Remaining Case Deadlines

Unless the district court orders otherwise, not later than 42 days after filing by the court of its claim construction order, the parties shall submit via email to chambers a proposed scheduling order for the remaining deadlines in this action, and the parties’ positions on whether further mediation would be beneficial prior to the close of discovery. 12 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI _______________________, Plaintiff(s), v. Case No. _________ ________________________, Defendant(s).

INITIAL PATENT SCHEDULING ORDER

On [date], in accordance with Fed. R. Civ. P. 16, the undersigned United States District Court Judge conducted a scheduling conference in this case with the parties.1 Plaintiff appeared [through counsel, (list attorneys)] [in person]. Defendant appeared [through counsel, (list attorneys)] [in person]. After consultation with the parties and mindful of the Patent Local Rules for this District, the Court enters this initial patent scheduling order: 1As used in this initial patent scheduling order, the term “plaintiff” includes plaintiffs as well as counterclaimants, cross-claimants, third-party plaintiffs, intervenors, and any other parties who assert affirmative claims for relief. The term “defendant” includes defendants as well as counterclaim defendants, cross-claim defendants, third-party defendants, and any other parties who are defending against affirmative claims for relief.

SUMMARY OF DEADLINES AND SETTINGS (Pre-Claim Construction Order) EVENT DEADLINE/SETTING Service of Rule 26(a) Initial Disclosures Deadline for amending pleadings Deadline for completing Mediation and Assessment Program (“MAP”) Submit Proposed Protective Order Service of Disclosure of Asserted Claims and Infringement Contentions and Document Production Accompanying Disclosure Service of Invalidity Contentions and Document Production Accompanying Invalidity Contentions Exchange of Proposed Terms for Construction [See Local Rule 26.1(a)] [See generally Local Rule 15.1] [75 days after Rule 26(f) Meeting] [14 days before Rule 16 Conference] [7 days after Rule 16 Conference] [70 days after service of Disclosure of Asserted Claims and Infringement Contentions] [14 days after service of Invalidity Contentions] Exchange of Preliminary Claim Constructions and Extrinsic Evidence [21 days after exchange of Proposed Terms for Construction] File Joint Claim Construction Statement Close of claim construction discovery File Opening Claim Construction Brief File Responsive Claim Construction Brief File Reply Claim Construction Brief File Final Claim Construction Chart [42 days after exchange of Proposed Terms for Construction] [14 days after filing of Joint Claim Construction Statement] [21 days after filing of Joint Claim Construction Statement] [21 days after service of opening brief] [14 days after service of responsive brief] [7 days before claim construction hearing] Claim Construction Hearing (court’s discretion) [to be determined] 2 1. Modification to Patent Local Rules. The parties propose the following modifications to the obligations or deadlines set forth in the Patent Local Rules. (List modifications to the obligations or deadlines and provide a concise explanation for the modification.) 2.

Discovery. a. The court [considered] [resolved] the following discovery problem(s) raised by one or more of the parties. (List problems and proposed resolutions, if any.) b. The parties agree that electronically stored information (ESI) in this case will be handled as follows: (Describe the parties’ ESI agreement.) c. No party may serve more than __ interrogatories, including all discrete subparts, on any other party. d. No more than __ depositions may be taken by plaintiff, and no more than __ depositions may be taken by defendant. Each deposition is limited to __ hours [except for the deposition(s) of __________________________, which is limited to __ hours]. This initial patent scheduling order will not be modified except by leave of court upon a showing of good cause.

IT IS SO ORDERED.

Dated _____________ __, 20__, at ________________, Missouri. ______________________________________ (Judge’s name) United States District Court Judge 3 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI _______________________, Plaintiff(s), v. Case No. _________ ________________________, Defendant(s). SUPPLEMENTAL PATENT SCHEDULING ORDER FOR REMAINING DEADLINES AFTER FILING OF COURT’S CLAIM CONSTRUCTION ORDER On [date], in accordance with Patent L.R. 4.7 and the Court’s Initial Patent Scheduling Order, the undersigned United States District Court Judge, after receipt of parties’ proposed scheduling order and further considering the Patent Local Rules for this District, the Court enters this supplemental patent scheduling order1: 1As used in this supplemental patent scheduling order, the term “plaintiff” includes plaintiffs as well as counterclaimants, cross-claimants, third-party plaintiffs, intervenors, and any other parties who assert affirmative claims for relief. The term “defendant” includes defendants as well as counterclaim defendants, cross-claim defendants, third-party defendants, and any other parties who are defending against affirmative claims for relief. SUMMARY OF DEADLINES AND SETTINGS (After Filing by Court of Its Claim Construction Order) EVENT DEADLINE/SETTING Service of Amended Infringement Contentions (if applicable) [28 days after filing by court of its claim construction order] Deadline for Notification of Reliance on Advice of Counsel [35 days after filing by court of its claim construction order] Parties submit joint proposed scheduling order for remaining deadlines in action and positions on further mediation Service of Amended Invalidity Contentions (if applicable) Close of Fact Discovery [42 days after filing by court of its claim construction order] [56 days after filing by court of its claim construction order] [70 days after filing by court of its claim construction order] Service of Opening Expert Reports for the Party Bearing Burden of Proof [21 days after close of fact discovery] Service of Rebuttal Expert Reports Final Supplementation of disclosures under Rule 26(e) Close of Expert Discovery Dispositive motions and Daubert motions Submit Pretrial Order (if applicable) Pretrial Conference (if applicable) Trial date [21 days after service of opening expert reports] [42 days before deadline for completion of all discovery] [28 days after service of rebuttal reports] [35 days after close of expert discovery] [to be determined] [to be determined] [See Local Rule 16.2] [to be determined]  Suggested deadline, for consideration at the Court’s discretion.

2 1. Modification to Patent Local Rules. The parties propose the following modifications to the obligations or deadlines set forth in the Patent Local Rules. (List modifications to the obligations or deadlines and provide a concise explanation for the modification.) 2.

Discovery. a. The court [considered] [resolved] the following discovery problem(s) raised by one or more of the parties. (List problems and proposed resolutions, if any.) b. The parties will be bound by the Court’s Initial Patent Scheduling Order regarding electronically stored information (ESI), service of interrogatories, and taking of depositions. This supplemental patent scheduling order will not be modified except by leave of court upon a showing of good cause.

IT IS SO ORDERED.

Dated _____________ __, 20__, at ________________, Missouri. ______________________________________ (Judge’s name) United States District Court Judge 3