Case 6:11-cv-00492-LED-JDL Document 231 Filed 09/05/12 Page 1 of 3 PageID #: 1600
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`NETWORK-1 SECURITY SOLUTIONS, INC., a
`Delaware corporation,
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` Plaintiff,
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`vs.
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`Alcatel-Lucent USA Inc., a Delaware corporation,
` et al.
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` Defendants.
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`CASE NO. 6:11cv492
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`AGREED MOTION FOR ENTRY OF DOCKET CONTROL ORDER,
`DISCOVERY ORDER, ORDER REGARDING E-DISCOVERY IN PATENT
`CASES, AND PROTECTIVE ORDER AND AGREED MOTION FOR
`EXTENSION REGARDING SUBMISSION OF AGREED MEDIATOR
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`Pursuant to the Scheduling Order dated August 9, 2012 (Dkt. No. 222), Plaintiff
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`Network-1 Security Solutions, Inc. (“Plaintiff”) files this Agreed Motion for Entry of
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`Docket Control Order, Discovery Order, Order Regarding E-Discovery in Patent Cases,
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`and Protective Order and Agreed Motion for Extension Regarding Submission of Agreed
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`Mediator. The parties have met and conferred and reached an agreement as to the form
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`and substance of the Docket Control Order, Discovery Order, Order Regarding E-
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`Discovery in Patent Cases, and Protective Order and respectfully request that the Court
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`enter the agreed orders attached to this motion. Because the parties have reached an
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`agreement regarding each of these orders, the parties do not see a need for a
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`scheduling/status conference in this case.
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`
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`AVAYA INC. AV-1016
`Avaya Inc. v. Network­1 Security Solutions, Inc.
`IPR2013­00071
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`

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`Case 6:11-cv-00492-LED-JDL Document 231 Filed 09/05/12 Page 2 of 3 PageID #: 1601
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`Additionally, although the parties have not yet agreed on a mediator in this case,
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`they are confident that they will be able to reach an agreement with some additional
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`discussion. Accordingly, the parties request a 10 day extension of the deadline to submit
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`the name of an agreed mediator to the Court until September 17, 2012.
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`Respectfully submitted,
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`By:
`
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`/s/ Sean A. Luner w/permission T. John
`Ward, Jr.
`Sean A. Luner
`State Bar No. 165443
`Gregory S. Dovel
`State Bar No. 135387
`Dovel & Luner, LLP
`201 Santa Monica Blvd., Suite 600
`Santa Monica, CA 90401
`Telephone: 310-656-7066
`Facsimile: 310-657-7069
`Email: greg@dovellaw.com
`
`T. John Ward, Jr.
`State Bar No. 00794818
`Ward & Smith Law Firm
`P.O. Box 1231
`Longview, Texas 75606-1231
`(903) 757-6400 (telephone)
`(903) 757-2323 (facsimile)
`E-mail: jw@wsfirm.com
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`ATTORNEYS FOR PLAINTIFF,
`NETWORK-1 SECURITY
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`SOLUTIONS, INC.
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`/s/ T. John Ward, Jr.
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`/s/ T. John Ward, Jr.
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`Case 6:11-cv-00492-LED-JDL Document 231 Filed 09/05/12 Page 3 of 3 PageID #: 1602
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing document was served
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`by e-mail via the Eastern District of Texas ECF System to all counsel of record on this
`the 5th day of September, 2012.
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`CERTIFICATE OF CONFERENCE
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`I certify that I have complied with the meet and confer requirement in Local Rule
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`CV-7(H) and this motion is unopposed.
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`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 1 of 11 PageID #:
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`CASE NO. 6:11-cv-492
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`JURY DEMANDED
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`NETWORK-1 SECURITY SOLUTIONS, INC., a
`Delaware corporation,
`
` Plaintiff,
`
`vs.
