Case 2:21-cv-00123-JRG Document 46 Filed 08/06/21 Page 1 of 7 PageID #: 773
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`VOCALIFE LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`HARMAN INTERNATIONAL
`INDUSTRIES, INC.,
`
`
`Defendant.
`
`
`VOCALIFE LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`GOOGLE LLC,
`
`
`Defendant.
`
` Case No. 2:21-cv-00123-JRG
`(LEAD CASE)
`
`
`
`JURY TRIAL DEMANDED
`
`
`
` Case No. 2:21-cv-00124-JRG
`(MEMBER CASE)
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`DOCKET CONTROL ORDER
`
`In accordance with the scheduling conference in this case, it is hereby ORDERED that
`
`the following schedule of deadlines is in effect until further order of this Court:
`
`Original
`Date
`
`May 23,
`2022
`
`Amended Date Event
`
`
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`

`

`Case 2:21-cv-00123-JRG Document 46 Filed 08/06/21 Page 2 of 7 PageID #: 774
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`Amended Date Event
`
`*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
`
`*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.
`
`*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, Shawn McRoberts, at
`shawn_mcroberts@txed.uscourts.gov.
`
`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.
`
`Original
`Date
`
`April 25,
`2022
`
`April 18,
`2022
`
`April 11,
`2022
`
`April 11,
`2022
`
`April 4,
`2022
`
`
`
`
`
`
`
`
`
`
`
`March 28,
`2022
`
`April 4, 2022
`
`March 21,
`2022
`
`March 7,
`2022
`
`April 8, 2022
`
`Serve Objections to Rebuttal Pretrial Disclosures.
`
`April 1, 2022
`
`Serve Objections to Pretrial Disclosures; and Serve Rebuttal
`Pretrial Disclosures.
`
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires
`in Advance of Voir Dire.
`
`
`
`2
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`

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`Case 2:21-cv-00123-JRG Document 46 Filed 08/06/21 Page 3 of 7 PageID #: 775
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`Amended Date Event
`
`March 18, 2022 Serve Pretrial Disclosures (Witness List, Deposition
`Designations, and Exhibit List) by the Party with the Burden
`of Proof.
`
`*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.
`
`*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
`
`Original
`Date
`
`February
`28, 2022
`
`February
`28, 2022
`
`March 9, 2022
`
`February
`14, 2022
`
`February 23,
`2022
`
`February
`14, 2022
`
`February 23,
`2022
`
`February
`7, 2022
`
`January
`24, 2022
`
`February 16,
`2022
`
`February 2,
`2022
`
`January 3,
`2022
`
`January 10,
`2022
`
`Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
`
`January 3,
`2022
`
`January 19,
`2022
`
`Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
`
`
`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
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`

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`Case 2:21-cv-00123-JRG Document 46 Filed 08/06/21 Page 4 of 7 PageID #: 776
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`Original
`Date
`
`February
`4, 2022
`
`January
`14, 2022
`
`January 3,
`2022
`
`December
`27, 2021
`
`December
`17, 2021
`
`December
`3, 2021
`
`December
`3, 2021
`
`Amended Date Event
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`*Claim Construction Hearing – 9:00 a.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.
`
`November
`19, 2021
`
`November 17,
`2021
`
`Comply with P.R. 4-4 (Deadline to Complete Claim
`Construction Discovery)
`
`November
`12, 2021
`
`October
`29, 2021
`
`
`
`
`
`October
`22, 2021
`
`October 29,
`2021
`
`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)
`
`October 1,
`2021
`
`October 8,
`2021
`
`Comply with P.R. 4-2 (Exchange Preliminary Claim
`Construction)
`
`
`
`4
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`

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`Case 2:21-cv-00123-JRG Document 46 Filed 08/06/21 Page 5 of 7 PageID #: 777
`
`Original
`Date
`
`Amended Date Event
`
`September
`10, 2021
`
`September 24,
`2021
`
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`
`August 26,
`2021
`
`August 26,
`2021
`
`August 5,
`2021
`
`July 29,
`2021
`
`July 22,
`2021
`
`July 1,
`2021
`
`September 16,
`2021
`
`
`September 16,
`2021
`
`
`
`
`
`
`
`
`
`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 caption
`indicating whether or not the proposed order is opposed in any
`part.
`
`Join Additional Parties
`
`July 15, 2021
`
`
`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
`
`
`3 http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order
`%20Re%20Subject%20Matter%Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-
`YU5P]
`
`
`
`5
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`

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`Case 2:21-cv-00123-JRG Document 46 Filed 08/06/21 Page 6 of 7 PageID #: 778
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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.
`
`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.
`
`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that
`“[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.
`
`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)
`
`
`(c)
`
`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.
`
`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,
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`6
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`

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`Case 2:21-cv-00123-JRG Document 46 Filed 08/06/21 Page 7 of 7 PageID #: 779
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`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
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`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 6th day of August, 2021.
`
`