Case 5:16-cv-00179-RWS Document 170 Filed 06/05/18 Page 1 of 5 PageID #: 10452
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`v.
`
`ZTE CORPORATION and
`ZTE USA INC.,
`
`Defendants.
`
`Case No. 5:16-cv-00179-RWS
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`ORDER
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`Upon consideration of the Parties Stipulated Motion for Entry of Amended Docket
`
`Control Order as to Pretrial Filings Only, the Court finds the Motion is well taken and should be
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`GRANTED.
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`
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`It is hereby ORDERED that the following schedule of remaining deadlines is in effect
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`for Maxell, Ltd. v. ZTE USA, Inc., et al., Case No. 5:16-cv-00179-RWS until further order of this
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`Court:
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`Original Date
`
`
`3 DAYS after
`conclusion of Trial
`
`Proposed
`Amended Date
`(ZTE Case
`Only)
`
`
`June 18, 2018
`
`
`
`Court designated
`date – not flexible
`without good cause
`– Motion Required
`
`Event
`
`Parties to file Motion to Seal Trial Exhibits, if they wish to
`seal any highly confidential exhibits.
`
`EXHIBITS: See Order Regarding Exhibits below.
`9:00 a.m. JURY TRIAL before Judge Robert W. Schroeder
`III, Texarkana, Texas.
`
`For planning purposes, parties shall be prepared to start the
`evidentiary phase of trial immediately following jury selection.
`
`Apple v. Maxell
`IPR2020-00408
`Maxell Ex. 2026
`
`Page 1 of 5
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`

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`Case 5:16-cv-00179-RWS Document 170 Filed 06/05/18 Page 2 of 5 PageID #: 10453
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`Original Date
`
`
`June 18, 2018
`
`Court designated
`date – not flexible
`without good cause
`- Motion Required
`
`June 7, 2018
`
`Court designated
`date – not flexible
`without good cause
`- Motion Required
`
`June 1, 2018
`
`Proposed
`Amended Date
`(ZTE Case
`Only)
`
`
`Event
`
`9:00 a.m. JURY SELECTION before Judge Robert W.
`Schroeder III, Texarkana, Texas.
`
`
`
`
`
`10:00 a.m. PRETRIAL CONFERENCE before Judge
`Robert W. Schroeder III, Texarkana, Texas.
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`Discuss trial logistics and voir dire procedure. Resolve any
`pending motions or objections.
`
`Lead trial counsel must attend the pretrial conference.
`
`File Responses to Motions in Limine.
`
`May 25, 2018
`
`May 28, 2018
`
`File Motions in Limine and pretrial objections
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`May 25, 2018
`
`June 1, 2018
`
`The parties are ORDERED to meet and confer to resolve any
`disputes before filing any motion in limine or objection to
`pretrial disclosures.
`
`File Joint Final Pretrial Order, Joint Proposed Jury
`Instructions with citation to authority and Form of the
`Verdict for jury trials.
`
`Parties shall use the pretrial order form on Judge Schroeder’s
`website.
`
`Proposed Findings of Fact and Conclusions of Law with
`citation to authority for issues tried to the bench.
`
`
`
`In the event that any of these dates fall on a weekend or Court holiday, the deadline is
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`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
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`a party fails to oppose a motion in the manner prescribed herein the Court will assume that the
`party has no opposition.”
`
`
`
`
`Apple v. Maxell
`IPR2020-00408
`Maxell Ex. 2026
`
`Page 2 of 5
`
`

`

`Case 5:16-cv-00179-RWS Document 170 Filed 06/05/18 Page 3 of 5 PageID #: 10454
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`Other Limitations
`
`(a)
`
`(b)
`
`(ii)
`
`(iii)
`
`The following excuses will not warrant a continuance or justify a failure to comply
`with the discovery deadline:
`The fact that there are motions for summary judgment or motions to dismiss
`(i)
`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 shall
`include a chart in the format of the DCO 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). The motion to amend the DCO shall also
`include a proposed DCO in traditional two-column format that incorporates the
`requested changes and that also lists all remaining dates. In other words, the DCO in
`the proposed order should be complete such that one can clearly see all the remaining
`deadlines rather than needing to also refer to an earlier version of the DCO.
`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.
`(d) Motions in Limine: Each side is limited to one (1) motion in limine addressing no
`more than ten (10) disputed issues. In addition, the parties may file a joint motion in
`limine addressing any agreed issues. The Court views motions in limine as
`appropriate for those things that will create a proverbial “skunk in the jury box,” e.g.,
`that, if mentioned in front of the jury before an evidentiary ruling can be made, would
`be so prejudicial that the Court could not alleviate the prejudice with an appropriate
`instruction. Rulings on motions in limine do not exclude evidence, but prohibit the
`party from offering the disputed testimony prior to obtaining an evidentiary ruling
`during trial.
`Exhibits: Each side is limited to designating 250 exhibits for trial absent a showing of
`good cause. The parties shall use the exhibit list sample form on Judge Schroeder’s
`website.
`Deposition Designations: Each side is limited to designating no more than ten (10)
`hours of deposition testimony for use at trial absent a showing of good cause. As trial
`approaches, if either side needs to designate more than ten (10) hours, the party may
`file a motion for leave and show good cause. All depositions to be read into evidence
`as part of the parties’ case-in-chief shall be 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.
`(g) Witness Lists: The parties shall use the sample form on Judge Schroeder’s website.
`
`(c)
`
`(e)
`
`(f)
`
`
`
`Apple v. Maxell
`IPR2020-00408
`Maxell Ex. 2026
`
`Page 3 of 5
`
`

