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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

COMMUNICATION INTERFACE 

TECHNOLOGIES, LLC,

 Plaintiff,

v.

SUPERCUTS, INC.,

Defendant.

Civil Action No. 4:23-cv-00729-SDJ

JURY TRIAL DEMANDED 

PROPOSED SCHEDULING ORDER

Event Agreed By Both Parties

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

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

January 18, 2024

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. 

March 7, 2024

Parties to exchange proposed terms for construction and identify 

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

March 12, 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). 

March 22, 2024

Parties to exchange preliminary proposed claim construction and 

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

April 5, 2024

Parties’ Final Amended Pleadings. (A motion for leave is 

required.) 

April 16, 2024

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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. 

April 19, 2024

Respond to Amended Pleadings. May 7, 2024

Completion date for discovery on claim construction. (P.R. 4-4). May 20, 2024

Opening claim construction brief. (P.R. 4-5(a)). June 12, 2024

Responsive claim construction brief. (P.R. 4-5(b)). July 10, 2024

Reply claim construction brief. (P.R. 4-5(c)). July 24, 2024

Submit optional technology synopsis/tutorial (both hard copy 

and disk). 

August 14, 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. 

August 14, 2024

Proposed Claim Construction hearing Monday, August 26, 2024, 

at 10:00 a.m. at the United 

States Courthouse, 7940 

Preston Road, Plano, TX 

75024.

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.

August 12, 2024

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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. 

August 19, 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). 

September 9, 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. 

October 7, 2024

Mediation deadline. October 21, 2024

Discovery deadline. All discovery must be served in time to be 

completed by this deadline. 

December 6, 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). 

January 24, 2025

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). 

March 21, 2025

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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. 

March 28, 2025

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. 

March 31, 2025

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 docket call. 

File Proposed Jury Instructions/Form of Verdict (or Proposed 

Findings of Fact and Conclusions of Law). 

File proposed Voir Dire Questions

April 14, 2025

Final Pretrial Conference April 28, 2025 at 1:30 p.m. 

at the United States 

Courthouse located at 7940 

Preston Road, Plano, TX 

75024. 

Jury Selection and Trial To be determined

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