`Case 2:22-cv-00343-JRG-RSP Document 268 Filed 04/10/24 Page 1 of 3 PageID #: 22098
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CORRECT TRANSMISSION, LLC,
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`Plaintiff,
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`v.
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`NOKIA OF AMERICA CORPORATION,
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`Defendant.
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`Case No. 2:22-cv-00343-JRG-RSP
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`JURY TRIAL DEMANDED
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`FIFTH AMENDED DOCKET CONTROL ORDER
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`Before the Court is Correct Transmission, LLC’s and Nokia of America Corporation’s
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`Joint Motion to Amend the Fourth Amended Docket Control Order (Dkt. No. 258). Having
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`considered the Motion and having found that the Parties have demonstrated good cause, and
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`noting that the Motion is jointly filed, the Court finds that it should be and hereby is GRANTED.
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`Accordingly, it is hereby ORDERED that the following schedule of deadlines is in effect until
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`further order of this Court:
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`Current
`Deadline
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`Amended Deadline
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`Event / Description
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`April 1, 2024
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`Unchanged1
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`March 29, 2024
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`N/A
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`N/A
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`3 days before Jury
`Selection
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`March 22, 2024
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`April 18, 2024
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`*File Updated Deposition Designations
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`Deadline to Serve Dr. Valerdi’s Supplemental
`Expert Report Regarding Marking
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`Deadline to Take the Deposition of Dr. Valerdi
`Regarding
`Supplemental Expert Report
`Regarding Marking
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`1 The parties understand that trial in this matter will not go forward on April 1, 2024 because of
`the Smart Path case.
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`1
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`Case 2:22-cv-00343-JRG-RSP Document 268 Filed 04/10/24 Page 2 of 3 PageID #: 22099
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`N/A
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`N/A
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`April 25, 2024
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`May 2, 2024
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`Deadline to Serve Rebuttal Expert Reports in
`Response to Dr. Valerdi’s Supplemental Expert
`Report
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`Deadline to Depose Nokia’s Experts on Rebuttal
`Expert Reports
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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-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. 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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`2
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`Case 2:22-cv-00343-JRG-RSP Document 268 Filed 04/10/24 Page 3 of 3 PageID #: 22100
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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 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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`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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`3
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