Exhibit 1

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 1 of 11 PageID #: 259
1

Optimum Imaging Technologies LLC v. Fujifilm Corp. et al.: Draft Proposed Schedule

Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

Rule 26(f) 

attorney 

conference

Rule 26(f) Attorney 

Conference

August 22, 2024

Motions to 

Transfer

Deadline to file Motions to 

Transfer

August 29, 2024 

Joint Case 

Management 

Report

Joint Report from Rule 

26(f) Conference

September 10, 2024 

To be discussed at 

Mgmt. Conf. 

Scheduling Conference

Mediation. The Court will 

discuss appointing a 

mediator at the Scheduling 

Conference.

September 19, 2024

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.

September 27, 2024

5 weeks after 

Mgmt. Conf. 

Join Additional Parties October 24, 2024

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 2 of 11 PageID #: 260
2

Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

5 weeks after 

Mgmt. Conf. 

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 Initial 

Disclosures and Mandatory 

Disclosures on all issues, 

including damages.

December 4, 2024

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, ¶ 6 (P.R. 4-1).

December 9, 2024

7 weeks after 

Mgmt. Conf. 

Privilege Logs to be 

exchanged by parties.

December 4, 2024

No later than 65 

days after Mgmt. 

Conf.

Parties to exchange 

preliminary proposed claim 

construction and extrinsic 

evidence supporting same 

(P.R. 4-2).

December 20, 2024

13 weeks after 

Mgmt. Conf. (A 

motion for leave is 

required.)

Parties’ Final Amended 

Pleadings

December 19, 2024

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 3 of 11 PageID #: 261
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Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

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.

January 10, 2025

16 weeks after 

Mgmt. Conf.

Respond to Amended 

Pleadings

January 9, 2025

No later than 125 

days after Mgmt. 

Conf. 

Completion date for 

discovery on claim 

construction (P.R. 4-4).

January 31, 2025

No later than 125 

days after Mgmt. 

Conf. 

Plaintiff 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.

Plaintiff does not 

agree with adding 

this deadline or 

using the Model 

Order Focusing 

Patent Claims and 

Prior Art. Neither 

the Local Patent 

Rules nor the 

Court’s Appendix B 

include this 

limitation.

January 31, 2025

This deadline is 

from the Court’s 

Model Order 

Focusing Patent 

Claims and Prior 

Art and the 

Asserted Patents 

include over 100 

patent claims.

No later than 140 

days after Mgmt. 

Conf.

Plaintiff’s Opening claim 

construction brief (P.R. 4-

5(a)).

February 7, 2025

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 4 of 11 PageID #: 262
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Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

2 weeks after 

Preliminary 

Election of 

Asserted Claims

Defendants 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

Plaintiff does not 

agree with adding 

this deadline or 

using the Model 

Order Focusing 

Patent Claims and 

Prior Art. Neither 

the Local Patent 

Rules nor the 

Court’s Appendix B 

include this 

limitation.

February 14, 2025

 

This deadline is 

from the Court’s 

Model Order 

Focusing Patent 

Claims and Prior 

Art and the 

Asserted Patents 

include over 100 

patent claims.

4 weeks before 

claim construction 

hearing

Submit technology 

synopsis/tutorial (both hard 

copy and disk).

February 14, 2025

No later than 2 

weeks after claim 

construction brief. 

Defendant’s Responsive 

claim construction brief 

(P.R. 4-5(b)).

February 21, 2025

No later than 7 

days after 

response

Plaintiff’s Reply claim 

construction brief (P.R. 4-

5(c)).

February 28, 2025

At least 10 days 

before claim 

construction 

hearing

Parties to file joint claim 

construction and chart (P.R. 

4-5(d)). 

March 4, 2025

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 5 of 11 PageID #: 263
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Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

Proposed Claim 

Construction hearing 

March 14, 2025, at 9:00 

a.m. at the Paul Brown 

United States Courthouse, 

101 E. Pecan Street, 

Sherman, Texas 75090.

March 14, 2025

5 weeks after 

claim construction 

hearing 

(Fact Discovery deadline)

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. 

