`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT COURT OF TEXAS
`MARSHALL DIVISION
`
`LIONRA TECHNOLOGIES LIMITED,
`Plaintiff,
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`vs.
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`FORTINET, INC.,
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`Defendant.
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`
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`Case No. 2:22-cv-00322-JRG
`(Lead Case)
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`JURY TRIAL DEMANDED
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`FIFTH AMENDED DOCKET CONTROL ORDER
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`In accordance with the Joint Motion to Amend the Docket Control Order, (Dkt. No. 286) it is
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`hereby ORDERED that the following schedule of deadlines is in effect until further order of this
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`Court:
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`Original Date Amended Date
`May 20,
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`2024
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`April 8, 2024
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`1 day after
`Defendants
`disclose final
`invalidity theories,
`etc.
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`7 days before
`Jury Selection
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`10 days before
`Jury Selection
`May 3,
`2024
`April 22,
`2024
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`Event
`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`*File Joint Proposed Jury Instructions and Joint Proposed
`Verdict Form (timed to take place after both sides have made
`final disclosures)
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`*Defendant to disclose final invalidity theories, final prior art
`references/combinations, and final equitable defenses.
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`*Plaintiff to disclose final election of Asserted Claims.
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`*Pretrial Conference - 9:00 a.m. in Marshall, Texas before
`Judge Roy Payne
`* 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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`1 The 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 2:22-cv-00322-JRG-RSP Document 311 Filed 03/11/24 Page 2 of 4 PageID #: 21197
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`April 8,
`2024
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`April 26, 2024
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`April 8,
`2024
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`April 1,
`2024
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`April 26, 2024
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`March 29,
`2024
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`April 16, 2024
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`March 29,
`2024
`March 25,
`2024
`March 19,
`2024
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`April 16, 2024
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`April 11, 2024
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`April 2, 2024
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`March 18, 2024
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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.
`*File Joint Pretrial Order, 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.
`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.
`Serve Objections to Rebuttal Pretrial Disclosures
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`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
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`*Response to Daubert Motions. Responses to Daubert
`motions that were filed prior to deadline shall be due in
`accordance with Local Rule CV- 7(e), not to exceed the
`deadline as set forth in this Docket Control Order.
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`2
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`Case 2:22-cv-00322-JRG-RSP Document 311 Filed 03/11/24 Page 3 of 4 PageID #: 21198
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`March 5, 2024
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`March 4, 2024
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`*Response to Dispositive Motions. Responses to dispositive
`motions that were filed prior to the dispositive motion
`deadline 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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`(*) indicates a deadline that cannot be changed without an acceptable showing of 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 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-1l(a)(l), which provides that
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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.
`3
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`Case 2:22-cv-00322-JRG-RSP Document 311 Filed 03/11/24 Page 4 of 4 PageID #: 21199
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`"[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. The true lead counsel should be
`designated early and should not expect to parachute in as lead once the case has been largely
`developed.
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`Motions for Continuance: The following will not warrant a continuance nor justify a
`failure to comply with the discovery deadline:
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`(a) The fact that there are motions for summary judgment or motions to dismiss pending;
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`(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;
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`(c) 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 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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`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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`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
`representative. Once they have appeared, any representative of a non-individual party shall not be
`replaced or substituted without express leave of Court.
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