Case 2:19-cv-00066-JRG Document 124 Filed 04/02/20 Page 1 of 4 PageID #: 4813
`
`UNITED STATES DISTRICT COURT
` EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`OPTIS WIRELESS TECHNOLOGY, LLC,
`OPTIS CELLULAR TECHNOLOGY, LLIC,
`UNWIRED PLANET, LLC, UNWIRED
`PLANET INTERNATIONAL LIMITED,
`AND PANOPTIS PATENT
`MANAGEMENT, LLC.,
`
`v.
`
`APPLE INC.,
`
`Plaintiffs,
`
`Defendant.
`
`Case No. 2:19-CV-0066-JRG
`
`Jury Trial demanded
`
`JOINT MOTION TO AMEND THE DOCKET CONTROL ORDER
`
`Plaintiffs Optis Wireless Technology, LLC, Optis Cellular Technology, LLC, Unwired
`
`Planet, LLC, Unwired Planet International Limited, and PanOptis Patent Management, LLC and
`
`Defendant Apple Inc. (collectively, the Parties) jointly file this Joint Motion to Amend the
`
`Docket Control Order to adjust the deadlines in the Third Amended Docket Control Order (Dkt.
`
`XX) pursuant to the Court’s March 20, 2020 Order (Dkt. 120). A copy of the Parties’ Proposed
`
`Fourth Amended Docket Control Order is attached as Exhibit A.
`
`(cid:3)
`
`1(cid:3)
`
`IPR2020-00465
`APPLE v. OPTIS
`APPLE 1070
`
`

`

`Case 2:19-cv-00066-JRG Document 124 Filed 04/02/20 Page 2 of 4 PageID #: 4814
`
`Dated: April 3, 2020
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Samuel F. Baxter
`Samuel F. Baxter - Lead Counsel
`Texas State Bar No. 1938000
`sbaxter@McKoolSmith.com
`Jennifer Truelove
`Texas State Bar No. 24012906
`jtruelove@McKoolSmith.com
`McKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, TX 75670
`Phone: (903) 923-9000; Fax: (903) 923-9099
`
`Steven J. Pollinger
`Texas State Bar No. 24011919
`spollinger@McKoolSmith.com
`McKOOL SMITH, P.C.
`300 W. 6th Street Suite 1700
`Austin, TX 78701
`Phone: (512) 692-8700; Fax: (512) 692-8744
`
`Jason Sheasby (pro hac vice)
`jsheasby@irell.com
`Hong Zhong, PhD
`hzhong@irell.com
`IRELL & MANELLA LLP
`1800 Ave of the Stars, Suite 900
`Los Angeles, CA 90064
`Phone: (310) 203-7096; Fax: (310) 203-7199
`
`M. Jill Bindler
`Texas Bar No. 02319600
`jbindler@grayreed.com
`GRAY REED & MCGRAW LLP
`1601 Elm Street, Suite 4600
`Dallas, Texas 75201
`Phone: (214) 954-4135; Fax: (469) 320-6901
`
`ATTORNEYS FOR PLAINTIFFS OPTIS
`WIRELESS TECHNOLOGY, LLC,
`OPTIS CELLULAR TECHNOLOGY,
`LLC, AND PANOPTIS PATENT
`MANAGEMENT, LLC
`
`
`
`(cid:3)
`
`2(cid:3)
`
`

`

`Case 2:19-cv-00066-JRG Document 124 Filed 04/02/20 Page 3 of 4 PageID #: 4815
`
`Dated: April 3, 2020
`
`Respectfully submitted,
`
`
`
`
`
`/s/Mark D. Selwyn
`Mark D. Selwyn (pro hac vice)
`mark.selwyn@wilmerhale.com
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`950 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 858-6000
`Facsimile: (650) 858-6100
`
`Joseph J. Mueller (pro hac vice)
`joseph.mueller@wilmerhale.com
`Timothy D. Syrett (pro hac vice)
`timothy.syrett@wilmerhale.com
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`Telephone: (617) 526-6000
`Facsimile: (617) 526-5000
`
`Mindy Sooter (pro hac vice)
`mindy.sooter@wilmerhale.com
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`1225 Seventeenth Street, Suite 2600
`Denver, CO 80202
`Telephone: (720) 274-3135
`Facsimile: (720) 274-3133
`
`Brittany Blueitt Amadi (pro hac vice)
`brittany.amadi@wilmerhale.com
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`1875 Pennsylvania Avenue NW
`Washington, DC 20006
`Telephone: (202) 663-6000
`Facsimile: (202) 663-6363
`
`(cid:3)
`
`3(cid:3)
`
`

