Case 2:23-cv-00193-JRG Document 58 Filed 06/27/24 Page 1 of 6 PageID #: 2057
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION 
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`ATHALONZ, LLC,
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`Plaintiff, 
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`v. 
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`UNDER ARMOUR, INC., 
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`Defendant. 
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`Case No. 2:23-cv-00193-JRG
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`DEMAND FOR JURY TRIAL
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`FIRST AMENDED DOCKET CONTROL ORDER
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`Before the Court is the Parties’ Joint Motion to Amend Docket Control Order (Dkt. No.
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`57), which is hereby GRANTED. Accordingly, it is hereby ORDERED that the following
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`schedule of deadlines is in effect until further order of this Court:
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`Amended Date
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`Original Date
`March 3, 2025
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`7 days before Jury
`Selection
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`10 days before Jury
`Selection
`February 3, 2025
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`January 27, 2025
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`Event
`*Jury Selection – 9:00 a.m. in
`Marshall, Texas
`*Defendant to disclose final
`invalidity theories, final prior art
`references/combinations, and final
`equitable defenses.
`*Plaintiff to disclose final election of
`Asserted Claims.
`* 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
`*Pretrial Conference – 9 a.m. in
`Marshall, Texas before Judge
`Rodney Gilstrap
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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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`

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`Case 2:23-cv-00193-JRG Document 58 Filed 06/27/24 Page 2 of 6 PageID #: 2058
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`Original Date
`January 21, 2025
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`Amended Date
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`January 21, 2025
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`January 13, 2025
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`January 13, 2025
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`January 13, 2025
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`January 6, 2025
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`December 16, 2024
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`December 9, 2024
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`Event
`*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, Joint
`Proposed Jury Instructions, Joint
`Proposed Verdict Form, Responses to
`Motions in Limine, Updated Exhibit
`Lists, Updated Witness Lists, and
`Updated Deposition Designations
`*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
`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
`*Response to Dispositive Motions
`(including Daubert Motions).
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`Case 2:23-cv-00193-JRG Document 58 Filed 06/27/24 Page 3 of 6 PageID #: 2059
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`Original Date
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`Amended Date
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`November 25, 2024
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`November 25, 2024
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`November 18, 2024
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`November 4, 2024
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`October 15, 2024
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`Event
`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©, 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.
`*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.
`*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.
`Deadline to Complete Expert
`Discovery
`Serve Disclosures for Rebuttal Expert
`Witnesses
`Deadline to Complete Fact Discovery
`and File Motions to Compel
`Discovery
`
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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 2:23-cv-00193-JRG Document 58 Filed 06/27/24 Page 4 of 6 PageID #: 2060
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`Original Date
`October 15, 2024
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`Amended Date
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`October 9, 2024
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`2 weeks After Court’s
`Issuance of Claim
`Construction Order
`September 18, 2024
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`September 4, 2024
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`August 28, 2024
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`August 21, 2024
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`August 7, 2024
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`August 7, 2024
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`July 24, 2024
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`July 17, 2024
`July 3, 2024
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`June 26, 2024
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`July 1, 2024
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`- 4 -
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`Event
`Serve Disclosures for Expert
`Witnesses by the Party with the
`Burden of Proof
`Comply with P.R. 3-7 (Opinion of
`Counsel Defenses)
`Submit Joint Notice Indicating
`Whether the Case Should Be
`Referred For Mediation
`*Claim Construction Hearing – 9
`a.m. in Marshall, Texas before
`Judge Rodney Gilstrap
`*Comply with P.R. 4-5(d) (Joint
`Claim Construction Chart)
`*Comply with P.R. 4-5© (Reply
`Claim Construction Brief)
`Comply with P.R. 4-5(b) (Responsive
`Claim Construction Brief)
`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).
`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.
`Comply with P.R. 4-4 (Deadline to
`Complete Claim Construction
`Discovery)
`File Response to Amended Pleadings
`*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.
`Comply with P.R. 4-3 (Joint Claim
`Construction Statement)
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`Case 2:23-cv-00193-JRG Document 58 Filed 06/27/24 Page 5 of 6 PageID #: 2061
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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
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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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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`(a)
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`(b)
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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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`Case 2:23-cv-00193-JRG Document 58 Filed 06/27/24 Page 6 of 6 PageID #: 2062
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`(c)
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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. The
`Parties in a case which has been consolidated for pre-trial purposes and which is moving towards
`a separate trial on the merits (subsequent to pre-trial) shall file, as an exhibit to the parties’ Joint
`Pretrial Order, a list identifying all docket entries from the lead case that relate to the applicable
`member case.
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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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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 27th day of June, 2024.
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