1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

PUSH DATA LLC, § 

§ 

Plaintiff, § 

§ 

v. § Case No.: 4:23-cv-1126 

§ 

WAYFAIR INC. AND WAYFAIR LLC, § 

§ 

Defendants. § 

[Proposed] Amended Patent Scheduling Order

Event Current Deadline Revised 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 

Deadline to add parties. July 16, 2024 Aug. 6, 2024 

P.R. 3-3 Invalidity Contentions (and P.R. 3-4 

document production) to be served. To extent not 

already required to be disclosed, exchange 

Mandatory Disclosures on all issues, including 

damages. 

July 16, 2024 Aug. 6, 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 Sept. 3, 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 Sept. 6, 2024 

Parties to exchange preliminary proposed claim 

construction and extrinsic evidence supporting 

same. (P.R. 4-2). 

Aug. 9, 2024 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 Oct. 14, 2024 

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Completion date for discovery on claim 

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

Oct. 14, 2024 Oct. 22, 2024 

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

Submit technology synopsis (both hard copy and 

disk). 

Nov. 4, 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 

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. 

Nov. 22, 2024 

Claim construction hearing at 9:00 am at the 

Paul Brown United States Courthouse, 101 E. 

Pecan Street, Sherman, Texas.

Dec. 2, 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 that 

Patent Rules, nor an excuse to delay disclosure of 

information. It is a catchall deadline for provision 

of all remaining information that 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(2)(B). 

Feb. 14, 2025 

Comply with P.R. 3-7 on designation of willfulness 

opinions.

Feb. 14, 2025 

Parties 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). 

Feb. 28, 2025 

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Objections to any expert, including Daubert

motions, shall be filed within 3 weeks of the Expert 

Report disclosure. Such objections and motions are 

limited to ten pages.

Discovery deadline. All discovery must be served 

in time to be completed by this date.

Mar. 14, 2025 

Deadline to 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 Rules CV-7. 

Responses to motions shall be due in accordance 

with Local Rule CV-7(e).

Feb. 28, 2025 

Mediation deadline. Feb. 28, 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)).

June 16, 2025 

Deposition Designations 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 requesting cross examination 

line and page numbers to be included. Counsel 

must consult on any objections and only those that 

cannot be resolved shall be presented to the court. 

The party who served 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 

Motions in limine due. 

File Joint Final Pretrial Order (See 

www.txed.uscourts.gov). Exchange Exhibits and 

deliver copies to the court. At this date, all that is 

required to be submitted to the court is a 

June 20, 2025 

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hyperlinked exhibit list on disk (2 copies) and no 

hard copies. 

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.

Responses to motions in limine due. 

File objections to witnesses, depositions 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 and Form of 

Verdict (or Proposed Findings of Fact and 

Conclusions of Law). 

File proposed Voir Dire questions.

July 7, 2025 

Final Pretrial Conference at 9:00 a.m. at the Paul 

Brown United States Courthouse located at 101 

East Pecan Street in Sherman, Texas.

July 21, 2025 

Jury selection and trial at 10:00 a.m. at the Paul 

Brown United States Courthouse located at 101 

East Pecan Street in Sherman, Texas.

TBD 

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