Because the April 15, 2010 Scheduling Order covers only the period of time through the
Court’s Markman Hearing and does not address discovery related to non-claim construction
issues, there is a need for a new scheduling order for discovery on the merits.

Plaintiff’s Proposal:
With respect to additional discovery, dispositive motion and pretrial deadlines, Plaintiff
proposes the following:
a. August 20, 2010 – fact discovery opens on all non-claim construction

b. Claim construction hearing: January 28, 2011 at 8:30 a.m. in Courtroom A901, 901
19th Street, Denver, CO;

c. Mediation or Settlement Conference: to be scheduled by the Court within 30 days
after the Court issues a claim construction order

d. 30 days after Court issues a claim construction order: Deadline for parties to consider
and, if appropriate, formulate a stipulation for immediately appealing the Court’s
claim construction order to the Federal Circuit should any claim construction issue be
case dispositive. The parties are required to meet and confer to determine whether
any issues are case dispositive

e. 60 days after Court issues a claim construction order: All fact discovery must be
completed (including deposition of all fact witnesses).

f. 80 days after Court issues a claim construction order – Opening expert reports.

g. 100 days after Court issues a claim construction order - Rebuttal expert reports.

h. 130 days after Court issues a claim construction order - All expert discovery must be
completed.

i. 140 days after Court issues a claim construction order - Deadline for filing dispositive
motions

j. Pretrial Conference: to be scheduled by the Court

k. Trial Date: to be scheduled by the Court