`
`Alcatel-Lucent USA Inc., a Delaware corporation;
`Alcatel-Lucent Holdings Inc., a Delaware
`corporation; Allied Telesis, Inc., a Delaware
`corporation; Avaya Inc., a Delaware corporation;
`AXIS Communications AB, a Swedish corporation;
`AXIS Communications, Inc., a Massachusetts
`corporation; Dell Inc., a Delaware corporation;
`GarrettCom, Inc., a California corporation; Hewlett-
`Packard Company, a Delaware corporation; Huawei
`Technologies Co., Ltd., a People’s Republic of China
`corporation; Huawei Technologies USA Inc., a
`Texas corporation; Juniper Networks, Inc., a
`Delaware corporation; NEC Corporation, a Japanese
`corporation; NEC Corporation of America, a
`Delaware corporation; Polycom, Inc., a Delaware
`corporation; Samsung Electronics Co., Ltd., a South
`Korean corporation, Samsung Electronics America,
`Inc., a New York corporation; Samsung
`Telecommunications America, LLC, a Delaware
`limited liability company; ShoreTel, Inc., a Delaware
`corporation; Sony Corporation, a Japanese
`corporation, Sony Corporation of America, a New
`York corporation; Sony Electronics Inc., a Delaware
`corporation;
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` Defendants.
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`DOCKET CONTROL ORDER
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`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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`1
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`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 2 of 11 PageID #:
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`12/08/2014
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`Court designated date – not flexible
`without good cause - Motion Required
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`9:00 a.m. JURY TRIAL as reached at the United States District
`Court, 211 W. Ferguson, 3rd Floor, Courtroom of Judge Leonard
`Davis, Tyler, Texas.
`
`
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`ORDER REGARDING EXHIBITS, EXHIBIT LISTS AND
`WITNESS LISTS:
`On the first day of trial, each party is required to have on hand the
`A.
`following:
`(1)
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`One copy of their respective original exhibits. Each exhibit
`shall be properly labeled with the following information:
`Identified as either Plaintiff’s or Defendant’s Exhibit, the
`Exhibit Number and the Case Number. In addition, exhibits
`shall be placed in properly marked manilla folders and
`contained in a box with handles.
`Three (3) hard copies of their exhibit list and witness list.
`The Court’s preferred format for Exhibit Lists is available
`on the Court’s website at www.txed.uscourts.gov under
`“Orders & Forms.”
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`(2)
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`During trial on a daily basis, each party shall tender to the Court a list of
`B.
`exhibits admitted for each day.
`A description of the exhibits is not necessary, just a list containing
`the exhibit numbers. For example, Plaintiff will submit a document
`entitled, “Plaintiff’s List of Exhibits Admitted on (the date).” Said
`daily lists are to be tendered the following day. (If trial commences
`on Monday, Monday’s list will be due Tuesday morning and so on
`until the conclusion of trial).
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`C.
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`D.
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`At the conclusion of the evidentiary phase of trial, each party
`shall be responsible for pulling those exhibits admitted at trial and
`tender those to the Courtroom Deputy, who will verify the
`exhibits and tender them to the jury for their deliberations.
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`At the conclusion of trial, all boxes of exhibits shall be returned to
`the respective parties and the parties are instructed to remove these
`exhibits from the courtroom.
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`(2)
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`Within five business days of the conclusion of trial, each party shall
`E.
`submit to the Court (to Chambers)
`the following:
`(1)
`A Final Exhibit List of Exhibits Admitted During Trial, and
`in addition provide the Court a disk containing this document
`in Word format.
`A disk or disks containing their respective admitted trial
`exhibits in PDF format, with the exception of sealed
`exhibits. If the Court ordered any exhibits sealed during
`trial, the Sealed Exhibits shall be copied on a separate disk.
`If tangible or over-sized exhibits were admitted, such
`exhibits shall be substituted with a photograph to be
`converted to a PDF file and shall be included in the Court’s
`disk of admitted exhibits.
