Case 2:24-cv-00122-JRG Document 39 Filed 06/14/24 Page 1 of 8 PageID #: 171
`Case 2:24-cv-00122-JRG Document 39 Filed 06/14/24 Page 1of8 PagelD#: 171
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`NOSTROMOLLC,
`
`Plaintiff,
`
`v.
`
`ADTINC. and ADT LLC,
`
`Defendants.
`
`Plaintiff,
`
`NOSTROMOLLC,
`
`Vv.
`
`RESIDEO TECHNOLOGIES,INC.and
`ADEMCOINC.,
`
`Defendants.
`
`Case No. 2:24-cv-00122-IRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`Case No. 2:24-cv-00121-JIRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`DOCKET CONTROL ORDER
`
`In accordance with the Scheduling Conference held in this case on May 29, 2024, it is
`
`hereby ORDEREDthat the following schedule of deadlinesis in effect until further order of this
`
`Court:
`
`Cit Dee Novei November 17, 2025 pe *Jury Selection— 9:00 a.m. in Marshall, Texas
`
`

`

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`Original Deadline|New Deadline
`Event
`
`
`
`7 days before Jury
`Selection
`
`10 days before Jury
`Selection
`
`October 20, 2025
`
`October 14, 2025
`
`October 6, 2025
`
`October 6, 2025
`
`*Defendantto disclose final invalidity theories,
`final prior art references/combinations, and final
`equitable defenses with notice of the samefiled
`with the Court. |
`
`*Plaintiff to disclose final election of Asserted
`Claims with notice of the samefiled with the
`Court.2
`
`* 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.?
`
`*Pretrial Conference — 9:00 a.m.
`Texas before Judge Rodney Gilstrap
`
`in Marshall,
`
`*Notify Court of Agreements Reached During
`Meet and Confer
`
`The parties are ordered to meet and confer on any
`outstanding objections or motions in /imine. The
`parties shall advise the Court of any agreements
`reached nolater than 1:00 p.m. three (3) business
`days before the pretrial conference.
`
`*File Joimt Pretrial Order, Jomt Proposed Jury
`Instructions,
`Joimt Proposed Verdict Form,
`Responses to Motions in Limine, Updated Exhibit
`Lists, Updated Witness Lists,
`and Updated
`Deposition Designations
`
`
`
`! The proposed DCOshall include this specific deadline. The deadline shall read, “7 days before
`Jury Selection,” and shall not include a specific date.
`
`Given the Court’s past experiences with litigants dropping claims and defenses during or on the
`eve oftrial, the Court is of the opinion that these additional deadlines are necessary. The proposed
`DCOshall includethis specific deadline. The deadline shall read, “10 days before Jury Selection,”
`and shall not includea specific date.
`
`3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire.
`
`

`

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`
`
`Original Deadline|New Deadline Event
`
`
`
`
`
`September 29, 2025
`
`*File Notice of Request for Daily Transcript or
`Real Time Reporting.
`
`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.
`
`September 22, 2025
`
`File Motions in Limine
`
`September 22, 2025
`
`September 15, 2025
`
`September 2, 2025
`
`August 25, 2025
`
`The parties shall limit their motions in imine to
`issues that if improperly introduced at trial would
`be so prejudicial that the Court could notalleviate
`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
`
`List,
`(Witness
`Pretrial Disclosures
`Serve
`Deposition Designations, and Exhibit List) by the
`Party with the Burden of Proof
`
`(including
`*Response to Dispositive Motions
`Daubert Motions). 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.* Motions for Summary Judgment
`shall comply with Local Rule CV-56.
`
`* The parties are directed to Local Rule CV-7(d), which providesin part that “[a] party’s failure to
`oppose a motion in the mannerprescribed herein creates a presumption that the party does not
`controvert the facts set out by movant and has no evidenceto 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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`Original Deadline
`
`New Deadline
`
`Event
`
`August 11, 2025
`
`*File Motions
`(including
`
`to Strike Expert Testimony
`Daubert
`Motions)
`
`No motion to strike expert testimony (including a
`Daubert motion) may be filed after this date
`without leave of the Court.
`
`August 11, 2025
`
`*File Dispositive Motions
`
`Nodispositive motion may befiled after this date
`without leave of the Court.
`
`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 amongtheparties.
`
`Deadline to Complete Expert Discovery
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
`
`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`*Claim Construction Hearing — 9:00 am.
`Marshall, Texas before Judge Rodney Gilstrap
`
`in
`
`P.R.
`*Comply with
`Construction Chart)
`
`*Comply with P.R.
`Construction Brief)
`
`4-5(d)
`
`(Jomt Claim
`
`4-5(c)
`
`(Reply Claim
`
`Comply with P.R. 4-5(b)
`Construction Brief)
`
`(Responsive Claim
`
`August 4, 2025
`
`July 21, 2025
`
`June 30, 2025
`
`June 18, 2025
`
`June 30, 2025
`
`June 18, 2025
`
`May28, 2025
`
`May14, 2025
`
`May 7, 2025
`
`April 30, 2025
`
`April 23, 2025
`
`
`
`
`
`

