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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

Encore Wire Corporation, 

Plaintiff, 

v. 

Southwire Company, LLC, 

Defendant. 

Civil Action No. 4:23-CV-00821 

JURY TRIAL DEMANDED 

PROPOSED SCHEDULING ORDER 

Encore’s 

Proposed Date 

Southwire’s 

Proposed Date Event 

May 9, 2024 Rule 26(f) Attorney Conference 

May 23, 2024 Joint Report Due 

May 23, 2024 Rule 26 Initial Disclosures 

June 11, 2024 at 1:30 p.m. 

Paul Brown United States Courthouse, 101 E. Pecan 

Street, Sherman, Texas 75090 

Case Management Conference 

No Applicable Rule / 

Contrary to P.R. 3-5 June 21, 2024 Encore’s Non-Infringement Contentions 

No Applicable Rule/ 

Contrary to P.R. 3-4 

and P.R. 3-5 

June 21, 2024 

P.R. 3-5(a) / P.R. 3-4(a) Document 

Production (including inspection of 

accused products) 

N/A – See P.R. 3-5 

To the extent a Counterclaim of infringement is made, 

10 days after Encore’s Answer to such Counterclaims 

P.R. 3-1 Disclosure of Asserted 

Claims and Infringement 

Contentions (and P.R. 3-2 

document production) to be served. 

July 16, 2024 Join Additional Parties 

N/A – See P.R. 3-5 P.R. 3-3 Invalidity Contentions 

(and P.R. 3-4 document 

production) to be served. 

Case 4:23-cv-00821-ALM Document 35-1 Filed 05/23/24 Page 1 of 6 PageID #: 664
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Encore’s 

Proposed Date 

Southwire’s 

Proposed Date Event 

To the extent a Counterclaim of invalidity is made, 10 

days after Southwire’s Answer to such Counterclaims 

July 16, 2024 

Mandatory Disclosures on issues specific to Encore’s 

Declaratory Judgment Complaint 

To extent not already required to be 

disclosed, exchange Mandatory 

Disclosures. 

N/A (contrary to 

Court’s Local Rules) No later than July 26, 2024 Parties Complete Early Mediation 

July 26, 2024 

If early mediation is ordered 

August 15, 2024 

Otherwise July 26, 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). 

July 30, 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). 

August 15, 2024 

If early mediation is ordered 

August 29, 2024 

Otherwise August 15, 2024 

Parties to exchange preliminary 

proposed claim construction and 

extrinsic evidence supporting same 

(P.R. 4-2). 

September 10, 2024 Parties’ Final Amended Pleadings 

(A motion for leave is required.) 

September 16, 2024 

If early mediation is ordered 

September 30, 2024 

Otherwise September 16, 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. 

October 1, 2024 Respond to Amended Pleadings 

October 14, 2024 

If early mediation is ordered 

October 21, 2024 

Otherwise October 14, 2024 

Completion date for discovery on 

claim construction (P.R. 4-4). 

October 29, 2024 Opening claim construction brief 

(P.R. 4-5(a)). 

November 5, 2024 

Submit technology 

synopsis/tutorial (both hard copy 

and disk). 

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Encore’s 

Proposed Date 

Southwire’s 

Proposed Date Event 

November 12, 2024 Responsive claim construction brief 

(P.R. 4-5(b)). 

November 19, 2024 Reply claim construction brief (P.R. 

4-5(c)). 

November 25, 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. 

December 3, 2024 at 1:30 p.m. 

Paul Brown United States Courthouse, 101 E. Pecan 

Street, Sherman, Texas 75090 

Claim Construction Hearing 

TBD 

Per above, early mediation to 

be completed no later than 

July 26, 2024 

Mediation 

January 7, 2025 

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. 

February 4, 2025 January 21, 2025 

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). 

February 11, 2025 Comply with P.R. 3-7. (Designation 

of Willfulness Opinions). 

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Encore’s 

Proposed Date 

Southwire’s 

Proposed Date Event 

February 18, 2025 February 11, 2025 

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. 

March 4, 2025 February 25, 2025 

Discovery Deadline. All discovery 

must be served in time to be 

completed by this date. 

March 4, 2025 March 4, 2025 

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).

June 16, 2025 Notice of intent to offer certified 

records 

June 16, 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). 

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Encore’s 

Proposed Date 

Southwire’s 

Proposed Date Event 

June 23, 2025 

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. 

June 23, 2025 

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 

July 7, 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 the final 

pretrial conference. 

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Encore’s 

Proposed Date 

Southwire’s 

Proposed Date Event 

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. 

July 21, 2025 at 2:30 p.m. 

Paul Brown United States Courthouse, 101 E. Pecan 

Street, Sherman, Texas 75090 

Final Pretrial Conference 

TBD at 10:00 a.m. 

Paul Brown United States Courthouse, 101 E. Pecan 

Street, Sherman, Texas 75090 

Jury Selection and Trial 

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