` A disk or disks containing the transcripts of Video
`2
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`(3)
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`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 3 of 11 PageID #:
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`Depositions played during trial, along with a copy of the
`actual video deposition.
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`F.
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`After verification of final exhibit lists, the Courtroom Deputy shall
`file and docket the lists, and the disk or disks containing the exhibits
`in PDF format shall be stored in the Clerk’s Office.
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`9:00 a.m. JURY SELECTION at the United States District
`Court, 211 W. Ferguson, 3rd Floor, Courtroom of Judge
`Leonard Davis, Tyler, Texas.
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`9:00 a.m. PRETRIAL CONFERENCE at the United States
`District Court, 211 W. Ferguson, 2nd Floor, Courtroom of Judge
`John D. Love, Tyler, Texas.
`
`All pending motions will be heard.
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`Parties to file estimates of the amount of time they request at jury
`selection and trial for (1) voir dire, (2) opening statements, (3) direct
`and cross examinations, and (4) closing arguments.
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`Responses to Motions in Limine due.
`Pretrial Objections due.
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`Objections to Rebuttal Deposition Testimony due.
`Motions in Limine due. The parties are directed to confer and advise
`the Court on or before 3:00 o’clock p.m. the day before the pre-trial
`conference which paragraphs are agreed to and those that need to be
`addressed at the pre-trial conference.
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`Rebuttal Designations and Objections to Deposition Testimony
`due. Cross examination line and page numbers to be included. In
`video depositions, each party is responsible for preparation of the
`final edited video in accordance with their parties’ designations and
`the Court’s rulings on objections.
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`Pretrial Disclosures Due.
`Video and Stenographic Deposition Designation due. Each party who
`proposes to offer deposition testimony shall file a disclosure
`identifying the line and page numbers to be offered.
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`Second mediation to be completed.
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`Joint Pretrial Order, Joint Proposed Jury Instructions with
`citation to authority and Form of the Verdict for jury trials due.
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`3
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`12/01/2014
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`Court designated date – not flexible
`without good cause - Motion Required
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`11/20/2014
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`Court designated date – not flexible
`without good cause - Motion Required
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`11/18/2014
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`11/10/2014
`10/27/2014
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`10/27/2014
`10/20/2014
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`10/15/2014
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`09/22/2014
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`09/19/2014
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`09/11/2014
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`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 4 of 11 PageID #:
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`Proposed Findings of Fact and Conclusions of Law with citation to
`authority for issues tried to the bench.
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`Notice of Request for Daily Transcript or Real Time Reporting of
`Court Proceedings due. If a daily transcript or real time reporting of
`court proceedings is requested for trial or hearings, the party or parties
`making said request shall file a notice with the Court and email the
`Court Reporter, Shea Sloan, at shea_sloan@txed.uscourts.gov.
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`Defendants to provide marked up draft of Joint Pretrial Order
`Network-1 to provide initial draft of Joint Pretrial Order
`Response to Dispositive Motions (including Daubert motions)
`due. Responses to dispositive motions filed prior to the dispositive
`motion deadline, including Daubert motions, shall be due in
`accordance with Local Rule CV-56 and Local Rule CV-7. Motions
`to extend page limits will only be granted in exceptional
`circumstances.
`
`Dispositive Motions due from all parties and any other motions
`that may require a hearing (including Daubert motions) due.
`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.
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`Parties to Identify Rebuttal Trial Witnesses.
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`Parties to Identify Trial Witnesses;
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`Amend Pleadings (after Markman Hearing). It is not necessary to
`file a Motion for Leave to Amend before the deadline to amend
`pleadings. It is necessary to file a Motion for Leave to Amend after
`the deadline. However, except as provided in Patent Rule 3-6, if
`the amendment would effect infringement contentions or invalidity
`contentions, a motion must be made pursuant to Patent Rule 3-6
`irrespective of whether the amendment is made prior to this
`deadline.
