Case 2:21-cv-00435-JRG Document 33 Filed 04/06/22 Page 1 of 7 PageID #: 1390
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`JAWBONE INNOVATIONS, LLC,
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`Case No. 2:21-cv-00435-JRG
`
`Plaintiff,
`
`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`v.
`
`AMAZON.COM, INC. and AMAZON.COM
`SERVICES, INC.,
`
`Defendants.
`
`DOCKET CONTROL ORDER
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`In accordance with the scheduling conference held in this case on March 16, 2022, it is
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`hereby ORDERED that the following schedule of deadlines is in effect until further order of this
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`Court:
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`Current Date
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`Amended Date
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`Event
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`July 10, 2023
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`June 12, 2023
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`June 5, 2023
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`*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 – 1:30 p.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`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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`APPLE 1019
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`1
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`

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`Case 2:21-cv-00435-JRG Document 33 Filed 04/06/22 Page 2 of 7 PageID #: 1391
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`Current Date
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`Amended Date
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`Event
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`May 30, 2023
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`
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`May 30, 2023
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`May 22, 2023
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`May 15, 2023
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`May 15, 2023
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`May 8, 2023
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`April 24, 2023
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`*Notify Court of Agreements Reached During Meet and
`Confer
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`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
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`*File Notice of Request for Daily Transcript or Real
`Time Reporting.
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`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
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`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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`2
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`

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`Case 2:21-cv-00435-JRG Document 33 Filed 04/06/22 Page 3 of 7 PageID #: 1392
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`Current Date
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`Amended Date
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`Event
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`April 17, 2023
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`
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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.
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`*File Dispositive Motions
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`No dispositive motion may be filed after this date
`without leave of the Court.
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`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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`April 3, 2023
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`April 3, 2023
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`March 27, 2023
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`March 13, 2023
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`February 21,
`2023
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`February 21,
`2023
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`February 8,
`2023
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`February 14,
`2023
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`Deadline to Complete Fact Discovery and File Motions
`to Compel Discovery
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`
`
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`Serve Disclosures for Expert Witnesses by the Party with
`the Burden of Proof
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
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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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`3
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`

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`Case 2:21-cv-00435-JRG Document 33 Filed 04/06/22 Page 4 of 7 PageID #: 1393
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`Current Date
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`Amended Date
`
`Event
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`January 18,
`2023
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`January 4, 2023
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`December 28,
`2022
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`December 21,
`2022
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`December 7,
`2022
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`December 7,
`2022
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`November 23,
`2022
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`November 16,
`2022
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`November 2,
`2022
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`October 26,
`2022
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`October 5, 2022
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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)
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`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
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`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
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`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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`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
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`Comply with P.R. 4-2 (Exchange Preliminary Claim
`Constructions)
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`4
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`

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`Case 2:21-cv-00435-JRG Document 33 Filed 04/06/22 Page 5 of 7 PageID #: 1394
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`Current Date
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`Amended Date
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`Event
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`September 14,
`2022
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`
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`Comply with P.R. 4-1 (Exchange Proposed Claim
`Terms)
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`May 25, 20223
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`June 23, 2022
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`Comply with Standing Order Regarding Subject-Matter
`Eligibility Contentions4
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`May 25, 20225
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`June 23, 2022
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`Comply with P.R. 3-3 & 3-46 (Invalidity Contentions)
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`April 6, 2022
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`March 30, 2022
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`March 23, 2022
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`March 16,
`20227
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`*File Proposed Protective Order and Comply with
`Paragraphs 1 & 3 of the Discovery Order (Initial and
`Additional Disclosures)
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`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.
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`*File Proposed Docket Control Order and Proposed
`Discovery Order
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`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.
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`Join Additional Parties
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`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
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`3 This date was previously set by the Court. (Dkt. No. 26.)
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`4_http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20
`Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf
`[https://perma.cc/RQN2-
`YU5P]
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`5 This date was previously set by the Court. (Dkt. No. 26.)
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`6 Defendants will make their production under P.R. 3-4(a) on May 25, 2022.
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`7 This date was previously set by the Court. (Dkt. No. 26.)
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`5
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`

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`Case 2:21-cv-00435-JRG Document 33 Filed 04/06/22 Page 6 of 7 PageID #: 1395
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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
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`“[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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`(a)
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`(b)
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`(c)
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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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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`6
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`Case 2:21-cv-00435-JRG Document 33 Filed 04/06/22 Page 7 of 7 PageID #: 1396
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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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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 6th day of April, 2022.
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`7
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