`
`IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CLEAR IMAGING RESEARCH, LLC
`
` Plaintiff,
`
`v.
`
`
`CASE NO. 2:19-cv-00326-JRG
`
`
`§
`
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`DOCKET CONTROL ORDER
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`
`
`SAMSUNG ELECTRONICS CO.TD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
` Defendants.
`
`
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
`
`DATE
`
`AMENDED DATE
`
`EVENT/DEADLINE
`
`April 5, 2021
`
`March 8, 2021
`
`March 5, 2021
`
`
`
`
`
`
`
`*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
`
`* 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
`
`
`
`1The Parties are referred to the Court's Standing Order Regarding Use of Juror Questionnaires
`in Advance of Voir Dire.
`
`
`
`
`1
`
`
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`Case 2:19-cv-00326-JRG Document 36 Filed 02/20/20 Page 2 of 7 PageID #: 246
`
`DATE
`
`AMENDED DATE
`
`EVENT/DEADLINE
`
`March 3, 2021
`
`February 25, 2021
`
`
`
`
`
`February 22, 2021
`
`February 23, 2021
`
`February 22, 2021
`
`February 23, 2021
`
`February 16, 2021
`
`
`
`February 1, 2021
`
`February 2, 2021
`
`December 14, 2020
`
`January 11, 2021
`
`2
`
`*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
`
`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.
`
`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
`
`to Dispositive Motions
`*Response
`(including Daubert Motions).
`Responses to dispositive motions that
`were filed prior to the dispositive
`motion deadline, including Daubert
`Motions, shall be due in accordance
`
`
`
`Case 2:19-cv-00326-JRG Document 36 Filed 02/20/20 Page 3 of 7 PageID #: 247
`
`DATE
`
`AMENDED DATE
`
`EVENT/DEADLINE
`
`November 30, 2020
`
`December 23, 2020
`
`November 30, 2020
`
`December 23, 2020
`
`November 30, 2020
`
`December 23, 2020
`
`November 16, 2020
`
`December 7, 2020
`
`November 2, 2020
`
`November 13, 2020
`
`November 2, 2020
`
`
`
`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.
`
`to Strike Expert
`*File Motions
`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.
`
`*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
`
`Deadline to Complete Expert
`Discovery
`
`Serve Disclosures for Rebuttal Expert
`Witnesses
`
`Serve Disclosures for Expert Witnesses
`by the Party with the Burden of Proof
`
`Deadline to Complete Fact Discovery
`and File Motions to Compel Discovery
`
`
`
`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.
`
`3
`
`
`
`Case 2:19-cv-00326-JRG Document 36 Filed 02/20/20 Page 4 of 7 PageID #: 248
`
`DATE
`
`AMENDED DATE
`
`EVENT/DEADLINE
`
`October 20, 2020
`
`September 30, 2020
`
`September 29, 2020
`
`
`
`September 15, 2020
`
`September 11, 2020
`
`September 8, 2020
`
`September 4, 2020
`
`September 1, 2020
`
`August 28, 2020
`
`August 18, 2020
`
`August 14, 2020
`
`August 18, 2020
`
`
`
`August 4, 2020
`
`July 30, 2020
`
`July 28, 2020
`
`July 14, 2020
`
`
`
`
`
`4
`
`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)
`
`*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)
`
`File Response to Amended Pleadings
`
`*File Amended Pleadings
`
`It is not necessary to seek leave of
`Court to amend pleadings prior to this
`
`
`
`Case 2:19-cv-00326-JRG Document 36 Filed 02/20/20 Page 5 of 7 PageID #: 249
`
`DATE
`
`AMENDED DATE
`
`EVENT/DEADLINE
`
`July 7, 2020
`
`July 9, 2020
`
`June 16, 2020
`
`
`
`May 26, 2020
`
`May 28, 2020
`
`May 26, 2020
`
`May 28, 2020
`
`March 10, 2020
`
`April 2, 2020
`
`March 10, 2020
`
`April 2, 2020
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`February 18, 2020
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`February 14, 2020
`
`
`
`
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`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. 4-1 (Exchange
`Proposed Claim Terms)
`
`Comply with Standing Order
`Regarding Subject-Matter Eligibility
`Contentions3
`
`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
`
`
`3 http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20R
`e%20Subject%20Matter%20Eligibility%20Contentions%20.pdf
`
`
`
`5
`
`
`
`Case 2:19-cv-00326-JRG Document 36 Filed 02/20/20 Page 6 of 7 PageID #: 250
`
`DATE
`
`AMENDED DATE
`
`EVENT/DEADLINE
`
`February 4, 2020
`
`January 14, 2020
`
`
`
`
`
`caption indicating whether or not the
`proposed order is opposed in any part.
`
`Join Additional Parties
`
`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.
`
`
`
`ADDITIONAL REQUIREMENTS
`
`
`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.
`
`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.
`
`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:
`The fact that there are motions for summary judgment or motions to dismiss pending;
`a.
`b.
`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;
`c.
`The failure to complete discovery prior to trial, unless the parties can demonstrate that
`
`6
`
`
`
`Case 2:19-cv-00326-JRG Document 36 Filed 02/20/20 Page 7 of 7 PageID #: 251
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`it was impossible to complete discovery despite their good faith effort to do so.
`
`
`
`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')."
`
`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.
`
`
`
`
`
`
`
`
`7
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 20th day of February, 2020.
`
`