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`Deadline to File Letter Briefs for Summary Judgment Motions
`and
`Daubert Motions. See the Court’s website for further information.
`Expert Discovery Deadline.
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`Parties designate rebuttal expert witnesses (non-construction issues),
`Rebuttal expert witness reports due. Refer to Local Rules for
`required information.
`4
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`08/28/2014
`08/11/2014
`07/28/2014
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`06/23/2014
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`04/28/2014
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`04/14/2014
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`04/14/2014
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`03/31/2014
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`03/03/2014
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`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 5 of 11 PageID #:
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`Parties with burden of proof designate expert witnesses (non-
`construction issues). Expert witness reports due. Refer to Local
`Rules for required information.
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`Fact Discovery Deadline.
`Document Production Deadline.
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`Comply with P.R.3-7 - Furnishing documents and privilege logs
`pertaining to willful infringement.
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`Markman hearing and hearing on any Motion for Summary
`Judgment of Indefiniteness at 9:00 a.m. at the United States
`District Court, 211 West Ferguson, 2nd Floor, Courtroom of
`Judge John D. Love, Tyler, Texas.
`
`
`In order to streamline the Markman hearing, the Court will propose
`a construction for a particular claim term and each party will then
`have the opportunity to respond to the Court’s proposed
`construction. The Court will take the parties’ arguments under
`advisement and issue a claim construction opinion at a later date.
`
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`Tutorials due. Deadline for parties, if they desire, to provide Court
`with tutorials concerning technology involved in patent. If a
`technical advisor has been appointed, each party that provides a
`tutorial shall provide a copy to the advisor.
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`P.R. 4-5(d) Chart due. The parties are to meet and confer and
`jointly submit a claim construction chart on computer disk in Word
`format listing each party’s proposed construction for each of the
`terms to be addressed at the Markman hearing, including any terms
`purported to be indefinite. The parties should prioritize and list
`the terms in order of most importance; the Court will address the
`terms in the prioritized order presented in the claim construction
`chart.
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`01/17/2014
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`12/20/2013
`10/31/2013
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`10/17/2013
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`09/19/2013
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`09/9/2013
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`09/2/2013
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`Reply to Motion for Summary Judgment of Indefiniteness due.
`The filing party is to provide the Court with 2 binders containing
`their brief and exhibits appropriately tabbed. If a technical advisor
`has been appointed the moving party is to provide their brief on
`disk or CD along with a hard copy, tabbed and bound in notebook
`format with exhibits to the advisor.
`
`Briefing shall comply with Local Rules CV-7 and 56 and Patent
`Rule 4-5(e). Pages shall be counted against the party’s total page
`limit. See Local Rules CV- 7(a)(3). Motions to extend page limits
`5
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`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 6 of 11 PageID #:
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`08/19/2013
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`07/29/2013
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`will only be granted in exceptional circumstances.
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`Parties to file a notice with the Court stating the estimated amount
`of time requested for the Markman Hearing. The Court will notify
`the parties if it is unable to accommodate this request.
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`Comply with P.R. 4-5(c) - Reply brief and supporting evidence due
`re response to claim construction. The filing party is to provide the
`Court with 2 binders containing their reply brief and exhibits
`appropriately tabbed. If a technical advisor has been appointed the
`moving party is to provide their brief on disk or CD along with a
`hard copy, tabbed and bound in notebook format with exhibits to the
`advisor.
`
`Response to Motion for Summary Judgment of Indefiniteness
`due. The filing party is to provide the Court with 2 binders
`containing their brief and exhibits appropriately tabbed. If a
`technical advisor has been appointed the moving party is to provide
`their brief on disk or CD along with a hard copy, tabbed and bound
`in notebook format with exhibits to the advisor.
`
`Briefing shall comply with Local Rules CV-7 and 56 and Patent
`Rule 4-5(e). Pages shall be counted against the party’s total page
`limit. See Local Rules CV- 7(a)(3). Motions to extend page limits
`will only be granted in exceptional circumstances.
