Case 2:22-cv-00134-JRG-RSP Document 52 Filed 08/24/22 Page 1 of 6 PageID #: 798
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`ADVANCED MICRO DEVICES, INC.
`and ATI TECHNOLOGIES ULC,
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` Plaintiffs,
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`v.
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`TCL INDUSTRIES HOLDINGS CO.,
`LTD., ET AL.,
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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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`DOCKET CONTROL ORDER
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`Case No. 2:22-cv-00134-JRG-RSP
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`Before the Court is the Joint Motion for Entry of an Agreed DCO. Dkt. No. 49. The
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`Court GRANTS the motion and, in accordance with the scheduling conference held in this case,
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`it is hereby ORDERED that the following schedule of deadlines is in effect until further order of
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`this Court:
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`Current Deadline
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`Description
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`December 4, 2023
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`November 6, 2023
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`* 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
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`October 31, 2023
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`*Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge Roy
`Payne
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`October 23, 2023
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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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`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 2:22-cv-00134-JRG-RSP Document 52 Filed 08/24/22 Page 2 of 6 PageID #: 799
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`October 23, 2023
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`October 16, 2023
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`October 10, 2023
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`*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
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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, Shawn McRoberts,
`at shawn_mcroberts@txed.uscourts.gov.
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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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`October 10, 2023
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`Serve Objections to Rebuttal Pretrial Disclosures
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`October 2, 2023
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`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
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`September 18, 2023 Serve Pretrial Disclosures (Witness List, Deposition Designations, and
`Exhibit List) by the Party with the Burden of Proof
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`September 11, 2023
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`August 28, 2023
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`*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.
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`*File Motions to Strike Expert Testimony (including Daubert Motions)
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`No motion to strike expert testimony (including a Daubert motion) may
`be filed after this date without leave of the Court.
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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. 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.
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`Case 2:22-cv-00134-JRG-RSP Document 52 Filed 08/24/22 Page 3 of 6 PageID #: 800
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`August 28, 2023
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`*File Dispositive Motions
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`No dispositive motion may be filed after this date without leave of the
`Court.
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`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.
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`August 23, 2023
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`Deadline to Complete Expert Discovery
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`August 17, 2023
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`Serve Disclosures for Rebuttal Expert Witnesses
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`July 17, 2023
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`July 17, 2023
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`July 5, 2023
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`June 13, 2023
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`May 30, 2023
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`May 23, 2023
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`May 16, 2023
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`April 25, 2023
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`May 2, 2023
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`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
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`Serve Disclosures for Expert Witnesses by the Party with the Burden
`of Proof
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`*Claim Construction Hearing – 9:00 a.m. in Marshall, Texas before
`Judge Roy Payne
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
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`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
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`Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and
`Submit Technical Tutorials (if any)
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`Good cause must be shown to submit technical tutorials after the
`deadline to comply with P.R. 4-5(a).
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
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`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.
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`April 18, 2023
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`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
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`Case 2:22-cv-00134-JRG-RSP Document 52 Filed 08/24/22 Page 4 of 6 PageID #: 801
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`April 11, 2023
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`File Response to Amended Pleadings
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`March 28, 2023
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`
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`*File Amended Pleadings
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`It is not necessary to seek leave of Court to amend pleadings prior to
`this deadline unless the amendment seeks to assert additional patents.
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`March 21, 2023
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`Comply with P.R. 4-3 (Joint Claim Construction Statement)
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`February 28, 2023
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`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
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`February 7, 2023
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`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
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`September 20, 2022 Comply with Standing Order Regarding Subject-Matter Eligibility
`Contentions3
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`September 20, 2022 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
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`August 9, 2022
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`August 2, 2022
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`*File Proposed Protective Order and Comply with Paragraphs 1 & 3 of
`the Discovery Order (Initial and Additional Disclosures)
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`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.
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`*File Proposed Docket Control Order and Proposed Discovery Order
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`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.
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`July 26, 2022
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`July 26, 2022
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`Join Additional Parties
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`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
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`(*) 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.
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`ADDITIONAL REQUIREMENTS
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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
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`3http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20R
`e%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-
`YU5P]
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`Case 2:22-cv-00134-JRG-RSP Document 52 Filed 08/24/22 Page 5 of 6 PageID #: 802
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`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.
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`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.
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`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.
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`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.
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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
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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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`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
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`Case 2:22-cv-00134-JRG-RSP Document 52 Filed 08/24/22 Page 6 of 6 PageID #: 803
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`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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`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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`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.
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