`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`GODO KAISHA 1P BRlDGE 1
`
`v.
`
`BROADCOM L11VIITED. ET AL.
`
`mmwzmwz
`
`Case No. 2: l6-CV-134-JRG—RSP
`
`DOCKET CONTROL ORDER
`
`In accordance with the scheduling conference held in this case. it is hereby ORDERED
`
`that the following schedule of deadlines is in effect until further order of this Court:
`
`*Jury Selection — 9:00 a m. in Marshall, Texas before
`Judge Rodney Gilstrap
`
`*Pretrial Conference — 1:30 pm.
`before Judge Roy Payne
`
`in Marshall, Texas
`
`*Notify Court of Agreements Reached During Meet and
`Confer
`
`June 5, 2017
`
`May 9,2017
`
`May 3. 2017
`
`May 1, 2017
`
`April 24, 2017
`
`
`
`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.
`
`Jury
`Joint Proposed
`Pretrial Order,
`Joint
`*File
`Instructions, Joint Proposed Verdict Form, and Responses
`to Motions in Limine
`
`*File Notice of Request for Daily Transcript or Real Time
`Reporting.
`
`time reporting of court
`If a daily transcript or real
`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.
`Shelly Holmes,
`at
`shelly_holmes@txed.uscourts.gov.
`
`Page 1 0f 5
`
`TSMC Exhibit 1039C
`
`TSMC v. IP Bridge
`IPR2016—01264
`
`
`
`Case 2:16-cv-00134-JRG-RSP Document 34 Filed 05/16/16 Page 2 of 5 PagelD #: 400
`
`April 17, 2017
`
`File Motions in Limine
`
`The parties shall limit their motions in Iimine 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.
`
`April 17, 2017 _ Serve Objections to Rebuttal Pretrial Disclosures
`
`April 3, 2017
`
`March 27, 2017
`
`to Pretrial Disclosures; and Serve
`Serve Objections
`Rebuttal Pretrial Disclosures
`
`(Witness List, Deposition
`Serve Pretrial Disclosures
`Designations, and Exhibit List) by the Party with the
`Burden of Proof
`
`February 27,
`201 7
`
`*File Dispositive Motions or Motions to Strike Expert
`Testimony (including Daubert Motions)
`
`No dispositive motion or motion to strike expert testimony
`(including a Daubert motion) may be filed after this date
`without leave of the Court.
`
`20 l 7
`
`February27, - Deadlineto CompleteExpertDiscovery
`February 6, 2017_ Serve Disclosures for Rebuttal Expert Witnesses
`
`
`
`January 16, 2017
`
`January 16, 2017
`
`January 2. 2017
`
`November 4,
`2016
`
`Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
`
`Serve Disclosures for Expert Witnesses by the Party with
`the Burden of Proof
`
`*Deadline to File Letter Briefs Regarding Dispositive
`Motions
`
`Deadline to Complete Mediation
`
`The parties are responsible for ensuring that a mediation
`report is filed no later than 5 days after the conclusion of
`mediation.
`
`October28. - ComplywithP.R. 3-7 (OpinionofCounselDefenses)
`
`2016
`
`Page 2 of 5
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`
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`Case 2:16-cv-00134-JRG-RSP Document 34 Filed 05/16/16 Page 3 of 5 PagelD #: 401
`
`October 7. 2016
`
`*Claim Construction Hearing — 9:00 am. in Marshall,
`Texas before Judge Roy Payne
`
`(Joint Claim Construction
`*Comply with P.R. 4—5(d)
`September 23,
`
`2016 Chart)
`
`September 16,
`2016
`
`September 9,
`2016
`
`August 26, 2016
`
`*Comply with P.R. 4-5(c) (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)
`
`Good cause must be shown to submit technical tutorials
`
`alter the deadline to comply with P.R 4-5(a).
`
`
`
`August 26, 2016
`
`Deadline to Substantially Complete Document Production
`and Exchange Privilege Logs
`
`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.
`
`August 12, 2016
`
`Comply with PR. 44 (Deadline to Complete Claim
`Construction Discovery)
`
`August 5. 2016 _ File Response to Amended Pleadings
`
`July 22. 2016
`
`*File Amended Pleadings
`
`to amend
`is not necessary to seek leave of Court
`It
`pleadings prior to this deadline unless the amendment
`seeks to assert additional patents.
`
`July 15, 2016
`
`July 29, 2016
`
`Comply with P.R.
`Statement)
`
`4—3
`
`(Joint Claim Construction
`
`June 24. 2016
`
`July 18, 2016
`
`Comply with P.R 4-2 (Exchange Preliminary Claim
`Constructions)
`
`June 3, 2016
`
`June 27, 2016
`
`Comply with P.R. 4—1 (Exchange Proposed Claim Terms)
`
`Page 3 of 5
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`
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`Case 2:16-cv-00134-JRG-RSP Document 34 Filed 05/16/16 Page 4 of 5 PagelD #: 402
`
`June 10, 2016
`
`June 20, 2016
`
`Comply with RR 3-3 & 3-4 Unvalidity Contentions)
`
`
`
`May 20, 2016
`
`*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.
`
`May 13, 2016
`
`*File Proposed Docket Control Order and Proposed
`Discovery Order
`
`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.
`
`May 6, 2016 _ Join Additional Parties
`May 2, 2016 *File Notice of Mediator
`
`
`
`April 15, 2016
`
`Comply with RR 3-1 & 3-2 (Infringement Contentions)
`
`(*) 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.
`
`ADDITIONAL REQUIRENIENTS
`
`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement,
`the Court will appoint a mediator. The parties should not file a list of mediators to be considered
`by the Court.
`
`Summary Judment Motions: Prior to filing any summary judgment motion, the
`parties must submit letter briefs seeking permission to file the motion. The opening letter brief
`in each of those matters shall be no longer than five (5) pages and shall be frled with the Court no
`later than the deadline for filing letter briefs. Answering letter briefs in each of those matters
`shall be no longer than five (5) pages and filed with the Court no later than fourteen (14) days
`thereafler. Reply briefs in each of those matters shall be no longer than three (3) pages and filed
`with the Court no later than five (5) days thereafter. The Court may decide the question on the
`submissions or hold a hearing or telephone conference to hear arguments and to determine
`whether the filing of any motion will be permitted. Letter briefs shall be filed without exhibits.
`Any requests to submit letter briefs alter the deadlines outlined above must show good cause.
`
`AMECURRENT 720507403
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`Page 4 of 5
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`
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`Case 2:16-cv-00134-JRG-RSP Document 34 Filed 05/16/16 Page 5 of 5 PageID #: 403
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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.
`
`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(c)
`
`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.
`
`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’).”
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`Page 5 of 5
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