`
`Comply with P.R. 4-5(b) - Responsive brief and supporting
`evidence due to party claiming patent infringement. The filing party
`is to provide the Court with 2 binders containing their Markman
`brief and exhibits appropriately tabbed. If a technical advisor has
`been appointed the moving party is to provide their Markman
`brief on disk or CD along with a hard copy, tabbed and bound in
`notebook format with exhibits to the advisor.
`
`Motion for Summary Judgment of Indefiniteness due. The
`moving party is to provide the Court with 2 binders containing
`their brief and exhibits appropriately tabbed. If a technical advisor
`has been appointed the moving party is to provide their brief on disk
`or CD along with a hard copy, tabbed and bound in notebook format
`with exhibits to the advisor.
`
`Briefing shall comply with Local Rules CV-7 and 56 and Patent
`Rule 4-5(e). Pages shall be counted against the party’s total page
`limit. See Local Rules CV- 7(a)(3). Motions to extend page limits
`will only be granted in exceptional circumstances.
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`6
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`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 7 of 11 PageID #:
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`07/12/2013
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`07/1/2013
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`07/1/2013
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`07/1/2013
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`06/21/2013
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`06/21/2013
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`06/14/2013
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`5/24/2013
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`Deadline to File Letter Brief for Motion for Summary
`Judgment of Indefiniteness. See the Court’s website for further
`information.
`
`Comply with P.R. 4-5(a) - The party claiming patent infringement
`shall serve and file an opening brief and any evidence supporting
`its claim construction. The filing party is to provide the Court with
`2 binders containing their Markman brief and exhibits
`appropriately tabbed. If a technical advisor has been appointed the
`moving party is to provide their Markman brief on disk or CD
`along with a hard copy, tabbed and bound in notebook format with
`exhibits to the advisor.
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`
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`Briefing shall comply with Local Rules CV-7 and 56 and Patent
`Rule 4-5(e). Motions to extend page limits will only be granted in
`exceptional circumstances.
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`Respond to Amended Pleadings.
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`Proposed Technical Advisors due if one has not already been
`appointed. Parties to provide name, address, phone number, and
`curriculum vitae for up to three agreed technical advisors and
`information regarding the nominees’ availability for Markman
`hearing or a statement that they could not reach an agreement as to
`any potential technical advisor. If the parties cannot agree on a
`technical advisor, they shall not submit any proposed technical
`advisors to the Court. If the parties feel a technical advisor is
`unnecessary, they shall alert the Court at this time.
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`Discovery Deadline - Claim Construction Issues.
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`Reply to Combined Motion for Summary Judgment and claim
`construction brief due. Brief shall not exceed 5 pages.
`* If an early Markman hearing is scheduled.
`
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`Amended Pleadings (pre-claim construction) due from all parties.
`It is not necessary to file a Motion for Leave to Amend before the
`deadline to amend pleadings. It is necessary to file a Motion for
`Leave to Amend after the deadline. However, if the amendment
`would affect infringement contentions or invalidity contentions, a
`motion must be made pursuant to Patent Rule 3-6(b) irrespective of
`whether the amendment is made prior to this deadline.
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`Response to Combined Motion for Summary Judgment and
`7
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`claim construction brief due. Brief shall not exceed 15 pages.
`* If an early Markman hearing is scheduled.
`
`Proposed Technical Advisors due. Parties shall provide the name,
`address, phone number, and curriculum vitae for up to three agreed
`technical advisors and information regarding the nominees’
`availability for the Markman hearing or a statement that they could
`not reach an agreement as to any potential technical advisor. If the
`parties cannot agree on a technical advisor, they shall not submit
`any proposed technical advisors to the Court. If the parties feel a
`technical advisor is unnecessary, they shall alert the Court at this
`time.
