Case 2:22-cv-00169-JRG Document 283 Filed 12/08/23 Page 1 of 4 PageID #: 10316
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`LEXOS MEDIA IP, LLC,
`
`v.
`
`AMAZON.COM, INC.,
`
`LEXOS MEDIA IP, LLC,
`
`v.
`
`TARGET CORPORATION
`
`LEXOS MEDIA IP, LLC,
`
`v.
`
`OFFICE DEPOT, LLC
`
`Civil Action No. 2:22-CV-00169-JRG
`(Lead Case)
`
`Civil Action No. 2:22-CV-00175-JRG
`(Member Case)
`
`Civil Action No. 2:22-CV-00273-JRG
`(Member Case)
`
`SEVENTH AMENDED DOCKET CONTROL ORDER
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`

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`Case 2:22-cv-00169-JRG Document 283 Filed 12/08/23 Page 2 of 4 PageID #: 10317
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` Having considered the parties’ Joint Motion to Amend the Docket Control Order (Dkt.
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`No. 277) (the “Joint Motion”), and having found good cause shown, the Court finds that the
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`Joint Motion should be and hereby is GRANTED. Accordingly, it is hereby ORDERED that
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`the following schedule of deadlines is in effect until further order of this Court:
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`ORIGINAL
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`AMENDED DATE
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`EVENT
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`January 22, 2024
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`January 17, 2024
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`7 days before Jury
`Selection
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`10 days before Jury
`Selection
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`December 26, 2023
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`December 11, 2023 December 18, 2023
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`December 11, 2023 December 18, 2023
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`*Pretrial Conference – 1:30 p.m. in Marshall,
`Texas before Judge Rodney Gilstrap.
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`*Defendants to disclose final invalidity theories,
`final prior art references/combinations, and final
`equitable defenses.
`
`*Plaintiff to disclose final election of Asserted
`Claims.1
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`* If a juror questionnaire is to be used, an ed-
`itable (in Microsoft Word format) question-
`naire shall be jointly submitted to the Deputy
`Clerk in Charge by this date.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 Ex-
`hibit Lists, Updated Witness Lists, and Up-
`dated Deposition Designations
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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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`2
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`Case 2:22-cv-00169-JRG Document 283 Filed 12/08/23 Page 3 of 4 PageID #: 10318
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`ADDITIONAL REQUIREMENTS
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`Mediation: While certain cases may benefit from mediation, such may not be appropri-
`ate 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 agreea-
`ble mediator for the Court to consider. If the Parties disagree about whether mediation is appro-
`priate, the Parties should set forth a brief statement of their competing positions in the Joint No-
`tice.
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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 in-
`clude 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
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`3
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`Case 2:22-cv-00169-JRG Document 283 Filed 12/08/23 Page 4 of 4 PageID #: 10319
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`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 remain-
`ing 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 un-
`der “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 eligi-
`bility, 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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`Trial: All parties must appear in person at trial. All non-individual (including but not limited to
`corporate) parties must appear at trial through the presence in person of a designated representa-
`tive. Once they have appeared, any representative of a non-individual party shall not be re-
`placed or substituted without express leave of Court.
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`4
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`So Ordered this
`Dec 8, 2023
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`