Case 2:21-cv-00128-JRG Document 74 Filed 01/03/22 Page 1 of 6 PageID #: 1037
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`Case No. 2:21-cv-00128-JRG
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`Defendant.
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`Case No. 2:21-cv-00129-JRG
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`VOCALIFE LLC,
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`v.
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`BOSE CORPORATION,
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`VOCALIFE LLC,
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`v.
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`SONOS, INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Defendant.
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`SECOND AMENDED DOCKET CONTROL ORDER
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`It is hereby ORDERED that the following schedule of deadlines is in effect until further
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`order of this Court:
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`Original Date
`September 12, 2022
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`August 15, 2022
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`August 8, 2022
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`Amended Date
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`Event
`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`*If a juror questionnaire is to be used, an
`editable (in Microsoft Word format)
`questionnaire shall be jointly submitted to the
`Deputy Clerk in Charge by this date.1
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`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
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`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires
`in Advance of Voir Dire.
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`Page 1 of 6
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`SONOS EXHIBIT 1047
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`Case 2:21-cv-00128-JRG Document 74 Filed 01/03/22 Page 2 of 6 PageID #: 1038
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`Original Date
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`Amended Date
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`August 1, 2022
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`August 1, 2022
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`July 25, 2022
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`July 15, 2022
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`July 15, 2022
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`July 8, 2022
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`June 24, 2022
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`Event
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`*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.
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`*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.
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`*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, Shawn McRoberts, at
`shawn_mcroberts@txed.uscourts.gov.
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`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.
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`Serve Objections to Rebuttal Pretrial
`Disclosures.
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`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures.
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`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List) by
`the Party with the Burden of Proof.
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`Case 2:21-cv-00128-JRG Document 74 Filed 01/03/22 Page 3 of 6 PageID #: 1039
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`Original Date
`June 20, 2022
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`Amended Date
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`June 6, 2022
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`June 6, 2022
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`May 27, 2022
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`May 13, 2022
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`April 22, 2022
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`April 29, 2022
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`Event
`*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
`CV7-(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.
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`*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.
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`*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.
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`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert
`Witnesses
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`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
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`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
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`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 for Response to Dispositive
`Motions, the deadline for Response to Dispositive Motions controls.
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`Case 2:21-cv-00128-JRG Document 74 Filed 01/03/22 Page 4 of 6 PageID #: 1040
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`Original Date
`April 7, 2022
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`Amended Date
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`March 17, 2022
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`March 3, 2022
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`March 10, 2022
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`February 24, 2022 March 3, 2022
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`February 17, 2022
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`February 24, 2022
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`February 3, 2022
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`February 10, 2022
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`February 3, 2022
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`January 20, 2022
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`January 13, 2022
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`December 30, 2021
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`December 29, 2021
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`January 7, 2022
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`Event
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
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`*Claim Construction Hearing – 9:00 a.m. in
`Marshall, Texas before Judge Rodney Gilstrap
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`*Comply with P.R. 4-5(d) (Joint Claim
`Construction Chart)
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`*Comply with P.R. 4-5(c) (Reply Claim
`Construction Brief)
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`*Comply with P.R. 4-5(b) (Responsive Claim
`Construction Brief)
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`*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)
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`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.
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`Comply with P.R. 4-4 (Deadline to Complete
`Claim Construction Discovery)
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`File Response to Amended Pleadings
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`*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.
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`Plaintiff’s Source Code Amendments to
`Infringement Contentions to be served.
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`Case 2:21-cv-00128-JRG Document 74 Filed 01/03/22 Page 5 of 6 PageID #: 1041
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`Original Date
`January 7, 2022
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`Amended Date
`January 14, 2022
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`Event
`Comply with P.R. 4-3 (Joint Claim
`Construction Statement)
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`(*) 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.
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`ADDITIONAL REQUIREMENTS
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`Mediation: While certain cases may benefit from mediation, such may not be appropriate
`for every case. The Court finds that the Parties are best suited to evaluate whether mediation will
`benefit the case after the issuance of the Court’s claim construction order. Accordingly, the Court
`ORDERS the Parties to file a Joint Notice indicating whether the case should be referred for
`mediation within fourteen days of the issuance of the Court’s claim construction order. 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.
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`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 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.
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`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.
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`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that
`“[o]n the first appearance through counsel, each party shall designate a lead attorney on the
`pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only be
`changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the Court
`an Order granting leave to designate different lead counsel.
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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`(a)
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`Case 2:21-cv-00128-JRG Document 74 Filed 01/03/22 Page 6 of 6 PageID #: 1042
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`(b)
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`(c)
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`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;
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`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.
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`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.
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`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
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`Joint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial Order,
`the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The Plaintiff
`shall also specify the nature of each theory of infringement, including under which subsections of
`35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringement or
`infringement under the doctrine of equivalents. Each Defendant shall indicate the nature of each
`theory of invalidity, including invalidity for anticipation, obviousness, subject matter eligibility,
`written description, enablement, or any other basis for invalidity. The Defendant shall also specify
`each prior art reference or combination of references upon which the Defendant shall rely at trial,
`with respect to each theory of invalidity. The contentions of the Parties may not be amended,
`supplemented, or dropped without leave of the Court based upon a showing of good cause.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 3rd day of January, 2022.
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`SONOS EXHIBIT 1047
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