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`Case 5:16-cv-00179-RWS Document 170 Filed 06/05/18 Page 4 of 5 PageID #: 10455
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`A.
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`B.
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`C.
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`D.
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`E.
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`ORDER REGARDING EXHIBITS, EXHIBIT LISTS AND WITNESS LISTS:
`
`On the first day of trial, each party is required to have:
`
`(1) One copy of their respective original exhibits on hand. 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.
`(2) Three hard copies of each party’s exhibit list and witness list on hand.
`(3) One copy of all exhibits on USB Flash Drive(s) or portable hard drive(s). This
`shall be tendered to the Courtroom Deputy at the beginning of trial.
`
`The parties shall follow the process below to admit exhibits.
`(1) On the first day of trial, each party shall tender an “offered” list of exhibits it plans to
`admit into evidence that day which are NOT objected to, and read that list into the
`record. Parties shall entitle the list “[Plaintiff’s/Defendant’s] Exhibits Offered on
`[DATE].” If, during the course of the day’s testimony, a party wishes to offer an
`objected exhibit into evidence, the party may move for admission at the time it wishes
`to use that exhibit with a witness. The Court will then hear the opposing party’s
`objection and will rule on the objection at that time.
`(2) On each subsequent day of trial, parties shall first read into the record any exhibits
`that were admitted over objection from the previous day. The parties shall next
`tender an “offered” list of any additional exhibits NOT objected to that it plans to
`admit that day, and read that list into the record. The list shall be entitled
`“[Plaintiff’s/Defendant’s] Exhibits Offered on [DATE].” Finally, the parties shall
`tender a separate running list of all previously admitted exhibits throughout the course
`of trial entitled “[Plaintiff’s/Defendant’s] Exhibits Previously Admitted through
`[DATE of the most recently completed trial day].”
`(3) At the conclusion of evidence, each party shall read any exhibit that was admitted
`over objection that day into the record and then tender its final list of every admitted
`exhibit, entitled “[Plaintiff’s/Defendant’s] Final List of All Admitted Exhibits.”
`
`At the conclusion of evidence, each party shall be responsible for pulling those exhibits
`admitted at trial, whether used or not, and tender those to the Courtroom Deputy, who
`will verify the exhibits and tender them to the jury for their deliberations. One
`representative from each side shall meet with the Courtroom Deputy to verify the exhibit
`list.
`
`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.
`
`Within five business days of the conclusion of trial, each party shall submit to the
`Courtroom Deputy:
`
`(1)
`(2)
`
`A Final Exhibit List of Exhibits Admitted During Trial in Word format.
`Two CD(s) containing admitted unsealed trial exhibits in PDF format. If the
`Court ordered any exhibits sealed during trial, the Sealed Exhibits shall be
`
`Apple v. Maxell
`IPR2020-00408
`Maxell Ex. 2026
`
`Page 4 of 5
`
`

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`Case 5:16-cv-00179-RWS Document 170 Filed 06/05/18 Page 5 of 5 PageID #: 10456
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`submitted on a separate CD. If tangible or over-sized exhibits were admitted,
`such exhibits shall be substituted with a photograph in PDF format.
`A disk containing the transcripts of Video Depositions played during trial, along
`with a copy of the actual video deposition.
`
`(3)
`
`
`
`
`
`
`
`.
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`
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`____________________________________
`ROBERT W. SCHROEDER III
`UNITED STATES DISTRICT JUDGE
`
`SIGNED this 5th day of June, 2018.
`
`Apple v. Maxell
`IPR2020-00408
`Maxell Ex. 2026
`
`Page 5 of 5
`
`