Case 2:21-cv-00310-JRG Document 458 Filed 02/16/23 Page 1 of 4 PageID #: 19981
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`TQ Delta, LLC,
`Plaintiff,
`
`v.
`
`Civil Action No.: 2:21-CV-00310-JRG
`
`CommScope Holding Company, Inc., et al.,
`Defendants
`
`FIFTH AMENDED DOCKET CONTROL ORDER
`
`The Court issues this Order sua sponte. It is hereby ORDERED that the Court’s prior
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`Docket Control Order (Dkt. No. 411) is amended and the following schedule of deadlines is in
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`effect until further order of this Court:
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`Current Deadline
`
`Amended Deadline Event
`
`March 20, 2023
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`March 17, 2023
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`7 days before Jury
`Selection
`
`10 days before Jury
`Selection
`
`March 1, 2023
`
`*Defendant to disclose final invalidity theories,
`final prior art references/combinations, and final
`equitable defenses.1
`
`*Plaintiff to disclose final election of Asserted
`Claims.2
`
`*Pretrial Conference – 9 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`1 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days before Jury Selection,”
`and shall not include a specific date.
`
`2 Given the Court’s past experiences with litigants dropping claims and defenses during or on the eve of trial, the
`Court is of the opinion that these additional deadlines are necessary. The proposed DCO shall include this specific
`deadline. The deadline shall read, “10 days before Jury Selection,” and shall not include a specific date.
`
`Fifth Amended Docket Control Order
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`Page 1
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`TQ Delta Exhibit 2032
`COMMSCOPE, INC. v. TQ DELTA LLC
`IPR2023-00066
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`

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`Case 2:21-cv-00310-JRG Document 458 Filed 02/16/23 Page 2 of 4 PageID #: 19982
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`February 24, 2023
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`February 21, 2023
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`February 23, 2023
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`February 21, 2023
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`February 20, 2023
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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.3
`
`*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,
`Shawn
`McRoberts,
`at
`shawn_mcroberts@txed.uscourts.gov.
`
`(*) indicates a deadline that cannot be changed without an acceptable showing of 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 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
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`3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir
`Dire.
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`Fifth Amended Docket Control Order
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`Page 2
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`

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`Case 2:21-cv-00310-JRG Document 458 Filed 02/16/23 Page 3 of 4 PageID #: 19983
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`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
`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.
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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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`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. The true lead counsel should be
`designated early and should not expect to parachute in as lead once the case has been largely
`developed.
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`Motions for Continuance: The following will not warrant a continuance nor justify a
`failure to comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(c)
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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,
`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.
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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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`Fifth Amended Docket Control Order
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`Page 3
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`Case 2:21-cv-00310-JRG Document 458 Filed 02/16/23 Page 4 of 4 PageID #: 19984
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`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘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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`Trial: All parties must appear in person at trial. All non-individual (including but not
`limited to corporate) parties must appear at trial through the presence in person of a designated
`representative. Once they have appeared, any representative of a non-individual party shall not be
`replaced or substituted without express leave of Court.
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`Fifth Amended Docket Control Order
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`Page 4
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 16th day of February, 2023.
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`