Case 2:19-cv-00025-JRG Document 39 Filed 06/04/19 Page 1 of 5 PageID #: 392
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`REMBRANDT WIRELESS
`TECHNOLOGIES, LP
`
`
`
`Plaintiff,
`
`v.
`
`APPLE, INC.
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Civil Action No. 2:19-CV-0025-JRG
`
`JURY TRIAL DEMANDED
`
`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:
`
`June 1, 2020
`April 27, 2020
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`April 20, 2020
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`April 20, 2020
`
`April 20, 2020
`
`April 13, 2020
`
`* Jury Selection – 9:00 a.m. in Marshall, Texas before Judge Rodney Gilstrap
`* Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge Rodney
`Gilstrap
`* Notify Deputy Clerk in Charge regarding the date and time by which juror
`questionnaires shall be presented to accompany by jury summons if the Parties
`desire to avail themselves the benefit of using juror questionnaires1
`* Notify Court of Agreements Reached During Meet and Confer
`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.
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror
`Questionnaires in Advance of Voir Dire.
`
`Rembrandt Wireless
`Ex. 2008
`Apple Inc. v. Rembrandt Wireless Technologies, LP, IPR2020-00034
`Page 1 of 5
`
`

`

`Case 2:19-cv-00025-JRG Document 39 Filed 06/04/19 Page 2 of 5 PageID #: 393
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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,
`Shelly
`Holmes,
`at
`shelly_holmes@txed.uscourts.gov.
`File Motions in Limine
`
`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). 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.2
`Motions for Summer Judgment shall comply with Local Rule CV-56.
`*File Motions to Strike Expert Testimony (including Daubert Motions)
`
`April 6, 2020
`
`April 6, 2020
`March 23, 2020
`
`March 16, 2020
`
`March 9, 2020
`
`February 24, 2020
`
`February 24, 2020
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`No motion to strike expert testimony (including Daubert motion) may be filed
`after this date without leave of the Court.
`*File Dispositive Motions
`
`No dispositive motion may be filed 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 among parties.
`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
`
`February 24, 2020
`February 3, 2020
`January 13, 2020
`January 13, 2020
`
`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.
`
`- 2 -
`
`Rembrandt Wireless
`Ex. 2008
`Apple Inc. v. Rembrandt Wireless Technologies, LP, IPR2020-00034
`Page 2 of 5
`
`

`

`Case 2:19-cv-00025-JRG Document 39 Filed 06/04/19 Page 3 of 5 PageID #: 394
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`December 30, 2019
`
`Deadline to Complete Mediation
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`December 23, 2019
`December 2, 2019
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`November 18, 2019
`November 12, 2019
`November 4, 2019
`October 21, 2019
`
`The parties are responsible for ensuring that a mediation report is filed no later
`than 5 days after the conclusion of mediation.
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`*Claim Construction Hearing – 1:30 p.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 (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)
`
`October 21, 2019
`
`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
`
`October 7, 2019
`September 30, 2019
`September 16, 2019
`
`September 9, 2019
`August 19, 2019
`July 29, 2019
`July 8, 2019
`June 10, 2019
`
`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
`
`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 Constructive Statement)
`Comply with P.R. 4-2 (Exchange Preliminary Claim Construction)
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
`*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.
`
`- 3 -
`
`Rembrandt Wireless
`Ex. 2008
`Apple Inc. v. Rembrandt Wireless Technologies, LP, IPR2020-00034
`Page 3 of 5
`
`

`

`Case 2:19-cv-00025-JRG Document 39 Filed 06/04/19 Page 4 of 5 PageID #: 395
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`June 3, 2019
`
`*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.
`Join Additional Parties
`*File Notice of Mediator
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`
`May 28, 2019
`May 23, 2019
`May 6, 2019
`
`(*) 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 REQUIREMENTS
`
`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 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 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.
`
`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.
`
`- 4 -
`
`Rembrandt Wireless
`Ex. 2008
`Apple Inc. v. Rembrandt Wireless Technologies, LP, IPR2020-00034
`Page 4 of 5
`
`

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`Case 2:19-cv-00025-JRG Document 39 Filed 06/04/19 Page 5 of 5 PagelD #: 396
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`Amendments to the Docket Control Order 1“DCO”z: 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’).”
`
`So Ordered this
`
`Jun 4, 2019
`
`
`
`RODNEY GILS’ ”RAP
`
`UNITED STATt. DISTRICT JUDGE
`
`Ex. 2008
`_ 5 _
`Apple Inc. v. Rembrandt Wireless Technologies, LP, |PR2020-00034
`
`Rembrandt Wireless
`
`Page 5 of 5
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