`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GREE,INC.,
`
`Plaintiff,
`
`Vv.
`SUPERCELLOY,
`Defendant.
`
`§
`
`:
`:
`:
`:
`
`Case No. 2:19-cv-00413-JRG-RSP
`JURY TRIAL DEMANDED
`
`AMENDED DOCKET CONTROL ORDER
`
`It is hereby ORDEREDthat the following schedule of deadlines are in effect until
`
`further order of this Court:
`
`May3, 2021
`
`August 2, 2021
`
`*Jury Selection — 9:00 a.m. in Marshall, Texas
`
`Texas before Judge Roy S. Payne *Notify Court of Agreements Reached During
`
`.
`April 5, 2021
`
`July 6, 2021
`
`March 31, 2021
`
`June 29, 2021
`
`March 26, 2021
`
`June 21, 2021
`
`* 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 bythis date.'
`
`*Pretrial Conference — 9:00 a.m. in Marshall,
`
`Meetand Confer
`
`The parties are ordered to meet and confer on
`any outstanding objections or motionsin /imine.
`The parties shall advise the Court of any
`agreements reachednolater than 1:00 p.m.three
`(3) business days before the pretrial conference.
`
`' The Parties are referred to the Court’s Standing Order Regarding Use of Juror
`Questionnaires in Advance of Voir Dire.
`
`16741243V.1
`
`Patent OwnerGree,Inc.
`Exhibit 2014 - Page 1 of 3
`
`Patent Owner Gree, Inc.
`Exhibit 2014 - Page 1 of 3
`
`
`
`Case 2:19-cv-00413-JRG-RSP Document 139 Filed 03/09/21 Page 2 of 3 PagelD #: 4080
`
`March 18, 2021
`
`June 21, 2021
`
`March 15, 2021
`
`June 14, 2021
`
`March8, 2021
`
`June 7, 2021
`
`*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 fortrial, 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
`
`Theparties shall limit their motions in /imine to
`issues that if improperly introduced at
`trial
`would be so prejudicial that the Court could not
`alleviate the prejudice by giving appropriate
`instructionsto the jury.
`
`
`
`March 8, 2021
`
`June 7, 2021
`
`Serve Objections
`
`Disclosures
`
`to
`
`Rebuttal
`
`Pretrial
`
`(*) indicates a deadline that cannot be changed without showing good cause. Good causeis
`not shown merely byindicating that the parties agree that the deadline should be changed.
`
`ADDITIONAL REQUIREMENTS
`
`Mediation: While certain cases may benefit from mediation, such maynot 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
`ORDERSthe 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.
`
`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
`
`Patent OwnerGree,Inc.
`Exhibit 2014 - Page 2 of 3
`
`Patent Owner Gree, Inc.
`Exhibit 2014 - Page 2 of 3
`
`
`
`Case 2:19-cv-00413-JRG-RSP Document 139 Filed 03/09/21 Page 3 of 3 PagelD #: 4081
`
`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.
`
`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 Markmanbriefing, subject to
`the local rules’ normalpagelimits.
`
`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 ofthe attorneysis set for trial in another court on the sameday,
`unless the other setting was made prior to the date of this order or was made asa 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 motionto 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 needingto also refer
`to an earlier version of the DCO.
`
`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 whetherthe Plaintiff alleges divided
`infringementor infringement under the doctrine of equivalents. Each Defendantshall 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 showingof good cause.
`
`Patent OwnerGree,Inc.
`Exhibit 2014 - Page 3 of 3
`
`Patent Owner Gree, Inc.
`Exhibit 2014 - Page 3 of 3
`
`