1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION

WAPP TECH LIMITED 

PARTNERSHIP and 

WAPP TECH CORP.,

Plaintiffs,

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v.

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§ 

§

Civil Action No. 4:23-cv-1137

JPMORGAN CHASE 

BANK, N.A.

 Defendant.

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JURY TRIAL DEMANDED

PROPOSED AMENDED SCHEDULING ORDER

Original Date Amended 

Date

Description

June 11, 2024 Deadline to add parties.

June 11, 2024 June 11, 2024 P.R. 3-4(a) document production to be served. 

To extent not already required to be disclosed, exchange 

Mandatory Disclosures on all issues, including 

damages.

June 11, 2024 June 21, 2024 P.R. 3-3 Invalidity Contentions (and P.R. 3-4(b)

document production) to be served. 

June 21, 2024 Parties to disclose whether they believe claim 

construction experts are needed.

June 21, 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). 

June 25, 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). 

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Original Date Amended 

Date

Description

July 11, 2024 Parties to exchange preliminary proposed claim 

construction and extrinsic evidence supporting same 

(P.R. 4-2).

August 6, 2024 Parties’ final amended pleadings.

(A motion for leave is required.)

August 9, 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.

August 27, 2024 Response to amended pleadings.

September 9, 2024 Completion date for discovery on claim construction 

(P.R. 4-4). 

Plaintiffs 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.

September 23, 2024 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.

September 24, 2024 Opening claim construction brief (P.R. 4-5(a)).

October 11, 2024 Submit technology synopsis (both hard copy and disk).

October 8, 2024 Responsive claim construction brief (P.R. 4-5(b)).

October 15, 2024 Reply claim construction brief (P.R. 4-5(c)).

October 29, 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.

November 8, 2024 Claim Construction Hearing at 9:00 am at the Paul 

Brown United States Courthouse, 101 E. Pecan Street, 

Sherman, Texas.

January 6, 2025 Plaintiffs shall serve a Final Election of Asserted 

Claims, which shall identify no more than five asserted 

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Original Date Amended 

Date

Description

claims per patent from among the ten previously 

identified claims and no more than a total of 16 claims.

January 17, 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 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.

January 17, 2025 Fact Discovery deadline. All fact discovery must be 

served in time to be completed by this date.

January 31, 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).

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.

January 31, 2025 Comply with P.R. 3-7 on designation of willfulness 

opinions.

January 31, 2025 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.

February 28, 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).

Objections to any expert, including Daubert motions, 

shall be filed within 3 weeks of the Expert Report 

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Original Date Amended 

Date

Description

disclosure. Such objections and motions are limited to 

ten pages.

March 14, 2025 Expert Discovery deadline. All expert discovery must 

be served in time to be completed by this date.

March 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).

30 days after entry 

of the claim 

construction order

Mediation deadline.

April 30, 2025 The parties will meet and confer to discuss further 

reducing the number of asserted claims and prior art 

references.

June 27, 2025 Notice of intent to offer certified records.

June 27, 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)).

July 2, 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 

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Original Date Amended 

Date

Description

edited video in accordance with all parties’ designations 

and the court’s rulings on objections. 

July 2, 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 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.

July 18, 2025 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). 

August 1, 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.

TBD 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.

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