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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

CONSOLIDATED TRANSACTION 

PROCESSING LLC,

Plaintiff,

v.

WALGREENS CO., D/BA WALGREENS,

Defendant.

C.A. No. 4:23-cv-1078-ALM

JURY TRIAL DEMANDED

PROPOSED SCHEDULING ORDER

Court’s 

Proposed 

Deadlines

Agreed 

Proposed 

Deadlines

Description

(10 days after 

Mgmt. Conf. 

(“CMC”))

Friday, June 21, 

2024

Friday, June 21, 

2024 P.R. 3-1 Disclosure of Asserted Claims and Infringement 

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

served.

(5 weeks after 

CMC)

Tuesday, July 

16, 2024

Tuesday, July 

16, 2024

Join Additional Parties 

(5 weeks after 

CMC)

Tuesday, July 

16, 2024

Tuesday, July 

16, 2024

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.

(No later than 

45 days after 

CMC)

Friday, July 26, 

2024

Friday, July 26, 

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).

Case 4:23-cv-01078-ALM Document 35-1 Filed 05/23/24 Page 1 of 6 PageID #: 488
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Court’s 

Proposed 

Deadlines

Agreed 

Proposed 

Deadlines

Description

(7 weeks after 

CMC)

Tuesday, July 

30, 2024

Tuesday, July 

30, 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).

(No later than 

65 days after 

CMC)

Thursday,

August 15, 2024

Thursday,

August 15, 2024 Parties to exchange preliminary proposed claim 

construction and extrinsic evidence supporting same. (P.R. 

4-2).

(13 weeks after 

CMC)

Tuesday, 

September 10, 

2024

Tuesday, 

September 10, 

2024 Parties’ Final Amended Pleadings. (A motion for leave is 

required.)

(No later than 

95 days after 

CMC)

Saturday, 

September 14, 

2024

Monday, 

September 16, 

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.

(16 weeks after 

CMC)

Tuesday, 

October 1, 2024

Tuesday, 

October 1, 2024

Respond to Amended Pleadings.

(No later than 

125 days after 

CMC)

Monday, 

October 14, 

2024

Monday, 

October 14, 

2024

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

4-4).

(No later than 

140 days after 

CMC)

Tuesday, 

October 29, 

2024

Opening claim construction brief. 

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

Case 4:23-cv-01078-ALM Document 35-1 Filed 05/23/24 Page 2 of 6 PageID #: 489
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Court’s 

Proposed 

Deadlines

Agreed 

Proposed 

Deadlines

Description

Tuesday, 

October 29, 

2024

(No later than 2 

weeks after 

claim 

construction 

(“CC”) brief)

Tuesday, 

November 12, 

2024

Tuesday, 

November 12, 

2024

Responsive claim construction brief. 

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

(No later than 7 

days after 

responsive CC 

brief)

Tuesday, 

November 19, 

2024

Tuesday, 

November 19, 

2024

Reply claim construction brief. 

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

(4 weeks before 

CC hearing)

Tuesday, 

November 5, 

2024

Tuesday, 

November 5, 

2024

Submit technology synopsis/tutorial (both hard copy and 

disk).

(At least 10 days 

before CC 

hearing)

Saturday, 

November 23, 

2024

Monday, 

November 25, 

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.

Claim 

Construction 

Hearing

Tuesday, 

December 3, 

2024 

Claim Construction hearing December 3, 2024, at 9:00 

a.m. at the Paul Brown United States Courthouse, 101 E. 

Pecan Street, Sherman, Texas 75090

Case 4:23-cv-01078-ALM Document 35-1 Filed 05/23/24 Page 3 of 6 PageID #: 490
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Court’s 

Proposed 

Deadlines

Agreed 

Proposed 

Deadlines

Description

Tuesday, 

December 3, 

2024 

(5 weeks after 

CC hearing)

Tuesday, 

January 7, 2025

Tuesday, 

January 7, 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 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.

(9 weeks after 

CC hearing)

Tuesday, 

February 4, 

2025

Tuesday, 

February 4, 

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).

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

Opinions).

(11 weeks after 

CC hearing)

Tuesday, 

February 18, 

2025

Tuesday, 

February 18, 

2025

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.

(13 weeks after 

CC hearing and 

no later than 

110 days prior 

to the filing of 

the Joint Final 

PTO)

Tuesday, March 

4, 2025

Tuesday, March 

4, 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 CV-7(e).

(13 weeks after 

CC hearing) Tuesday, March 

4, 2025 Fact Discovery Deadline. All fact discovery must be 

served in time to be completed by this date. 

Case 4:23-cv-01078-ALM Document 35-1 Filed 05/23/24 Page 4 of 6 PageID #: 491
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Court’s 

Proposed 

Deadlines

Agreed 

Proposed 

Deadlines

Description

Tuesday, March 

4, 2025

(5 weeks before 

final pretrial 

conference 

“PTC”)

Monday, June 

16, 2025

Monday, June 

16, 2025

Notice of intent to offer certified records.

(5 weeks before 

PTC)

Monday, June 

16, 2025

Monday, 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).

(30 days before 

PTC)

Saturday, June 

21, 2025

Monday, June 

23, 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.

(4 weeks before 

PTC)

Monday, June 

23, 2025

Monday, June 

23, 2025

Deposition Designation 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 crossexamination 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, 

the applicable Federal Rules of Civil Procedure, and the 

Court’s rulings on objections.

Case 4:23-cv-01078-ALM Document 35-1 Filed 05/23/24 Page 5 of 6 PageID #: 492
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Court’s 

Proposed 

Deadlines

Agreed 

Proposed 

Deadlines

Description

(2 weeks before 

PTC)

Monday, July 7, 

2025

Monday, July 7, 

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 

the final pretrial conference.

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 21, 2025 July 21, 2025

Final Pretrial Conference at 2:30 p.m. at the Paul 

Brown United States Courthouse, 101 E. Pecan Street, 

Sherman,

Texas 75090

To be

determined

10:00 a.m. Jury Selection and Trial at the Paul Brown 

United States Courthouse, 101 E. Pecan Street, Sherman, 

Texas 75090.

Case 4:23-cv-01078-ALM Document 35-1 Filed 05/23/24 Page 6 of 6 PageID #: 493