“Pursuant to Federal Rule of Civil Procedure 16, the Court ORDERS that the following schedule will govern deadlines of this case: 1. The parties must mediate this case on or before July 11, 2025, and file a report in compliance with Local Rule CV-88 after the mediation is completed. 2. The parties asserting claims for relief shall submit a written offer of settlement to opposing parties on or before May 2, 2025, and each opposing party shall respond, in writing, on or before May 30, 2025. All offers of settlement are to be private, not filed. The parties are ordered to retain the written offers of settlement and responses so the Court may use them in assessing attorney’s fees and costs at the conclusion of the trial. 3. Each party shall complete and file the “Notice Concerning Reference to United States Magistrate Judge” on or before July 1, 2025. Case 6:24-cv-00245-DAE Document 50 Filed 10/31/24 Page 1 of 5 3 4. On or before December 13, 2024, Plaintiff shall serve its preliminary patent infringement contentions in the form of claim charts setting forth where in the accused product(s) each element of the asserted claim(s) are found. Plaintiff shall also identify the earliest priority date (i.e. the earliest date of invention) for each asserted claim and produce: (1) all documents evidencing conception and reduction to practice for each claimed invention, and (2) a copy of the file history for each patent in suit. 5. On or before March 6, 2025, Defendant shall serve its preliminary invalidity contentions in the form of (1) a chart setting forth where in the prior art references each element of the asserted claim(s) are found, (2) an identification of any limitations that Defendant contends are indefinite or lack written description under section 112, and (3) an identification of any claims the Defendant contends are directed to ineligible subject matter under section 101. Defendant shall also produce (1) all prior art referenced in the invalidity contentions, (2) financial data relating to the accused instrumentalities, and (3) technical documents, including software where applicable, sufficient to show the operation of the accused product(s). 6. The following deadlines shall apply to claim construction proceedings in this case: a. On June 2, 2025, the parties shall concurrently exchange a list of claim terms a party believes should be construed by the Court and identify any claim element a party contends should be governed by 35 U.S.C. § 112(f). b. On July 2, 2025, the parties shall concurrently exchange proposed constructions. c. On August 7, 2025, Defendant shall file their Opening Claim Construction Brief, with supporting evidence, including any declarations of expert witnesses in support of claim construction. The page limit for the Opening Case 6:24-cv-00245-DAE Document 50 Filed 10/31/24 Page 2 of 5 4 Claim Construction Brief shall be 20 pages, exclusive of the caption, signature block, any certificate, and exhibits. d. On August 28, 2025, Plaintiff shall file their Responsive Claim Construction Brief with supporting evidence, including any responsive declarations of expert witnesses in support of its responsive positions. The page limit for the Responsive Claim Construction Brief shall be 20 pages, exclusive of the caption, signature block, any certificate, and exhibits. e. On September 18, 2025, Defendant shall file their Reply Claim Construction Brief. The page limit for this brief shall be 10 pages, exclusive of the caption, signature block, any certificate, and exhibits. f. On September 25, 2025, the parties shall submit a Joint Claim Construction Statement. The Joint Claim Construction Statement shall include: (1) the construction of those claim terms, phrases, or clauses on which the parties agree; (2) each party’s proposed claim construction or indefiniteness position for each disputed claim term, phrase, or clause, together with an identification of all references from the specification or prosecution history that support that position, and an identification of any extrinsic evidence known to the party on which it intends to rely either to support its position or to oppose any other party’s position, including, but not limited to, as permitted by law, dictionary definitions, citations to learned treatises and prior art, and any witnesses (including experts) required to be disclosed pursuant to Section 6.c. or 6.d.; (3) the anticipated length of time necessary for the Claim Construction Hearing; (4) whether any party proposes to call Case 6:24-cv-00245-DAE Document 50 Filed 10/31/24 Page 3 of 5 5 one or more witnesses, including experts, at the Claim Construction Hearing and the identity of each such witness; and (5) a list of any other issues which might appropriately be taken up at a prehearing conference prior to the Claim Construction Hearing, and proposed dates, if not previously set, for any such prehearing conference. 7. The Markman hearing is to be set after claim construction briefing is complete. 8. The deadline to serve Final Infringement and Invalidity Contentions is six weeks after the Markman order. 9. The parties shall file all motions to amend or supplement pleadings or to join additional parties on or before January 9, 2026. 10. Except with regard to the discovery permitted under paragraphs 4, 5, and 6, all other discovery is stayed until after the Markman hearing. The parties shall complete all fact discovery on or before June 5, 2026. 11. All parties with the initial burden of proof shall exchange opening expert reports (all materials required by Federal Rule of Civil Procedure 26(a)(2)(B)) on or before July 1, 2026. The parties exchange rebuttal expert reports (all materials required by Federal Rule of Civil Procedure 26(a)(2)(B)) on or before August 31, 2026. 12. An objection to the reliability of an expert’s proposed testimony under Federal Rule of Evidence 702 shall be made by motion, specifically stating the basis for the objection and identifying the objectionable testimony. 13. The parties shall complete all expert discovery on or before October 16, 2026. 14. All dispositive and Daubert motions shall be filed on or before November 19, 2026 and shall be limited to 20 pages. Responses shall be filed and served on all other parties not later Case 6:24-cv-00245-DAE Document 50 Filed 10/31/24 Page 4 of 5 6 than 21 days after the service of the motion and shall be limited to 20 pages. Any replies shall be filed and served on all other parties no later than 7 days after the service of the response and shall be limited to 10 pages, but the Court need not wait for the reply before ruling on the motion. 15. The Court will set this case for final pretrial conference and trial at a later time. The final pretrial conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties. The parties should consult Local Rule CV-16(e) regarding matters to be filed in advance of the final pretrial conference. 16. The parties may request that this Court extend any deadline set in this Order by filing a motion on the docket. The Court may impose sanctions under Federal Rule of Civil Procedure 16(f) if the parties do not make timely submissions under this Order”