`* If an early Markman hearing is scheduled.
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`First mediation to be completed.
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`Comply with P.R. 4-3 - Filing of Joint Claim Construction and
`Prehearing Statement
`
`In the P.R. 4-3 filing, the parties shall list the most significant terms
`according to the parties’ priorities, which were agreed upon during
`the P.R. 4-2 meet and confer, indicating which of those terms will
`be case or claim dispositive. A maximum of 10 terms will be
`construed, unless parties have received other instruction from the
`Court. If the parties cannot agree to the most important 10 terms,
`the parties shall identify the terms that were agreed upon and then
`divide the remainder evenly between Plaintiff(s) and Defendant(s).
`
`The nonmoving party subject to an indefiniteness challenge must
`provide a preliminary identification of any expert testimony it
`intends to rely on in its response to the moving party’s
`indefiniteness challenge. The nonmoving party shall also provide a
`brief description of that witness’ proposed testimony.
`
`Joint Submission to Construe More Than 10 Terms Due.
`Motions shall be limited to 10 pages.
`
`Combined Motion for Summary Judgment and claim
`construction brief due. Brief shall not exceed 15 pages.
`* If an early Markman hearing is scheduled.
`
`Deadline to File Letter Brief Requesting Early Markman
`Hearing/Summary Judgment of Noninfringement. The Court
`will permit Defendant to submit, if desired, a request to construe no
`more than three “case dispositive” claim terms in a letter brief.
`8
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`05/24/2013
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`05/23/2013
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`04/26/2013
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`04/19/2013
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`03/22/2013
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`The letter brief shall explain the Defendant’s proposed
`constructions of the term(s) and why such a construction will
`dispose of the case. See the Court’s website for further information.
`
`The early claim construction proceeding is intended to address
`dispositive issues with regard to noninfringement, not
`indefiniteness. The Docket Control Order outlines a different
`procedure for motions for summary judgment of indefiniteness.
`Such issues will be addressed at the Markman hearing during the
`regular course of litigation.
`
`Comply with P.R. 4-2 - Exchange of Preliminary Claim
`Constructions and Extrinsic Evidence. Privilege Logs to be
`exchanged by parties (or a letter to the Court stating that there are no
`disputes as to claims of privileged documents).
`
`If a party intends to file a letter brief requesting permission to
`file a motion for summary judgment of invalidity based on
`indefiniteness, it must provide a preliminary identification of any
`expert testimony it intends to rely in its motion. The moving party
`shall also provide a brief description of that witness’ proposed
`testimony. If a party intends to file an indefiniteness challenge
`without the benefit of expert testimony, it must inform the
`nonmoving party.
`
`In order to facilitate the P.R. 4-2 Exchange of Preliminary Claim
`Constructions and Extrinsic Evidence, as well as structure the
`Markman Hearing, the parties shall meet and confer to limit the
`terms in dispute, jointly identifying and prioritizing a maximum of
`10 terms that are likely to be most significant in resolving the
`parties’ dispute, including the terms where construction may be
`case or claim dispositive. If more than 10 terms are to be
`construed, the parties must collectively seek leave from the Court.
`
`If the doctrine of equivalents is asserted, the parties shall disclose
`any prior art that purportedly ensnares the asserted equivalent.
`
`Comply with P.R. 4-1 - Exchange Proposed Terms and Claim
`Elements for Construction.
`
`Comply with P.R. 3-3 and 3-4 - Invalidity Contentions due.
`Thereafter, except as provided in Patent Rule 3-6(a), it is necessary
`to obtain leave of Court to add and/or amend invalidity contentions,
`pursuant to Patent Rule 3-6(b).
