Case 2:20-cv-00314-JRG-RSP Document 79 Filed 02/25/21 Page 1 of 6 PageID #: 867
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`LIBERTY PATENTS, LLC.,
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` Plaintiff,
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`v.
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`LENOVO GROUP LIMITED, ET AL.,
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` Defendants.
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`Case No. 2:20-cv-00314-JRG-RSP
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`SECOND AMENDED DOCKET CONTROL ORDER
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`Before the Court is the Unopposed Motion to Amend Docket Control Order filed by
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`Plaintiff Liberty Patents, LLC. Dkt. No. 61. Liberty Patents’ Motion seeks to extend the deadline
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`to file a proposed protective order from February 17, 2021 to February 22, 2021.
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`The Court GRANTS the Motion. In accordance with the granted Motion, it is hereby
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`ORDERED that the following schedule of deadlines is in effect until further order of this Court:
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`PRIOR DATE
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`NEW DATE
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`EVENT
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`March 7, 2022
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`February 7, 2022
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`February 1, 2022
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
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`*If a juror questionnaire is to be used, an editable
`(in Microsoft Word format) questionnaire shall be
`jointly submitted to the Deputy Clerk in Charge by
`this date.1
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`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Roy Payne
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`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir
`Dire.
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`Case 2:20-cv-00314-JRG-RSP Document 79 Filed 02/25/21 Page 2 of 6 PageID #: 868
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`PRIOR DATE
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`NEW DATE
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`EVENT
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`January 24, 2022
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`January 24, 2022
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`January 18, 2022
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`January 10, 2022
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`January 10, 2022
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`January 3, 2022
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`December 20, 2021
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`*Notify Court of Agreements Reached During
`Meet and Confer
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`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.
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`*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
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`*File Notice of Request for Daily Transcript or
`Real Time Reporting.
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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.
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`File Motions in Limine
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`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.
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`Serve Objections to Rebuttal Pretrial Disclosures
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`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
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`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List) by the
`Party with the Burden of Proof
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`2
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`Case 2:20-cv-00314-JRG-RSP Document 79 Filed 02/25/21 Page 3 of 6 PageID #: 869
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`PRIOR DATE
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`NEW DATE
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`EVENT
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`December 13, 2021
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`November 29, 2021
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`November 29, 2021
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`November 22, 2021
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`November 8, 2021
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`October 18, 2021
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`October 18, 2021
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`*Response to Dispositive Motions (including
`Daubert Motions).
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`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.
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`*File Motions to Strike Expert Testimony
`(including Daubert Motions)
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`No motion to strike expert testimony (including a
`Daubert motion) may be filed after this date
`without leave of the Court
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`*File Dispositive Motions
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`No dispositive motion may be filed after this date
`without leave of the Court.
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`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.
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`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert Witnesses
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`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
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`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
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`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.
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`3
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`Case 2:20-cv-00314-JRG-RSP Document 79 Filed 02/25/21 Page 4 of 6 PageID #: 870
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`PRIOR DATE
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`NEW DATE
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`EVENT
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`August 19, 2021
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`July 29, 2021
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`July 15, 2021
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`July 8, 2021
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`July 1, 2021
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`June 17, 2021
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`June 17, 2021
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`June 3, 2021
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`May 27, 2021
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`May 13, 2021
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`May 6, 2021
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`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
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`*Claim Construction Hearing – 9:00 a.m. in
`Marshall, Texas before Judge Roy Payne
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`*Comply with P.R. 4-5(d) (Joint Claim
`Construction Chart)
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`*Comply with P.R. 4-5(c) (Reply Claim
`Construction Brief)
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`Comply with P.R. 4-5(b) (Responsive Claim
`Construction Brief)
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`Comply with P.R. 4-5(a) (Opening Claim
`Construction Brief) and Submit Technical
`Tutorials (if any)
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`Good cause must be shown to submit technical
`tutorials after the deadline to comply with P.R. 4-
`5(a).
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`Deadline to Substantially Complete Document
`Production and Exchange Privilege Logs
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`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.
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`Comply with P.R. 4-4 (Deadline to Complete
`Claim Construction Discovery)
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`File Response to Amended Pleadings
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`*File Amended Pleadings
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`It is not necessary to seek leave of Court to amend
`pleadings prior to this deadline unless the
`amendment seeks to assert additional patents.
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`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
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`Case 2:20-cv-00314-JRG-RSP Document 79 Filed 02/25/21 Page 5 of 6 PageID #: 871
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`PRIOR DATE
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`NEW DATE
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`EVENT
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`April 15, 2021
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`March 25, 2021
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`March 17, 2021
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`March 17, 2021
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`Comply with P.R. 4-2 (Exchange Preliminary
`Claim Constructions)
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`Comply with P.R. 4-1 (Exchange Proposed Claim
`Terms)
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`Comply with Standing Order Regarding Subject-
`Matter Eligibility Contentions3
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`Comply with P.R. 3-3 & 3-4 (Invalidity
`Contentions)
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`February 17, 2021
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`February 22, 2021
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`*File Proposed Protective Order and Comply with
`Paragraphs 1 & 3 of the Discovery Order (Initial
`and Additional Disclosures)
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`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.
`(*) 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.
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`ADDITIONAL REQUIREMENTS
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`Mediation: While certain cases may benefit from mediation, such may not be
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`appropriate for every case. The Court finds that the Parties are best suited to evaluate whether
`mediation will benefit the case after the issuance of the Court’s claim construction order.
`Accordingly, the Court ORDERS the Parties to file a Joint Notice indicating whether the case
`should be referred for mediation within fourteen days of the issuance of the Court’s claim
`construction order. As a part of such Joint Notice, the Parties should indicate whether they
`have a mutually agreeable mediator for the Court to consider. If the Parties disagree about
`whether mediation is appropriate, the Parties should set forth a brief statement of their
`competing positions in the Joint Notice.
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`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert
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`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)
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`3 http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re%20Subject%20
`Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2- YU5P]
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`Case 2:20-cv-00314-JRG-RSP Document 79 Filed 02/25/21 Page 6 of 6 PageID #: 872
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`business days after briefing has completed. For expert-related motions, complete digital copies
`of the relevant expert report(s) and accompanying exhibits shall be 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.
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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.
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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
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`(a)
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`The fact that one or more of the attorneys is set for trial in another court on the same day,
`(b)
`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;
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`The failure to complete discovery prior to trial, unless the parties can demonstrate that it
`(c)
`was impossible to complete discovery despite their good faith effort to do so.
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`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.
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`Joint Pretrial Order: In the contentions of the Parties included in the Joint Pretrial
`Order, the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The
`Plaintiff shall also specify the nature of each theory of infringement, including under which
`subsections of 35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided
`infringement or infringement under the doctrine of equivalents. Each Defendant shall indicate
`the nature of each theory of invalidity, including invalidity for anticipation, obviousness, subject-
`matter eligibility, written description, enablement, or any other basis for invalidity. The
`Defendant shall also specify each prior art reference or combination of references upon which
`the Defendant shall rely at trial, with respect to each theory of invalidity. The contentions of the
`Parties may not be amended, supplemented, or dropped without leave of the Court based upon a
`showing of good cause.
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`____________________________________
`ROY S. PAYNE
`UNITED STATES MAGISTRATE JUDGE
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`SIGNED this 3rd day of January, 2012.
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`SIGNED this 24th day of February, 2021.
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