Case 2:24-cv-00178-JRG-RSP Document 26 Filed 10/03/24 Page 1 of 7 PageID #: 394
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Malikie Innovations Ltd. and Key Patent
`Innovations Ltd.,
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`Plaintiffs,
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`v.
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`ASUSTeK Computer Inc.,
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`Defendant.
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`§
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`CIVIL ACTION NO. 2:24-cv-00178-JRG-RSP
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`DOCKET CONTROL ORDER
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`In accordance with the scheduling conference held in this case, it is hereby ORDERED
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`that the following schedule of deadlines is in effect until further order of this Court:
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`Original Date
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`Amended Date
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`Event
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`January 26, 2026
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`7 days before Jury
`Selection
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`10 days before Jury
`Selection
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`*Jury Selection – 9:00 a.m. in Marshall,
`Texas
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`*Defendant to disclose final invalidity theories,
`final prior art references/combinations, and
`final equitable defenses with notice of the same
`filed with the Court. 1
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`*Plaintiff to disclose final election of Asserted
`Claims with notice of the same filed with the
`Court.2
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`1 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days before Jury Selection,” and shall
`not include a specific date.
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`2 Given the Court’s past experiences with litigants dropping claims and defenses during or on the
`eve of trial, the Court is of the opinion that these additional deadlines are necessary. The proposed
`DCO shall include this specific deadline. The deadline shall read, “10 days before Jury Selection,”
`and shall not include a specific date.
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`Case 2:24-cv-00178-JRG-RSP Document 26 Filed 10/03/24 Page 2 of 7 PageID #: 395
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`December 29, 2025
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`December 22, 2025
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`December 15, 2025
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`December 15, 2025
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`December 8, 2025
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`December 1, 2025
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`December 1, 2025
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`* 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.3
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`*Pretrial Conference – 9:00a.m. in Marshall,
`Texas before Judge Roy Payne
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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.
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`*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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`*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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`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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`Serve Objections to Rebuttal Pretrial
`Disclosures
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`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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`Case 2:24-cv-00178-JRG-RSP Document 26 Filed 10/03/24 Page 3 of 7 PageID #: 396
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`November 24, 2025
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`September 8, 2025
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`June 25, 2025
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`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
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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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`*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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`*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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`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert
`Witnesses
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`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
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`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
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`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
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`*Claim Construction Hearing – 9:00 a.m. in
`Marshall, Texas before Judge Roy Payne
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`*Comply with P.R. 4-5(d) (Joint Claim
`Construction Chart)
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`*Comply with P.R. 4-5(c) (Reply Claim
`Construction Brief)
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`Case 2:24-cv-00178-JRG-RSP Document 26 Filed 10/03/24 Page 4 of 7 PageID #: 397
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`June 18, 2025
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`October 30, 2024
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`November 26, 2024
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`October 30, 2024
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`November 26, 2024
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`Comply with P.R. 4-5(b) (Responsive Claim
`Construction Brief)
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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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`Comply with P.R. 4-3 (Joint Claim
`Construction Statement)
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`Comply with P.R. 4-2 (Exchange Preliminary
`Claim Constructions)
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`Comply with P.R. 4-1 (Exchange Proposed
`Claim Terms)
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`Comply with Standing Order Regarding
`Subject-Matter Eligibility Contentions4
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`Comply with P.R. 3-3 & 3-4 (Invalidity
`Contentions)
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`4 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 2:24-cv-00178-JRG-RSP Document 26 Filed 10/03/24 Page 5 of 7 PageID #: 398
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`October 9, 2024
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`October 2, 2024
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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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`September 25, 2024
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`Join Additional Parties
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`September 4, 2024
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`Comply with P.R. 3-1 & 3-2 (Infringement
`Contentions)
`(*) 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
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`Case 2:24-cv-00178-JRG-RSP Document 26 Filed 10/03/24 Page 6 of 7 PageID #: 399
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`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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`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
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`Case 2:24-cv-00178-JRG-RSP Document 26 Filed 10/03/24 Page 7 of 7 PageID #: 400
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`combination of references upon which the Defendant shall rely at trial, with respect to
`each theory of invalidity. Other than as set forth in the above deadlines, 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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