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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

PUSH DATA LLC,

 Plaintiff,

v. 

WAYFAIR INC. and WAYFAIR LLC, 

Defendant.

Civil Action No. 4:23-cv-01126-ALM

JURY TRIAL DEMANDED 

PROPOSED SCHEDULING ORDER

Event Proposed Deadline*

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

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

June 21, 2024

P.R. 3-3 Invalidity Contentions (and P.R. 3-4 document production) to 

be served. 

July 16, 2024

Join additional parties. 

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

Disclosures on all issues, including damages.

July 16, 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 26, 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). 

July 30, 2024

Parties to exchange preliminary proposed claim construction and 

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

Aug. 9, 2024

Parties’ Final Amended Pleadings. (A motion for leave is required.) Sept. 17, 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. 

Sept. 16, 2024

*

Push Data proposes the following deadlines. Wayfair has filed a motion for a protective order 

staying discovery and all pretrial proceedings (ECF 21) pending a ruling on its motion to dismiss 

or transfer (ECF 10), which Push Data opposes. If the Court denies Wayfair’s motion for a 

protective order, Wayfair does not oppose the proposed deadlines. 

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Respond to Amended Pleadings. October 1, 2024

Completion date for discovery on claim construction. (P.R. 4-4). October 14, 2024

Opening claim construction brief. (P.R. 4-5(a)). October 29, 2024

Responsive claim construction brief. (P.R. 4-5(b)). Nov. 12, 2024

Reply claim construction brief. (P.R. 4-5(c)). Nov. 19, 2024

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

Dec. 3, 2024

Proposed Claim Construction hearing Dec. 13, 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.

Jan. 17, 2025

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. 

Jan. 3, 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). 

Feb. 14, 2025

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

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. 

Feb. 28, 2025

Mediation deadline. Feb. 28, 2025

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

completed by this deadline. 

Mar. 14, 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 CV7(e). 

Mar. 14, 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). 

June 16, 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. 

June 20, 2025

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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. 

June 23, 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

July 7, 2025

Final Pretrial Conference July 21, 2025

Jury Selection and Trial TBD 

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