Case 2:16-cv-00992-JRG Document 95 Filed 02/16/17 Page 1 of 5 PageID #: 596
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`§
`UNILOC USA, INC., et al,
`§
`
`Plaintiffs,
`§ Case No. 2:16-cv-00992-JRG
`
`
`§
`
`LEAD CASE
`v.
`
`§
`
`
`§
`MOTOROLA MOBILITY LLC,
`§ Case No. 2:16-cv-00779-JRG
`SHORETEL, INC.,
`§ Case No. 2:16-cv-00989-JRG
`HTC AMERICA, INC.,
`§ Case No. 2:16-cv-00990-JRG
`KYOCERA INTERNATIONAL, INC.,
`§ Case No. 2:16-cv-00993-JRG
`ZTE (USA), INC. and ZTE (TX), INC.,
`§
`HUAWEI DEVICE USA, INC. and
`§ Case No. 2:16-cv-00994-JRG
`HUAWEI DEVICE CO., LTD.,
`TENCENT AMERICA LLC and TENCENT §
`HOLDINGS
`§ Case No. 2:16-cv-00694-JRG
`SNAPCHAT, INC.
`§ Case No. 2:16-cv-00696-JRG
`
`Defendants.
`
`
`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:
`
`DATE
`June 4, 2018
`
`May 7, 2018
`
`May 2, 2018
`
`April 30, 2018
`
`
`*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 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
`
`

`

`Case 2:16-cv-00992-JRG Document 95 Filed 02/16/17 Page 2 of 5 PageID #: 597
`
`DATE
`April 23, 2018
`
`April 16, 2018
`
`April 16, 2018
`April 2, 2018
`
`March 26, 2018
`
`February 26, 2018
`
`February 26, 2018
`
`February 26, 2018
`February 15, 2018
`January 15, 2018
`
`January 15, 2018
`
`November 17, 2017
`
`November 10, 2017
`October 20, 2017
`
`October 6, 2017
`
`
`*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 he 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
`*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 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
`Deadline to Complete Mediation
`
`The parties are responsible for ensuring that a mediation report is
`filed no later than 5 days after the conclusion of mediation.
`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)
`
`

`

`Case 2:16-cv-00992-JRG Document 95 Filed 02/16/17 Page 3 of 5 PageID #: 598
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`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
`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).
`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)
`
`
`
`DATE
`September 29, 2017
`September 22, 2017
`August 25, 2017
`
`September 8, 2017
`
`August 18, 2017
`
`August 18, 2017
`August 4, 2017
`
`July 28, 2017
`June 30, 2017
`June 9, 2017
`March 28, 2017
`February 21, 2017
`
`February 14, 2017
`
`February 7, 2017
`February 3, 2017
`January 23, 2017
`
`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)
`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`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 Docket Control Order and 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.
`Join Additional Parties
`*File Notice of Mediator
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`
`
`
`(*) 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.
`
`

`

`Case 2:16-cv-00992-JRG Document 95 Filed 02/16/17 Page 4 of 5 PageID #: 599
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`ADDITIONAL REQUIREMENTS
`
`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
`the Court will appoint a mediator. The parties should not file a list of mediators to be considered
`by the Court.
`
`
`
`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert
`Motions: For each motion, the moving party shall provide the Court with two (2) copies of the
`completed briefing (opening motion, response, reply, and if applicable, surreply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. For expert-related motions, complete digital copies of the
`relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive.
`These copies shall be delivered as soon as briefing has completed. 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)
`
`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.
`
`
`(c)
`
`
`
`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”').”
`
`
`
`

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`Case 2:16-cv-00992-JRG Document 95 Filed 02/16/17 Page 5 of 5 PageID #: 600
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