Case 2:18-cv-00546-JRG Document 167 Filed 05/22/20 Page 1 of 4 PageID #: 25875
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CANON, INC.,
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`Plaintiff,
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`v.
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`TCL ELECTRONICS HOLDINGS
`LTD., TCL CORPORATION,
`SHENZEN TCL NEW
`TECHNOLOGIES CO. LTD., TCL
`KING ELECTRICAL APPLIANCES
`(HUIZHOU) CO., LTD.,
`
`Defendants.
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`CIVIL ACTION NO. 2:18-CV-00546-JRG
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`ORDER
`Before the Court is the parties’ Joint Motion to Amend the Third Docket Control Order
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`(the “Motion”). (Dkt. No. 163.) In the Motion, the parties move to amend the Docket Control
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`Order to account for their inability to complete discovery in light of the COVID-19 pandemic. (Id.)
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`The parties argue that good cause exists to extend deadlines because they have been unable to
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`conduct depositions of foreign-based witnesses due to travel restrictions and declared states of
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`emergency in light of the pandemic. (Id. at 1.) Having considered the Motion, the Court notes
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`that the parties specifically identify impediments to proceeding with the above-captioned case, and
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`that the parties have met and conferred to specifically identify solutions thereto. The Court is of
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`the opinion that the Motion therefore should be and hereby is GRANTED-IN-PART and
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`DENIED-IN-PART. It is therefore ORDERED that the below schedule governs deadlines in the
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`above-captioned case until further order of the Court.
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`Roku Exhibit 1035
`Roku, Inc. v. Canon Kabushiki Kaisha
`Page 00001
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`

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`Case 2:18-cv-00546-JRG Document 167 Filed 05/22/20 Page 2 of 4 PageID #: 25876
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`Current
`Deadline
`September
`14, 2020
`
`August 27,
`2020
`
`August 3,
`2020
`
`August 3,
`2020
`
`August 3,
`2020
`
`July 27,
`2020
`
`August 10,
`2020
`
`August 10,
`2020
`
`Amended
`Deadline
`October 26,
`2020
`
`October 12, 2020
`
`Event
`
`* 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
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`October 7, 2020
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`September 25, 2020 *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 questionnaires
`*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.
`September 28, 2020 *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.
`September 21, 2020 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.
`September 21, 2020 Serve Objections to Rebuttal Pretrial Disclosures
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`October 5, 2020
`
`August 3,
`2020
`
`September 14, 2020 Serve Objections to Pretrial Disclosures; and Serve
`Rebuttal Pretrial Disclosures
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`
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`2
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`Roku Exhibit 1035
`Page 00002
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`

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`Case 2:18-cv-00546-JRG Document 167 Filed 05/22/20 Page 3 of 4 PageID #: 25877
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`Current
`Deadline
`July 20,
`2020
`
`Amended
`Deadline
`September 7,
`2020
`
`July 13,
`2020
`
`August 31,
`2020
`
`June 29,
`2020
`
`June 29,
`2020
`
`August 17, 2020
`
`August 17, 2020
`
`June 22,
`2020
`
`August 10, 2020
`
`Event
`
`Serve Pretrial Disclosures (Witness List, Deposition
`Designations, and Exhibit List) by the Party with the
`Burden of Proof
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`*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.
`*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
`
`June 15,
`2020
`
`August 3,
`2020
`
`Serve Disclosures for Rebuttal Expert Witnesses
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`June 22,
`2020
`
`July 24,
`2020
`
`Deadline to Complete Fact Discovery and File Motions
`to Compel Discovery
`
`May 25,
`2020
`
`July 24,
`2020
`
`Serve Disclosures for Expert Witnesses by the Party with
`the Burden of Proof
`
`
`
`
`
`3
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`Roku Exhibit 1035
`Page 00003
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`Case 2:18-cv-00546-JRG Document 167 Filed 05/22/20 Page 4 of 4 PageID #: 25878
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 22nd day of May, 2020.
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`Roku Exhibit 1035
`Page 00004
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