`
`Defendant shall join additional parties. It is not necessary to file a
`9
`
`
`
`
`
`
`
`
`
`03/8/2013
`
`
`02/15/2013
`
`
`01/24/2013
`
`12/19/2012
`
`
`
`
`
`

`

`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 10 of 11 PageID #:
` 1612
`
`
`
`
`
`
`
`
`12/10/2012
`
`
`09/24/2012
`
`
`motion to join additional parties prior to this date. Thereafter, it is
`necessary to obtain leave of Court to join additional parties.
`
`Defendant shall assert any counterclaims. After this deadline,
`leave of Court must be obtained to assert any counterclaims.
`
`Add any inequitable conduct allegations to pleadings. It is not
`necessary to file a motion for leave to add inequitable conduct
`allegations to pleadings prior to this date. Thereafter, it is
`necessary to obtain leave of Court to add inequitable conduct
`allegations to pleadings.
`
`Deadline to File Motion to Transfer Venue. In the alternative,
`parties shall move for an extension of time to file a motion to
`transfer.
`
`Comply with P.R. 3-1 and P.R. 3-2 - Disclosure of Asserted
`Claims and Infringement Contentions due. Thereafter, except as
`provided in Patent Rule 3- 6(a), it is necessary to obtain leave of
`Court to add and/or amend infringement contentions, pursuant to
`Patent Rule 3-6(b).
`
`Plaintiff shall join additional parties. It is not necessary to file a
`motion to join additional parties prior to this date. Thereafter, it is
`necessary to obtain leave of Court to join additional parties.
`
`
`
`Plaintiff shall add new patents and/or claims for patents-in-suit. It
`is not necessary to file a motion to add additional patents or claims
`prior to this date. Thereafter, it is necessary to obtain leave of Court
`to add patents or claims.
`
`Docket Control Order and Discovery Order Due.
`
`EXPECTED LENGTH OF TRIAL: 5 days
`
`
`
`09/5/2012
`
`No. of trial days
`
`
`
`
`
`In the event that any of these dates fall on a weekend or Court holiday, the deadline is
`modified to be the next Court business day.
`
`The parties are directed to Local Rule CV-7(d), which provides in part that “[i]n the
`event a party fails to oppose a motion in the manner prescribed herein the Court will
`assume that the party has no opposition.” Local Rule CV-7(e) provides that a party opposing a
`motion has 17 days in which to serve and file supporting documents and briefs after which the
`Court will consider the submitted motion for decision.
`
`10
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`
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`
`
`
`
`

`

`Case 6:11-cv-00492-LED-JDL Document 231-1 Filed 09/05/12 Page 11 of 11 PageID #:
` 1613
`
`
`
`All depositions to be read into evidence as part of the parties’ case-in-chief shall be
`(a)
`EDITED so as to exclude all unnecessary, repetitious, and irrelevant testimony; ONLY those
`portions which are relevant to the issues in controversy shall be read into evidence.
`
`The following excuses will not warrant a continuance nor justify a failure to comply with
`(b)
`the discovery deadline:
`
`
`
`
`
`
`(i)
`
`(ii)
`
`(iii)
`
`
`
`
`
`
`
`
`OTHER
`LIMITATIONS
`
`The fact that there are motions for summary judgment or motions to dismiss
`pending;
`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.
`
`11
`
`

`

`Case 6:11-cv-00492-LED-JDL Document 231-2 Filed 09/05/12 Page 1 of 8 PageID #:
` 1614
`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`NETWORK-1 SECURITY SOLUTIONS, INC., a
`Delaware corporation,
`
` Plaintiff,
`
`vs.
