`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`C.A. NO. 2:20-cv-00283-JRG
`
`JURY TRIAL DEMANDED
`
`C.A. NO. 2:20-cv-00284-JRG
`
`JURY TRIAL DEMANDED
`
`C.A. NO. 2:20-cv-00285-JRG
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§§§
`
`§§§§§§§§
`
`§§§§§§§§
`
`JAPAN DISPLAY INC. and PANASONIC
`LIQUID CRYSTAL DISPLAY CO. LTD.
`
`Plaintiffs,
`
`v.
`
`TIANMA MICROELECTRONICS CO.
`LTD.
`
` Defendant
`JAPAN DISPLAY INC.
`
`v.
`
`TIANMA MICROELECTRONICS CO.
`LTD.
`
`Defendant.
`JAPAN DISPLAY INC.,
`
`v.
`
`TIANMA MICROELECTRONICS CO.
`LTD.
`
`Defendant.
`
`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:
`
`Original
`
`Amended
`
`February 7, 2022
`
`*Jury Selection — 9:00 a.m. in Marshall, Texas
`
`US 7662623
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`Page 1 of 7
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`Tianma Exhibit 1015
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`
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`Case 2:20-cv-00283-JRG Document 34 Filed 02/08/21 Page 2 of 7 PageID #: 764
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`January 10, 2022
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`January 10, 2022
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`December 27,
`2021
`
`December 27,
`2021
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`December 20,
`2021
`
`December 13,
`2021
`
`December 13,
`2021
`
`December 6,
`2021
`
`* 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
`
`*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.
`
`*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.
`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
`
`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-00283-JRG Document 34 Filed 02/08/21 Page 3 of 7 PageID #: 765
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`November 22,
`2021
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`November 15,
`2021
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`November 1,
`2021
`
`November 1,
`2021
`
`October 25,
`2021
`
`October 12,
`2021
`
`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 Summary Judgment
`shall comply with Local Rule CV-56.
`
`*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.
`
`October 15, 2021 Deadline to Complete Expert Discovery
`
`September 29,
`2021
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`September 20,
`2021
`
`September 13,
`2021
`
`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
`
`September 20,
`2021
`
`September 13,
`2021
`
`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
`
`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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`Case 2:20-cv-00283-JRG Document 34 Filed 02/08/21 Page 4 of 7 PageID #: 766
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`September 1,
`2021
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`August 11, 2021
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`July 28, 2021
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`July 21, 2021
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`July 14, 2021
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`June 30, 2021
`
`June 30, 2021
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`June 16, 2021
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`June 9, 2021
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`May 26, 2021
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`May 19, 2021
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`May 26, 2021
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`April 28, 2021 May 5, 2021
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`*Claim Construction Hearing — 9:00 a.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)
`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
`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 Construction
`Statement)
`
`Comply with P.R. 4-2 (Exchange Preliminary
`Claim Constructions)
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`Case 2:20-cv-00283-JRG Document 34 Filed 02/08/21 Page 5 of 7 PageID #: 767
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`April 7, 2021
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`March 3, 2021
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`March 3, 2021
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`February 10,
`2021
`
`February 3, 2021
`
`Comply with P.R. 4-1 (Exchange Proposed Claim
`Terms)
`
`Comply with Standing Order Regarding Subject-
`Matter Eligibility Contentions3
`
`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.
`
`*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.
`
`January 27, 2021
`
`Join Additional Parties
`
`January 6, 2021
`
`Comply with P.R. 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 REQUIREMENTS
`
`Mediation: While certain cases may benefit from mediation, such may not be
`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.
`
`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-00283-JRG Document 34 Filed 02/08/21 Page 6 of 7 PageID #: 768
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`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 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.
`
`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.
`
`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that
`“[o]n the first appearance through counsel, each party shall designate a lead attorney on the
`pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only be
`changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the
`Court an Order granting leave to designate different lead counsel.
`
`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’).”
`
`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
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`Case 2:20-cv-00283-JRG Document 34 Filed 02/08/21 Page 7 of 7 PageID #: 769
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`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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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 8th day of February, 2021.
`
`