, 

August 5, 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).

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.

Tuesday, 

June 18, 2024

Tuesday, 

August 13, 2024

[[Expert]] Discovery Deadline. 

Friday, 

June 21, 2024 

Friday, 

August 16, 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).

Case 4:23-cv-00303-ALM Document 48-1 Filed 10/02/23 Page 3 of 5 PageID #: 462
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Friday, 

October 4, 2024

Wednesday, 

November 27, 2024

Notice of intent to offer certified records

Friday,

October 4, 2024 

Wednesday, 

November 27, 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).

Wednesday, 

October 9, 2024 

Wednesday, 

December 4, 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

Friday, 

October 11, 2024 

Friday, 

December 6, 2024 

Deposition Designation due. Each party who 

proposes to offer a deposition 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 request 

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 an initial Video 

Deposition Designation is responsible for 

preparation of the final edited video in 

accordance with all parties’ designations, the 

applicable Federal Rules of Civil Procedure, 

and the Court’s rulings on objections.

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Friday, 

October 25, 2024

Friday, 

December 20, 2024

Response to motions in limine due

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 the 

final pretrial conference. File Proposed Jury 

Instructions/Form of Verdict (or Proposed

Findings of Fact and Conclusions of Law).

If Parties will be requesting daily copy of the 

transcript during trial, they must notify the 

Court’s court reporter, Chris Bickham, 

Chris_Bickham@txed.uscourts.gov, by this 

date.

Friday, 

November 8, 2024

Friday, 

January 3, 2025

Final Pretrial Conference at 1:30 p.m. at the 

Paul Brown United States Courthouse, 101 E. 

Pecan Street, Sherman, Texas 75090.

TBD TBD 10:00 a.m. Jury Selection and Trial at the Paul 

Brown United States Courthouse located at 

101 East Pecan Street in Sherman, Texas.

Case 4:23-cv-00303-ALM Document 48-1 Filed 10/02/23 Page 5 of 5 PageID #: 464