`

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`
`
`Original Deadline
`
`New Deadline
`
`Event
`
`April 16, 2025
`
`March 28, 2025
`
`April 16, 2025
`
`Comply with P.R.
`Construction Brief)
`Tutorials (if any)
`
`4-S(a)
`and
`
`(Opening Claim
`Submit Technical
`
`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
`
`Counsel are expected to make goodfaith efforts to
`produceall required documents as soon as they are
`available and not wait until
`the substantial
`completion deadline.
`
`April 2, 2025
`
`March 13, 2025
`
`Comply with P.R. 4-4 (Deadline to Complete
`Claim Construction Discovery)
`
`March26, 2025
`
`March6, 2025
`
`File Response to AmendedPleadings
`
`March 12, 2025
`
`February 20, 2025
`
`*File Amended Pleadings
`
`It is not necessary to seek leave of Court to amend
`pleadings prior
`to this deadline unless
`the
`amendmentseeks to assert additional patents.
`
`March5, 2025
`
`February 13, 2025
`
`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
`
`February 12, 2025
`
`January 23, 2025
`
`Comply with P.R. 4-2 (Exchange Preliminary
`Claim Constructions)
`
`January 22, 2025
`
`December
`
`>
`
`20
`
`2024
`
`Comply with P.R. 4-1 (Exchange Proposed Claim
`Terms)
`
`July 10, 2024
`
`August 7, 2024
`
`Comply with Standing Order Regarding Subject-
`Matter Eligibility Contentions?
`
`
`
`> http:/Awww.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20
`Re%20Subject%20Matter™20Eligibility’o20Contentions%20.pdf
`[https://perma.cc/RQN2-
`YUSP]
`
`

`

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`
`
`
`Original Deadline|New Deadline Event
`
`
`
`
`
`July 10, 2024
`
`August 7, 2024
`
`June 19, 2024
`
`June 12, 2024
`
`Comply with P.R.
`Contentions)
`
`3-3 & 3-4
`
`(Invalidity
`
`*File Proposed Protective Order and Comply with
`Paragraphs 1 & 3 of the Discovery Order(Initial
`and Additional Disclosures)
`
`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.
`
`*File Proposed Docket Control Order
`Proposed Discovery Order
`
`and
`
`The Proposed Docket Control Order and Proposed
`Discovery Ordershall be filed as separate motions
`with the caption indicating whether or not the
`proposedorder is opposed in anypart.
`
`June 5, 2024
`
`Join Additional Parties
`
`May15, 2024
`
`June 12, 2024
`
`Comply with P.R. 3-1 & 3-2 (Infringement
`Contentions)
`
`(*) indicates a deadline that cannot be changed without an acceptable showingof good cause.
`Goodcause is not shown merely by indicating that the parties agree that the deadline should
`be changed.
`
`ADDITIONAL REQUIREMENTS
`
`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
`ORDERSthe 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.
`
`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
`
`

`

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`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.
`
`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.
`
`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.
`
`Motions for Continuance: The following will not warrant a continuance nor justify a
`failure to comply with the discovery deadline:
`
`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`(a)
`
`(b)
`
`(c)
`
`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;
`
`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.
`
`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.
`
`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
`
`
`
`
`
`

`

`Case 2:24-cv-00122-JRG Document 39 Filed 06/14/24 Page 8 of 8 PageID #: 178
`
`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.
`
`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.
`
`
`
`
`
`
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 14th day of June, 2024.
`
`