Case 2:22-cv-00500-JRG-RSP Document 22 Filed 08/04/23 Page 1 of 7 PageID #: 85
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
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`LONGHORN HD LLC.,
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`Plaintiff,
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`v.
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`SYNOLOGY INC.,
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`Defendant.
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`CIVIL ACTION NO. 2:22-CV-00500-JRG-RSP
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`§
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`§
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`DOCKET CONTROL ORDER
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`In accordance with the Scheduling Conference held in this case on July 20, 2023, 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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`Date
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`Event
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`January 6, 2025
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`7 days before Jury
`Selection
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`theories, final prior art
`invalidity
`to disclose final
`*Defendant
`references/combinations, and final equitable defenses.
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`10 days before
`Jury Selection
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`*Plaintiff to disclose final election of Asserted Claims.
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`December 9, 2024 *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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`December 2, 2024 *Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge Roy
`Payne
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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-00500-JRG-RSP Document 22 Filed 08/04/23 Page 2 of 7 PageID #: 86
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`Original Date
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`Event
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`November 25, 2024 *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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`November 25, 2024 *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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`November
`2024
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`18,
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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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`November 12, 2024 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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`November 12, 2024 Serve Objections to Rebuttal Pretrial Disclosures
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`November 4, 2024 Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
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`October 21, 2024
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`Serve Pretrial Disclosures (Witness List, Deposition Designations, and
`Exhibit List) by the Party with the Burden of Proof
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`Case 2:22-cv-00500-JRG-RSP Document 22 Filed 08/04/23 Page 3 of 7 PageID #: 87
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`Original Date
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`Event
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`October 15, 2024
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`to Dispositive Motions (including Daubert Motions).
`*Response
`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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`September 30, 2024 *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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`September 30, 2024 *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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`September 23, 2024 Deadline to Complete Expert Discovery
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`September 9, 2024 Serve Disclosures for Rebuttal Expert Witnesses
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`August 19, 2024
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`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
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`August 19, 2024
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`Serve Disclosures for Expert Witnesses by the Party with the Burden of
`Proof
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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-00500-JRG-RSP Document 22 Filed 08/04/23 Page 4 of 7 PageID #: 88
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`Original Date
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`Event
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`August 2, 2024
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`July 12, 2024
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`*Claim Construction Hearing – 9:00 a.m. in
`Marshall, Texas before Judge Roy Payne
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`June 28, 2024
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`June 21, 2024
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`*Comply with P.R. 4-5(c)
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`(Reply Claim Construction Brief)
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`June 14, 2024
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`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
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`May 31, 2024
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`May 31, 2024
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`May 17, 2024
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`May 10, 2024
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`April 26, 2024
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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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`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
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`File Response to Amended Pleadings
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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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`April 19, 2024
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`Comply with P.R. 4-3 (Joint Claim Construction Statement)
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`Case 2:22-cv-00500-JRG-RSP Document 22 Filed 08/04/23 Page 5 of 7 PageID #: 89
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`Original Date
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`Event
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`March 29, 2024
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`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
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`March 8, 2024
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`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
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`August 31, 2023
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`Comply with Standing Order Regarding Subject- Matter Eligibility
`Contentions3
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`August 31, 2023
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`Comply with P.R. 3-3 & 3-4
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`(Invalidity Contentions)
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`August 10, 2023
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`August 3, 2023
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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 27, 2023
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`Join Additional Parties
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`July 6, 2023
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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 mediation will
`benefit the case after the issuance of the Court’s claim construction order. Accordingly, the Court
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`3 http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20
`Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-
`YU5P]
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`Case 2:22-cv-00500-JRG-RSP Document 22 Filed 08/04/23 Page 6 of 7 PageID #: 90
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`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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`(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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`Case 2:22-cv-00500-JRG-RSP Document 22 Filed 08/04/23 Page 7 of 7 PageID #: 91
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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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