`

`Case 2:19-cv-00066-JRG Document 124 Filed 04/02/20 Page 4 of 4 PageID #: 4816
`
`Melissa R. Smith State Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Defendant Apple Inc.
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the above and foregoing document has
`
`been served on all counsel of record via the Court’s ECF system on April 3, 2020.
`
`
`
`
`(cid:3)
`
`/s/ Sam Baxter
`Sam Baxter
`
`
`
`
`4(cid:3)
`
`

`

`Case 2:19-cv-00066-JRG Document 124-1 Filed 04/02/20 Page 1 of 5 PageID #: 4817
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`OPTIS WIRELESS TECHNOLOGY, LLC, OPTIS
`CELLULAR TECHNOLOGY, LLC, UNWIRED
`PLANET, LLC, UNWIRED PLANET
`INTERNATIONAL LIMITED, AND PANOPTIS
`PATENT MANAGEMENT, LLC.,
`
`Civil Action No. 2:19-cv-66-JRG
`
`
`
`Plaintiffs,
`
`JURY TRIAL
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`FOURTH AMENDED DOCKET CONTROL ORDER
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
`
`
`
`Current
`Deadline
`
`July 7, 2020
`
`Proposed
`Deadline
`
`September 14,
`2020
`
`June 29, 2020
`
`
`
`
`June 26, 2020
`
`
`August 19, 2020
`
`
`
`Action
`
`*Jury Selection – 9:00 a.m. in Marshall
`
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`*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.
`
`

`

`Case 2:19-cv-00066-JRG Document 124-1 Filed 04/02/20 Page 2 of 5 PageID #: 4818
`
`Current
`Deadline
`
`June 19, 2020
`
`
`June 5, 2020
`
`
`June 5, 2020
`
`May 29, 2020
`
`May 25, 2020
`
`
`Proposed
`Deadline
`
`August 19, 2020
`
`
`
`August 19, 2020
`
`
`
`August 5, 2020
`
`
`
`July 29, 2020
`
`
`
`July 22, 2020
`
`
`
`Action
`
`*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
`
`*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
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`Serve Objections to Pretrial Disclosures; and Serve
`Rebuttal Pretrial Disclosures
`
`*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
`Summary Judgment shall comply with Local Rule CV-
`56.
`
`
`1The Parties are referred to the Court’s Standing Order Regarding Use of Juror
`Questionnaires in Advance of Voir Dire.
`
`2The 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.
`
`

`

`Case 2:19-cv-00066-JRG Document 124-1 Filed 04/02/20 Page 3 of 5 PageID #: 4819
`
`Current
`Deadline
`
`May 29, 2020
`
`
`Proposed
`Deadline
`
`July 22, 2020
`
`May 22, 2020
`
`July 15, 2020
`
`May 19, 2020
`
`July 15, 2020
`
`
`
`May 11, 2020
`
`
`May 11, 2020
`
`
`June 29
`
`
`
`June 29
`
`
`
`May 11, 2020
`
`
`June 19
`
`
`
`Action
`
`*File Notice of Request for Daily Transcript or Real
`Time Reporting.
`
`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.
`
`Serve Pretrial Disclosures (Witness List, Deposition
`Designations, and Exhibit List) by the Party with the
`Burden of Proof
`
`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.
`
`*File Motions to Strike Expert Testimony (including
`Daubert Motions)
`
`No motion to strike expert testimony (including a
`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 the parties.
`
`Deadline to Complete Expert Discovery
`
`

`

`Case 2:19-cv-00066-JRG Document 124-1 Filed 04/02/20 Page 4 of 5 PageID #: 4820
`
`Current
`Deadline
`
`April 20, 2020
`
`
`April 29, 2020
`
`
`
`Proposed
`Deadline
`
`June 3
`
`
`
`May 6
`
`Action
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`Serve Disclosures for Expert Witnesses by the Party
`with the Burden of Proof
`
`
`
`April 22, 2020
`
`Deadline to Complete Fact Discovery and File Motions
`to Compel Discovery
`(*) 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)
`
`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;
`
`

`

`Case 2:19-cv-00066-JRG Document 124-1 Filed 04/02/20 Page 5 of 5 PageID #: 4821
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`(c)
`
`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’).”
`
`
`
`