April 18, 2025

28 days before 

service of expert 

reports

Plaintiff to 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.

Plaintiff does not 

agree with adding 

this deadline or 

using the Model 

Order Focusing 

Patent Claims and 

Prior Art. Neither 

the Local Patent 

Rules nor the 

Court’s Appendix B 

include this 

limitation.

April 4, 2025

This deadline is 

from the Court’s 

Model Order 

Focusing Patent 

Claims and Prior 

Art and the 

Asserted Patents 

include over 100 

patent claims.

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 6 of 11 PageID #: 264
6

Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

Date for service of 

expert reports

Defendants 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.

Plaintiff does not 

agree with adding 

this deadline or 

using the Model 

Order Focusing 

Patent Claims and 

Prior Art. Neither 

the Local Patent 

Rules nor the 

Court’s Appendix B 

include this 

limitation.

May 2, 2025

This deadline is 

from the Court’s 

Model Order 

Focusing Patent 

Claims and Prior 

Art and the 

Asserted Patents 

include over 100 

patent claims.

9 weeks after 

claim construction 

hearing 

Burden of Proof Expert 

Reports 

May 2, 2025

Comply with P.R. 3-7. 

(Designation of Willfulness

Opinions).

May 2, 2025

11 weeks after 

claim construction

Rebuttal Expert Reports June 6, 2025

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 7 of 11 PageID #: 265
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Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

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.

Daubert Motions on 

Burden of Proof Expert 

reports

May 23, 2025

Close of Expert discovery June 20, 2025

13 weeks after 

claim construction 

hearing

(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).

July 3, 2025

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 8 of 11 PageID #: 266
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Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

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.

Daubert Motion on 

Rebuttal Expert reports

July 3, 2025

5 weeks before 

final pretrial conf

Notice of intent to offer 

certified records

September 19, 2025

5 weeks before 

final pretrial conf

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 and 

Proposed Jury Instructions 

and Verdict.

September 19, 2025

30 days before 

final pretrial conf 

Motions in limine due

File Joint Final Pretrial 

Order. Exchange Exhibits 

and deliver

copies to the court. 

September 29, 2025

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 9 of 11 PageID #: 267
9

Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

4 weeks before 

final pretrial conf

Deposition Designations

due

October 6, 2025 

Response to Deposition 

Designations

October 17, 2025

2 weeks before 

final pretrial conf

Response to motions in 

limine due File objections 

to witnesses, deposition 

extracts, and exhibits, 

listed in pre-trial order. File 

Proposed Jury 

Instructions/Form of 

Verdict.

Notify court reporter to 

request daily copy of the 

transcript during trial

October 17, 2025 

October 29, 2025 Final Pretrial Conference at 

10:00 a.m. at the Paul 

Brown United States 

Courthouse, 101 E. Pecan 

Street, Sherman, Texas 

75090.

October 29, 2025

(set by Court)

Plaintiff requests 

the pretrial 

conference be 

rescheduled at least 

three weeks later as 

Plaintiff’s counsel 

has a trial in 

another matter in 

N.D. Cal. beginning 

the week of 

October 27, 2025.

Defendants do not 

oppose Plaintiff’s 

request that the 

pretrial conference 

be rescheduled at 

least three weeks 

later due to 

Plaintiff’s counsel’s 

trial in another 

matter in N.D. Cal. 

beginning the week 

of October 27, 2025

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 10 of 11 PageID #: 268
10

Court Proposed 

Deadline

Event Joint Proposed 

Date

OIT

Proposed Date

Defendants 

Proposed Date

TBD 10:00 a.m. Jury Selection 

and Trial at the Paul Brown 

United States Courthouse 

located at 101 East Pecan 

Street in Sherman, Texas.

November 17, 2025

or a date to be set 

by the Court

(assumes 5 days 

jury trial for first 

trial)

A date to be set by 

the Court

Case 4:23-cv-00927-ALM Document 41-1 Filed 09/10/24 Page 11 of 11 PageID #: 269