Case 2:16-cv-00980-JRG Document 135 Filed 10/19/17 Page 1 of 5 PageID #: 5080
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`INTELLECTUAL VENTURES II LLC,
`
`Plaintiff,
`
`v.
`
`FEDEX CORP., FEDERAL EXPRESS
`CORP., FEDEX GROUND PACKAGE
`SYSTEM, INC., FEDEX FREIGHT,
`INC., FEDEX CUSTOM CRITICAL
`INC., FEDEX OFFICE AND PRINT
`SERVICES, INC., and GENCO
`DISTRIBUTION SYSTEM, INC.,
`
`Defendants.
`
`Civil Action No. 2:16-cv-980-JRG
`
`JURY TRIAL DEMANDED
`
`SECOND AMENDED DOCKET CONTROL ORDER
`
`In accordance with the scheduling conference held in this case, it is hereby ORDERED
`
`that the following schedule of deadlines is in effect until further order of this Court:
`
`Current Date
`
`New Date
`
`Event
`
`May 7, 2018
`
`No Change
`
`April 9, 2018
`
`No Change
`
`April 4, 2018
`
`No Change
`
`*Jury Selection – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`in
`*Pretrial Conference – 9:00 a.m.
`Marshall, Texas before Judge Rodney
`Gilstrap
`
`*Notify Court of Agreements Reached
`During Meet and Confer
`
`The parties are ordered to meet and confer
`on any outstanding objections or motions
`in limine. The parties shall advise the
`Court of any agreements reached no later
`than 1:00 p.m. three (3) business days
`before the pretrial conference.
`
`Exhibit 2118 Page 1
`
`IV Exhibit 2118
`FedEx v. IV
`Case IPR2017-02039
`
`

`

`Case 2:16-cv-00980-JRG Document 135 Filed 10/19/17 Page 2 of 5 PageID #: 5081
`
`Current Date
`
`New Date
`
`Event
`
`April 2, 2018
`
`No Change
`
`March 26, 2018
`
`No Change
`
`*File Joint Pretrial Order, Joint Proposed
`Jury Instructions, Joint Proposed Verdict
`Form, Responses to Motions in Limine,
`Updated Exhibit Lists, Updated Witness
`Lists,
`and
`Updated
`Deposition
`Designations
`
`for Daily
`*File Notice of Request
`Transcript or Real Time Reporting.
`
`If a daily transcript or real time reporting
`of court proceedings is requested for trial,
`the party or parties making said request
`shall file a notice with the Court and e-mail
`the Court Reporter, Shelly Holmes, at
`shelly_holmes@txed.uscourts.gov.
`
`March 23, 2018
`
`No Change
`
`File Motions in Limine
`
`March 23, 2018
`
`No Change
`
`March 9, 2018
`
`No Change
`
`February 23, 2018
`
`No Change
`
`January 29, 2018
`
`No Change
`
`The parties shall limit their motions in
`limine
`to
`issues
`that
`if
`improperly
`introduced at trial would be so prejudicial
`that the Court could not alleviate the
`prejudice
`by
`giving
`appropriate
`instructions to the jury.
`
`Serve Objections
`Disclosures
`
`to Rebuttal Pretrial
`
`Serve Objections to Pretrial Disclosures;
`and Serve Rebuttal Pretrial Disclosures
`
`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List)
`by the Party with the Burden of Proof
`
`*File Motions to Strike Expert Testimony
`Daubert
`(including
`Motions)
`
`No motion to strike expert testimony
`(including a Daubert motion) may be filed
`after this date without leave of the Court.
`
`- 2 -
`
`Exhibit 2118 Page 2
`
`

`

`Case 2:16-cv-00980-JRG Document 135 Filed 10/19/17 Page 3 of 5 PageID #: 5082
`
`Current Date
`
`New Date
`
`Event
`
`January 29, 2018
`
`No Change
`
`*File Dispositive Motions
`
`No dispositive motion may be filed after
`this date without leave of the Court.
`
`Motions shall comply with Local Rule CV-
`56 and Local Rule CV-7. Motions to
`extend page limits will only be granted in
`exceptional circumstances. Exceptional
`circumstances
`require more
`than
`agreement among the parties.
`
`Deadline to Complete Expert Discovery
`
`Serve Disclosures for Rebuttal Expert
`Witnesses
`
`Deadline to Complete Fact Discovery and
`File Motions to Compel Discovery
`
`Serve Disclosures for Expert Witnesses by
`the Party with the Burden of Proof
`
`January 26, 2018
`
`January 10, 2018
`
`No Change
`
`No Change
`
`December 6, 2017
`
`No Change
`
`December 18, 2017
`
`No Change
`
`October 25, 2017
`
`December 8, 2017
`
`Deadline to Complete Mediation
`
`October 18, 2017
`
`No Change
`
`October 27, 2017
`
`No Change
`
`September 18, 2017
`
`No Change
`
`September 11, 2017
`
`No Change
`
`The parties are responsible for ensuring
`that a mediation report is filed no later than
`5 days after the conclusion of mediation.
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`*Claim Construction Hearing – 1:30 p.m.
`in Marshall, Texas before Judge Rodney
`Gilstrap
`
`*Comply with P.R. 4-5(d) (Joint Claim
`Construction Chart)
`
`*Comply with P.R. 4-5(c) (Reply Claim
`Construction Brief)
`
`- 3 -
`
`Exhibit 2118 Page 3
`
`

`

`Case 2:16-cv-00980-JRG Document 135 Filed 10/19/17 Page 4 of 5 PageID #: 5083
`
`(*) indicates a deadline that cannot be changed without showing good cause. Good cause is not
`shown merely by indicating that the parties agree that the deadline should be changed.
`
`ADDITIONAL REQUIREMENTS
`
`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
`the Court will appoint a mediator. The parties should not file a list of mediators to be considered
`by the Court.
`
`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert
`Motions: For each motion, the moving party shall provide the Court with two (2) copies of the
`completed briefing (opening motion, response, reply, and if applicable, surreply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. For expert-related motions, complete digital copies of the
`relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive.
`These copies shall be delivered as soon as briefing has completed.
`
`Indefiniteness: In lieu of early motions for summary judgment, the parties are directed
`to include any arguments related to the issue of indefiniteness in their Markman briefing, subject
`to the local rules’ normal page limits.
`
`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(c)
`
`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`The fact that one or more of the attorneys is set for trial in another court on the same day,
`unless the other setting was made prior to the date of this order or was made as a special
`provision for the parties in the other case;
`
`The failure to complete discovery prior to trial, unless the parties can demonstrate that it
`was impossible to complete discovery despite their good faith effort to do so.
`
`Amendments to the Docket Control Order (“DCO”): Any motion to alter any date on
`the DCO shall take the form of a motion to amend the DCO. The motion to amend the DCO
`shall include a proposed order that lists all of the remaining dates in one column (as above) and
`the proposed changes to each date in an additional adjacent column (if there is no change for a
`date the proposed date column should remain blank or indicate that it is unchanged). In other
`words, the DCO in the proposed order should be complete such that one can clearly see all the
`remaining deadlines and the changes, if any, to those deadlines, rather than needing to also refer
`to an earlier version of the DCO.
`
`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
`
`- 4 -
`
`Exhibit 2118 Page 4
`
`

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`Case 2:16-cv-00980-JRG Document 135 Filed 10/19/17 Page 5 of 5 PageID #: 5084
`
`-5-
`
`Exhibit 2118 Page 5
`
`