Case 2:18-cv-00546-JRG Document 89 Filed 01/02/20 Page 1 of 6 PageID #: 4058
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CIVIL ACTION NO. 2:18-cv-00546
`
`JURY TRIAL DEMANDED
`
`CANON, INC.
`
`Plaintiff,
`
`vs.
`TCL ELECTRONICS HOLDINGS LTD., TCL
`CORPORATION,
`SHENZHEN TCL NEW TECHNOLOGIES
`CO. LTD.,
`TCL KING ELECTRICAL APPLIANCES
`(HUIZHOU) CO., LTD.,
`
`Defendants.
`
` 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
`Deadline
`
`Amended
`Deadline
`
`Event
`
`September
`14, 2020
`
`August 10,
`2020
`
`August 3,
`2020
`
`* Jury Selection - 9:00 a.m. in Marshall, Texas before Judge Rodney
`Gilstrap
`
`* Pretrial Conference - 9:00 a.m. in Marshall, Texas before Judge
`Rodney Gilstrap
`
`*Notify Deputy Clerk in Charge regarding the date and time by
`which juror questionnaires shall be presented to accompany by jury
`summons if the Parties desire to avail themselves the benefit of using
`juror questionnaires1
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir
`Dire.
`
`- 1 -
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`Page 1 of 6
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`CANON EXHIBIT 2001
`Roku, Inc. v. Canon Kabushiki Kaisha
`IPR2020-00343
`
`

`

`Case 2:18-cv-00546-JRG Document 89 Filed 01/02/20 Page 2 of 6 PageID #: 4059
`
`Current
`Deadline
`
`August 3,
`2020
`
`August 3,
`2020
`
`July 27,
`2020
`
`July 20,
`2020
`
`July 20,
`2020
`
`July 13,
`2020
`
`June 29,
`2020
`
`June 22,
`2020
`
`Amended
`Deadline
`
`Event
`
`*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.
`
`*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
`
`*File Notice of Request for Daily 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.
`
`File Motions in Limine
`
`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 to Rebuttal Pretrial Disclosures
`
`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
`
`*Response to Dispositive Motions (including Daubert Motions).
`Responses to dispositive motions that were filed prior to the
`dispositive motion deadline, including Daubert Motions, shall be due
`in accordance with Local Rule CV-7(e), not to exceed the deadline
`as set forth in this Docket Control Order.2 Motions for Summary
`Judgment shall comply with Local Rule CV-56.
`
`2 The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to oppose a motion in
`the manner prescribed herein creates a presumption that the party does not controvert the facts set out by movant and
`has no evidence to offer in opposition to the motion.” If the deadline under Local Rule CV 7(e) exceeds the deadline
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`Case 2:18-cv-00546-JRG Document 89 Filed 01/02/20 Page 3 of 6 PageID #: 4060
`
`Current
`Deadline
`
`Amended
`Deadline
`
`Event
`
`June 8,
`2020
`
`June 8,
`2020
`
`June 1,
`2020
`
`May 18,
`2020
`
`April 27,
`2020
`
`April 27,
`2020
`
`April 8,
`2020
`
`March 18,
`2020
`
`March 4,
`2020
`
`February
`26, 2020
`
`February
`19, 2020
`
`*File Motions to Strike Expert Testimony (including Daubert
`Motions)
`
`No motion to strike expert testimony (including a Daubert motion)
`may be filed after this date without leave of the Court.
`
`*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
`
`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)
`
`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
`
`for Response to Dispositive Motions, the deadline for Response to Dispositive Motions controls.
`- 3 -
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`Page 3 of 6
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`Case 2:18-cv-00546-JRG Document 89 Filed 01/02/20 Page 4 of 6 PageID #: 4061
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`Current
`Deadline
`
`Amended
`Deadline
`
`Event
`
`February 5,
`2020
`
`Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and
`Submit Technical Tutorials (if any)
`
`Good cause must be shown to submit technical tutorials after the
`deadline to comply with P.R. 4-5(a).
`
`February 5,
`2020
`
`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
`
`Counsel are expected to make good faith efforts to produce all
`required documents as soon as they are available and not wait until
`the substantial completion deadline.
`
`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
`
`File Response to Amended Pleadings
`
`*File Amended Pleadings
`
`It is not necessary to seek leave of Court to amend pleadings prior to
`this deadline unless the amendment seeks to assert additional patents.
`
`Comply with P.R. 4-3 (Joint Claim Construction Statement)
`
`January 22,
`2020
`
`January 20,
`2020
`
`January 6,
`2020
`
`December
`30, 2019
`
`December
`30, 2019
`
`January 6,
`2020
`
`Deadline to serve claim construction expert report and/or declaration
`
`December
`4, 2019
`
`December
`4, 2019
`
`November
`13, 2019
`
`November
`1, 2019
`
`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
`
`Deadline to disclose name of any expert who will provide claim
`construction expert report and/or declaration
`
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`
`Comply with Standing Order Regarding Subject-Matter Eligibility
`Contentions3
`
`3 http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re%20Subject%20Ma
`tter%20Eligibility%20Contentions%20.pdf
`
`- 4 -
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`Case 2:18-cv-00546-JRG Document 89 Filed 01/02/20 Page 5 of 6 PageID #: 4062
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`Current
`Deadline
`
`Amended
`Deadline
`
`Event
`
`November
`1, 2019
`
`November
`6, 2019
`
`November
`1, 2019
`
`October 30,
`2019
`
`November
`6, 2019
`
`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
`
`*File Proposed Protective Order and Comply with Paragraphs 1 & 3
`of the Discovery Order (Initial and Additional Disclosures)
`
`The Proposed Protective Order shall be filed as a separate motion
`with the caption indicating whether or not the proposed order is
`opposed in any part.
`
`*File Proposed Discovery Order
`
`The Proposed Docket Control Order and Proposed Discovery Order
`shall be filed as separate motions with the caption indicating whether
`or not the proposed order is opposed in any part.
`
`*File Proposed Docket Control Order
`
`The Proposed Docket Control Order and Proposed Discovery Order
`shall be filed as separate motions with the caption indicating whether
`or not the proposed order is opposed in any part.
`
`Join Additional Parties
`
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`
`September
`6, 2019
`(*) 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
`
`Mediation: While certain cases may benefit from mediation, such may not be appropriate
`for every case. The Court ORDERS the Parties to file a Joint Notice indicating whether the case
`should be referred for mediation by December 26, 2019. As a part of such Joint Notice, the Parties
`should indicate whether they have a mutually agreeable mediator for the Court to consider. If the
`Parties disagree about whether mediation is appropriate, the Parties should set forth a brief statement
`of their competing positions in the Joint Notice
`
`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert
`Motions: For each motion, the moving party shall provide the Court with two (2) hard copies of the
`completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and must
`include the CM/ECF header. These copies shall be delivered to the Court within three (3) business
`days after briefing has completed. For expert-related motions, complete digital copies of the relevant
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`Case 2:18-cv-00546-JRG Document 89 Filed 01/02/20 Page 6 of 6 PageID #: 4063
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`expert report(s) and accompanying exhibits shall be submitted on a single flash drive to the Court.
`Complete digital copies of the expert report(s) shall be delivered to the Court no later than the
`dispositive motion deadline.
`
`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’).”
`
`- 6 -
`
`So Ordered this
`Dec 31, 2019
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`Page 6 of 6
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