EXHIBIT 1 

Case 4:23-cv-00937-SDJ Document 17-1 Filed 02/16/24 Page 1 of 7 PageID #: 593
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IN THE UNITED STATES DISTRICT COURT 

 FOR THE EASTERN DISTRICT OF TEXAS 

 SHERMAN DIVISION 

ILUMI SOLUTIONS, INC. d/b/a 

MESHTEK LABS, INC., 

 Plaintiff, 

v. 

GEMSTONE LIGHTS CANADA LTD. 

 Defendant. 

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CIVIL ACTION NO. 4:23-cv-937-SDJ 

JURY TRIAL DEMANDED 

AGREED SCHEDULING ORDER 

 Pursuant to Fed. R. Civ. P. 16(b) and the Eastern District of Texas Local Rules (except as 

modified herein), the Court orders that the following schedule governs deadlines in the disposition 

of this case: 

DEADLINES 

2/14/2024 Venue Motions 

2/16/2024 FRCP 26(f) Joint Report 

Agreed Deadline to Serve Initial Rule 26 Disclosures 

3/6/2024 Initial Case Management Conference 

TBD Mediation. The Court will appoint a mediator at the Scheduling 

Conference 

3/16/2024 P.R. 3-1 Disclosure of Asserted Claims and Infringement 

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

10 days after management conference 

4/10/2024 Join Additional Parties

5 weeks after management conference 

4/10/2024 P.R. 3-3 Invalidity Contentions (and P.R. 3-4 document production) 

to be served. 

Not later than 35 days after the Initial Case Management Conference 

with the Court, each party opposing a claim of patent infringement, 

shall serve on all parties its "Invalidity Contentions" along with 

production. 

5 weeks after management conference 

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4/10/2024 Mandatory Disclosures

To the extent not already required to be disclosed, exchange Mandatory 

Disclosures on all issues, including damages. 

5 weeks after management conference 

4/20/2024 Proposed Claim Terms and Elements for Construction

Parties to exchange proposed terms for construction and identify any 

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

45 days after management conference 

4/24/2024 Privilege Logs

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). 

7 weeks after management conference 

5/10/2024 Preliminary Proposed Construction

Parties to exchange preliminary proposed claim construction and 

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

No later than 65 days after the management conference. 

6/5/2024 Amended Pleadings

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

13 weeks after management conference 

6/9/2024 Joint Claim Construction and Prehearing Statement

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. 

No later than 95 days after management conference 

6/26/2024 Respond to Amended Pleadings

16 weeks after management conference 

7/9/2024 Claim Construction Discovery Completion 

Completion date for discovery on claim construction. (P.R. 4-4). 

No later than 125 days after management conference. 

7/9/2024 Preliminary Election of Asserted Claims 

By the date set for completion of claim construction discovery pursuant 

to P.R. 4-4, the patent claimant shall serve a Preliminary Election of 

Asserted Claims, which shall assert no more than ten claims from each 

patent and not more than a total of 32 claims. 

7/23/2024 Preliminary Election of Asserted Prior Art

Not later than 14 days after service of the Preliminary Election of 

Asserted Claims, the patent defendant shall serve a Preliminary Election 

of Asserted Prior Art, which shall assert no more than twelve prior art 

references against each patent and not more than a total of 40 

references. 

7/24/2024 Opening Claim Construction Brief 

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

No later than 140 days after management conference 

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7/29/2024 Tutorial

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

4 weeks before claim construction hearing 

8/7/2024 Responsive Claim Construction Brief 

Responsive claim construction brief. (P.R. 4-5(b)). 

No later than 2 weeks after claim construction brief 

8/14/2024 Reply Claim Construction Brief 

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

No later than 7 days after response 

8/16/2024 Joint Claim Construction Chart 

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. 

At least 10 days before claim construction hearing 

8/26/2024 Claim Construction Hearing 

Proposed Claim Construction hearing Monday, August 26, 2024, at 

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

TX 75024. 

9/30/2024 Initial Mandatory Disclosures

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. 

 Final Election of Asserted Claims

No later than 28 days before the service of expert reports by the party 

with the burden of proof on an issue, the patent claimant shall serve a 

Final Election of Asserted Claims, which shall identify no more than 

five asserted claims per patent from among the ten previously identified 

claims and no more than a total of 16 claims.

10/7/2024 Mediator

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. 

6 weeks after claim construction hearing

10/28/2024 Experts

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). 

9 weeks after claim construction hearing

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10/28/2024 Willfulness Opinions

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

9 weeks after claim construction hearing 

 Final Election of Asserted Prior Art

By the date set for the service of expert reports by the party with the 

burden of proof on an issue, the patent defendant shall serve a Final 

Election of Asserted Prior Art, which shall identify no more than six 

asserted prior art references per patent from among the twelve prior art 

references previously identified for that particular patent and no more 

than a total of 20 references. For purposes of this Final Election of 

Asserted Prior Art, each obviousness combination counts as a separate 

prior art reference.

11/11/2024 Experts 

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). 

11 weeks after claim construction hearing. 

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. 

11/18/2024 Mediation

Mediation deadline. 

12 weeks after claim construction hearing 

11/25/2024 Discovery Deadline

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

completed by this deadline. 

13 weeks after claim construction hearing

12/16/2024 Dispositive Motions

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. 

12/30/2024 Dispositive Motions - Responses

Responses to motions shall be due in accordance with Local Rule CV7(e). 

3/8/2025 Meet and Confer re: Joint Final Pretrial Order

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. 

3/13/2025 Motions In Limine

Motions in Limine due. 

30 days before Final Pretrial Conference 

3/13/2025 File Joint Final Pretrial Order. 

Exchange Exhibits and deliver copies to the Court. At this date, all that 

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is required to be submitted to the Court is a hyperlinked exhibit list on 

disk (2 copies) and no hard copies. 

30 days before Final Pretrial Conference 

3/13/2025 Exhibits

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. 

30 days before Final Pretrial Conference 

3/15/2025 Video Deposition Designations

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. 

4 weeks before Final Pretrial Conference 

3/15/2025 Response / Cross Video Designations

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. 

4 weeks before the Final Pretrial Conference. 

3/29/2025 Response to Motions in Limine 

2 weeks before the Final Pretrial Conference 

3/29/2025 Objections to Pretrial Materials

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. 

2 weeks before the Final Pretrial Conference 

3/29/2025 Jury Instructions/Verdict Form

File Proposed Jury Instructions/Form of Verdict (or Proposed Findings 

of Fact and Conclusions of Law). 

2 weeks before the Final Pretrial Conference 

3/29/2025 Voir Dire Questions 

File Proposed Voir Dire Questions. 

2 weeks before the Final Pretrial Conference 

4/12/2025 Final Pretrial Conference 

Final Pretrial Conference at 1:30 p.m. at the United States Courthouse 

located at 7940 Preston Road, Plano, TX 75024 

TBD Trial 

10:00 a.m. Jury Selection and Trial at the United States Courthouse 

located at 7940 Preston Road, Plano, TX 75024 

Case 4:23-cv-00937-SDJ Document 17-1 Filed 02/16/24 Page 6 of 7 PageID #: 598
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If any of these dates falls on a weekend or court holiday, the deadline is modified to be the 

next court business day. Also note that all deadlines in this order are for filing or delivery, not 

mailing dates. 

Unless otherwise ordered or specified herein, all limitations and requirements of the 

Federal Rules of Civil Procedure and the local rules of this court must be observed. 

So ORDERED and SIGNED this _______ day of _________________, 2024. 

 

 ________________________________________ 

 SEAN D. JORDAN 

UNITED STATES DISTRICT JUDGE 

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