Case 2:19-cv-00056-JRG-RSP Document 160 Filed 08/21/20 Page 1 of 4 PageID #: 9203
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`KIPB LLC,
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` Plaintiff,
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`v.
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`SAMSUNG ELECTRONICS CO., LTD.;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; SAMSUNG SEMICONDUCTOR,
`INC.; SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC; and
`QUALCOMM GLOBAL TRADING
`PTE. LTD.,
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` Defendants.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`FOURTH AMENDED DOCKET CONTROL ORDER
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`Case No. 2:19-cv-00056-JRG-RSP
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`Before the Court is Plaintiff KIPB LLC’s—formerly known as KAIST IP US LLC—and
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`Defendants Samsung Electronics Co., Ltd.’s; Samsung Electronics America, Inc.’s; Samsung
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`Semiconductor, Inc.’s; Samsung Austin Semiconductor, LLC’s; and Qualcomm Global Trading
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`Pte. Ltd.’s (collectively, “the Parties”) Joint Motion to Amend the Docket Control Order
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`(“Motion”). Dkt. No. 159. The Parties’ Motion indicates that the Parties have recently undergone
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`intensive settlement discussions to resolve all matters in controversy between them and seek an
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`extension for three upcoming deadlines as the Parties anticipate finalizing a written settlement
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`agreement shortly. The Parties’ Motion notes that this extension would not disrupt or affect the
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`rest of the schedule or the trial date.
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`After due consideration, the Court GRANTS the Motion. It is therefore ORDERED that
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`the following schedule of deadlines is in effect until further order of the Court.
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`Case 2:19-cv-00056-JRG-RSP Document 160 Filed 08/21/20 Page 2 of 4 PageID #: 9204
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`Prior Date
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`New Date
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`Event
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`November 2, 2020
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`No Change
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`October 9, 2020
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`No Change
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`October 5, 2020
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`No Change
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`October 5, 2020
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`No Change
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`October 5, 2020
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`No Change
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`September 25, 2020 No Change
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
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`*Pretrial Conference – 1:30 p.m. in Marshall,
`Texas before Judge Roy Payne
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`*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
`questionnaires1
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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.
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`*File Joint Pretrial Order, Joint Proposed Jury
`Instructions and Form of the Verdict, 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,
`Shelly Holmes, at
`shelly_holmes@txed.uscourts.gov.
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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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`Case 2:19-cv-00056-JRG-RSP Document 160 Filed 08/21/20 Page 3 of 4 PageID #: 9205
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`September 24, 2020 No Change
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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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`September 24, 2020 No Change
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`Serve Objections to Rebuttal Pretrial Disclosures
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`September 10, 2020 September 17, 2020 Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
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`September 3, 2020
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`September 10, 2020 Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List) by
`the Party with the Burden of Proof
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`August 25, 2020
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`September 3, 2020
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`*Response to Dispositive Motions (including
`Daubert Motions).2 Responses to dispositive
`motions filed prior to the dispositive motion
`deadline, including Daubert Motions, shall be
`due in accordance with Local Rule CV-7(e).
`Motions for Summary Judgment shall comply
`with Local Rule CV-56.
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`OTHER LIMITATIONS
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`1.
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`2.
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`3.
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`All depositions to be read into evidence as part of the parties’ case-in-chief shall
`be EDITED so as to exclude all unnecessary, repetitious, and irrelevant
`testimony; ONLY those portions which are relevant to the issues in controversy
`shall be read into evidence.
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`The Court will refuse to entertain any motion to compel discovery filed after the date
`of this Order unless the movant advises the Court within the body of the motion
`that counsel for the parties have first conferred in a good faith attempt to resolve
`the matter. See Eastern District of Texas Local Rule CV-7(h).
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`The following excuses will not warrant a continuance nor justify a failure to comply
`with the discovery deadline:
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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.” Local Rule CV-7(e) provides that a party opposing a motion
`has 14 days, in addition to any added time permitted under Fed. R. Civ. P. 6(d), in which to serve and file a response
`and any supporting documents, after which the court will consider the submitted motion for decision.
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`Case 2:19-cv-00056-JRG-RSP Document 160 Filed 08/21/20 Page 4 of 4 PageID #: 9206
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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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`Mediation shall be attended, in person, by named parties (if an individual) or by
`a fully authorized representative (if not an individual) and by lead counsel. Third
`party insurance carriers who may be obligated to indemnify a named party and/or
`who owe a defense to any party shall also attend mediation, in person, by means
`of a fully authorized representative. Non-compliance with these directives shall
`be considered an intentional failure to mediate in good faith.
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`Any motion to alter any date on the DCO shall take the form of 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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