- 2023 

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

ARENA IP, LLC,

Plaintiff,

v.

BOINGO WIRELESS, INC.,

Defendant

Civil Action No. 4:23-cv-00085-SDJ

JOINT CASE MANAGEMENT CONFERENCE REPORT

Arena IP, LLC (“Arena”) and Boingo Wireless, Inc. (“Boingo”) hereby provide the 

following Joint Case Management Conference Report in accordance with the Court’s March 7, 

2023 Order Governing Proceedings (ECF No. 11).

1. Suggested modifications of the proposed deadlines for the scheduling order.

The parties propose the following agreed deadlines, with modifications to the proposed dates

set forth in Appendix B to ECF No. 11 highlighted in yellow. 

Deadline Item

05/29/2023

10 days after mgmt. conf.

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

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

06/22/2023

5 weeks after mgmt. conf.

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.

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07/03/2023

No later than 45 days after 

mgmt. conf.

Parties to exchange proposed terms for construction and 

identify any claim element governed by 35 U.S.C. § 112 

(P.R. 4-1).

07/06/2023

7 Weeks after mgmt. conf.

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).

07/24/2023

No later than 65 days after 

mgmt. conf.

Parties to exchange preliminary proposed claim construction 

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

08/17/2023

13 weeks after mgmt. conf.

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

required).

08/21/2023

No later than 95 days after 

mgmt. conf.

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.

09/07/2023

16 weeks after mgmt. conf.

Respond to Amended Pleadings.

Week of 09/18/2023 Claim construction pre-hearing conference.

09/20/2023

No later than 125 days after 

mgmt. conf.

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

4).

10/05/2023

No later than 140 days after 

mgmt. conf.

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

10/19/2023

No later than 2 weeks after 

claim construction brief

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

10-26/2023

No later than 7 days after 

response

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

10/02/2023

4 weeks before claim 

construction hearing

Submit technology synopsis/tutorial (both hard copy and 

disk).

10/20/2023

at least 10 days before 

claim construction 

hearing

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.

10/30/2023

Date of claim construction 

hearing

Proposed Claim Construction hearing Monday, October 30, 

2023, at 10:00 a.m. at the United States Courthouse, 7940 

Preston Road Plano, Texas 75024

12/04/2023

5 weeks after claim 

Deadline for Initial Mandatory Disclosure of all persons, 

documents, data compilations and tangible things, which are 

Case 4:23-cv-00085-SDJ Document 14 Filed 04/20/23 Page 2 of 7 PageID #: 161
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construction hearing 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. 

12/11/2023

6 weeks after claim 

construction hearing

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.

01/22/2024

12 weeks after claim 

construction hearing

Parties with burden of proof to designate Expert Witnesses 

other than claims construction experts and provide their 

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).

02/12/2024

15 Weeks after claim 

construction hearing

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 ahs been 

disclosed. Such objections and motions are limited to ten pages 

each.

01/22/2024

12 weeks after claim 

construction hearing

Mediation deadline.

02/26/2024

17 weeks after claim 

construction hearing

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

completed by this deadline.

03/18/2024

20 weeks after claim 

construction hearing (and no 

later than 110 days prior to 

the filing of the Joint Final 

PTO)

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).

06/10/2024

5 weeks before final pretrial 

conference

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 For (or Proposed Findings of Fact and Conclusions 

of Law in nonjury cases).

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07/12/2024

31 days before final pretrial 

conference

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.

07/15/2024

4 weeks before final pretrial 

conference

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.

07/29/2024

2 weeks before final pretrial 

conference

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.

August 12, 2024

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

Courthouse located at 7940 Preston Road, Plano, Texas 

75024.

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

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

2. Mediation.

The parties believe mediation may be appropriate but have not yet been able to agree upon a 

mediator. The parties will update the Court on this matter at the settlement conference. 

3. Changes to the limitations on discovery. 

The parties request to be allowed 50 deposition hours per side rather than 40, but otherwise do 

not currently believe changes to the limitations set forth in the Federal Rules and Section J of the 

Court’s March 7, 2023 order are required. 

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4. The identity of persons expected to be deposed.

At this time Plaintiff anticipates deposing a corporate representative of Defendant under FRCP 

30(b)(6) and others as may be determined through discovery.

At this time, Defendant identifies the inventors of the patent-in-suit, a corporate Fed. R. Civ. P. 

30(b)(6) representative of Plaintiff, and potential prior art witnesses as individuals it is likely to 

seek to depose.

5. Issues relating to disclosure of information.

The parties have not identified any issues relating to disclosure of information and do not 

anticipate difficulty meeting the Court’s deadlines.

6. Issues relating to preservation.

The parties are not presently aware of any issues relating to preservation of discoverable 

information. 

7. The need for additional Court orders.

The parties do not believe any additional orders relating to scheduling or discovery are needed at 

this time.

8. Estimated trial time.

The parties expect trial in this matter to require five trial days.

9. Names of attorneys appearing at the management conference.

For Plaintiff: William Ramey, Jeffrey Kubiak, Kyril Talanov, or Jacob Henry all of Ramey, 

LLP.

For Defendant: Eugene Novikov, Morrison Foerster LLP

Case 4:23-cv-00085-SDJ Document 14 Filed 04/20/23 Page 5 of 7 PageID #: 164
- 2023 

Dated: April 20, 2023 Respectfully submitted,

Ramey LLP

/s/ William P. Ramey, III________________

William P. Ramey, III

Texas Bar No. 24027643

5020 Montrose Blvd., Suite 800

Houston, Texas 77006

(713) 426-3923 (telephone)

(832) 900-4941 (fax)

wramey@rameyfirm.com

Attorneys for Arena IP, LLC

Dated: April 20, 2023 Respectfully submitted,

MORRISON & FOERSTER LLP

/s/ Eugene Novikov

Brian C. Nash

Texas Bar No. 24051103

bnash@mofo.com

701 Brazos Street, Suite 1100

Austin, TX 78701

Telephone: (737) 309-0700

Facsimile: (737) 910-0730

Eugene Novikov (Pro Hac Vice)

enovikov@mofo.com

425 Market Street, Suite 3200

San Francisco, CA 94105-2482

Telephone: (415) 268-7000

Facsimile: (415) 268-7522

LEAD ATTORNEY

Shaun Patrick deLacy (Pro Hac Vice)

sdelacy@mofo.com

250 West 55th Street 

New York, NY 10019-9601

Telephone: (212) 468-8000

Facsimile: (212) 468-7900

Attorneys for Defendant Boingo Wireless, Inc.

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CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the above and foregoing document 

has been served on April 20, 2023, to all counsel of record who are deemed to have consented to 

electronic service via the Court’s CM/ECF system.

/s/ William P. Ramey, III

William P. Ramey, III

Case 4:23-cv-00085-SDJ Document 14 Filed 04/20/23 Page 7 of 7 PageID #: 166