`
`Alcatel-Lucent USA Inc., a Delaware corporation;
`Alcatel-Lucent Holdings Inc., a Delaware
`corporation; Allied Telesis, Inc., a Delaware
`corporation; Avaya Inc., a Delaware corporation;
`Axis Communications AB, a Swedish corporation;
`Axis Communications, Inc., a Massachusetts
`corporation; Dell Inc., a Delaware corporation;
`GarrettCom, Inc., a California corporation; Hewlett-
`Packard Company, a Delaware corporation; Huawei
`Technologies Co., Ltd., a People’s Republic of China
`corporation; Huawei Technologies USA Inc., a
`Texas corporation; Juniper Networks, Inc., a
`Delaware corporation; NEC Corporation, a Japanese
`corporation; NEC Corporation of America, a
`Delaware corporation; Polycom, Inc., a Delaware
`corporation; Samsung Electronics Co., Ltd., a South
`Korean corporation, Samsung Electronics America,
`Inc., a New York corporation; Samsung
`Telecommunications America, LLC, a Delaware
`limited liability company; ShoreTel, Inc., a Delaware
`corporation; Sony Corporation, a Japanese
`corporation, Sony Corporation of America, a New
`York corporation; Sony Electronics Inc., a Delaware
`corporation;
`
` Defendants.
`
`
`
`
`
`CASE NO. 6:11-cv-492
`
`JURY DEMANDED
`
`
`
`
`
`
`DISCOVERY ORDER
`
`

`

`Case 6:11-cv-00492-LED-JDL Document 231-2 Filed 09/05/12 Page 2 of 8 PageID #:
` 1615
`
`
`
`
`After review of the pleaded claims and defenses in this action and in furtherance of the
`management of the Court’s docket under Fed. R. Civ. P. 16, the Court enters the following
`Discovery Order:
`
`1.
`
`Disclosures. By November 2, 2012, and without awaiting a discovery request, each party
`shall disclose to every other party the following information:
`
`A.
`B.
`C.
`
`D.
`
`E.
`
`F.
`G.
`
`the correct names of the parties to the lawsuit;
`the name, address, and telephone number of any potential parties;
`the legal theories and, in general, the factual bases of the disclosing party’s claims
`or defenses (the disclosing party need not marshal all evidence that may be offered
`at trial);
`the name, address, and telephone number of persons having knowledge of relevant
`facts, a brief statement of each identified person’s connection with the case, and a
`brief, fair summary of the substance of the information known by such person;
`any indemnity and insuring agreements under which any person or entity may be
`liable to satisfy part or all of a judgment entered in this action or to indemnify or
`reimburse for payments made to satisfy the judgment;
`any settlement agreements relevant to the subject matter of this action;
`any statement of any party to the litigation;
`
`2.
`
`Additional Disclosures. Each party shall provide to every other party the following
`information:
`
`A.
`
`B.
`
`the disclosures required by the Court’s Patent Rules in accordance with the
`deadlines set forth in said rules and the Court’s Docket Control Order;
`to the extent that any party pleads a claim for relief or defensive matter other than
`those addressed in the Patent Rules1, by January 24, 2013, and without awaiting a
`discovery request, a copy of all documents, data compilations and tangible things in
`the possession, custody, or control of the party that are relevant to those additionally
`pleaded claims or defenses involved in this action. By written agreement of all
`parties, alternative forms of disclosure may be provided in lieu of paper copies. For
`example, the parties may agree to exchange images of documents electronically or
`by means of computer disk; or the parties may agree to review and copy disclosure
`materials at the offices of the attorneys representing the parties instead of requiring
`each side to furnish paper copies of the disclosure materials; and
`by January 24, 2013 a complete computation of any category of damages claimed
`by any party to the action, making available for inspection and copying (See Local
`Rule CV-34), the documents or other evidentiary materials on which such
`computation is based, including materials bearing on the nature and extent of
`
`1 The Patent Rules are Appendix M to the Local Rules which are available on the Court’s website at
`www.txed.uscourts.gov.
`
`
`
`C.
`
`

`

`Case 6:11-cv-00492-LED-JDL Document 231-2 Filed 09/05/12 Page 3 of 8 PageID #:
` 1616
`
`
`
`
`3.
`
`4.
`
`
`
`
`
`
`injuries suffered; and those documents and authorizations described in Local Rule
`CV-34.
`
`Testifying