Case 2:23-cv-00113-JRG Document 44 Filed 09/07/23 Page 1 of 6 PageID #: 564
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`IN RE: TAASERA LICENSING LLC,
`
`PATENT LITIGATION
`
`THIS DOCUMENT RELATES TO ALL
`
`
`CASES
`
`Case No. 2:22-MD-03042-JRG
`
`EIGHTH AMENDED DOCKET CONTROL ORDER
`
`
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`
`
`
`
`order of this Comt:
`
`Deadline Amended Deadline
`
`Event
`
`April 1, 2024 April 15, 20241
`
`
`
`*Jmy Selection-9:00 a.m. in Marshall, Texas
`
`7 days before Jmy
`
`Selection
`
`*Defendant to disclose final invalidity theories,
`
`
`
`final prior rut references/combinations, and final
`
`
`
`equitable defenses with notice of the same filed
`with the Comt.2
`
`10 days before
`Jmy Selection
`
`*Plaintiff to disclose final election of Asserted
`
`
`
`
`Claims with notice of the same filed with the
`Comt.3
`
`March 12, 2024 March 26, 2024 *Pretrial Conference - 9:00 a.m. in Marshall,
`
`
`
`Texas before Judge Rodney Gilstrap
`
`1 This trial date applies only to cases originally filed in the Eastern District of Texas, with the
`
`
`
`
`
`
`
`
`order of trials to be determined by the Court at a later date.
`
`2 The proposed DCO shall include this specific deadline. The deadline shall read, "7 days before
`
`
`
`
`
`
`
`
`
`Jmy Selection," and shall not include a specific date.
`
`3 Given the Comt's past experiences with litigants dropping claims and defenses during or on the
`
`
`
`
`
`
`
`
`
`
`
`eve of trial, the Comt is of the opinion that these additional deadlines are necessaiy. The
`
`
`
`
`proposed DCO shall include this specific deadline. The deadline shall read, "10 days before Jmy
`
`
`
`Selection," and shall not include a specific date.
`
`IPR2024-00027
`CrowdStrike Exhibit 1012 Page 1
`
`

`

`Case 2:23-cv-00113-JRG Document 44 Filed 09/07/23 Page 2 of 6 PageID #: 565
`
`Deadline Amended Deadline
`
`Event
`
`
`
`26, 2024 *If a juror questionnaire is to be used, an editable
`
`Febmaiy 19, 2024 February
`
`
`
`(in Microsoft Word fonnat) questionnaire shall be
`
`jointly submitted to the Deputy Clerk in Charge by
`this date.4
`
`Febmaiy 19, 2024 March 21, 2024 *Notify Comi of Agreements Reached During
`
`
`Meet and Confer
`
`The paiiies are ordered to meet and confer on any
`
`
`
`
`outstanding objections or motions
`The
`in limine.
`
`
`paiiies shall advise the Comi of any agreements
`
`reached no later than 1 :00 p.m. three (3) business
`
`days before the pretrial conference.
`
`
`
`Febmaiy 19, 2024 February
`
`26, 2024 *File Joint Preti·ial Order, Joint Proposed Jmy
`
`
`
`
`Instructions, Joint Proposed Verdict Fo1m,
`
`Responses to Motions
`
`Updated Exhibit
`in Limine,
`Lists, Updated Witness Lists, and Updated
`
`Deposition Design ations
`
`
`
`Febmaiy 19, 2024
`
`*File Notice of Request for Daily Transcript or
`
`
`
`Real Time Reporting.
`
`If a daily ti·anscript or real time repo1iing of comi
`
`
`
`
`
`proceedings is requested for ti·ial, the paiiy or
`
`
`
`paiiies making said request shall file a notice with
`
`
`the Court and e-mail the Comi Reporter, Shawn
`
`McRobe1is, at
`shawn mcrobelis@txed.uscomts.gov.
`
`
`
`
`
`
`
`Febmaiy 5, 2024 February 12, 2024 File Motions
`in Limine
`
`
`
`The paiiies shall limit their motions to
`in limine
`
`
`
`
`issues that if improperly inti·oduced at ti·ial would
`
`be so prejudicial that the Court could not alleviate
`
`
`
`
`the prejudice by giving appropriate instructions to
`the iurv.
`
`
`
`Febmaiy 5, 2024 February 26, 2024 Serve Objections to Rebuttal Pretrial Disclosures
`
`
`
`
`
`
`
`
`
`Januaiy 29, 2024
`19, 2024 Serve Objections to Pretrial Disclosures; and Serve
`
`
`
`February
`
`
`Rebuttal Preti·ial Disclosures
`
`
`
`
`
`4 The Pa1iies are refened to the Comi's Standing Order Regai·ding Use of Juror Questionnaires in
`
`
`
`
`
`Advance of Voir Dire.
`
`2
`
`IPR2024-00027
`CrowdStrike Exhibit 1012 Page 2
`
`

`

`Case 2:23-cv-00113-JRG Document 44 Filed 09/07/23 Page 3 of 6 PageID #: 566
`
`Deadline Amended Deadline
`
`Event
`
`
`(Witness List, Disclosures Janmuy 15, 2024 February 12, 2024 Serve Preti·ial
`
`
`
`
`
`
`Deposition Designations, and Exhibit List) by the
`Party with the Burden of Proof
`
`Janmuy 1, 2024
`
`to Dispositive February 8, 2024 *Response
`
`
`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 fo1ih in this Docket
`
`
`
`Conti·ol Order. 5 Motions for Summaiy Judgment
`shall comply with Local Rule CV-56.
`
`
`
`25, 2024 *File Motions to Sti·ike
`December 18, 2023 January
`Expe1i Testimony
`
`
`(including Daubert Motions)
`
`No motion to sti·ike expe1i testimony (including a
`
`
`
`Daubert motion) may be filed after this date
`
`without leave of the Comi.
`
`
`
`December 18, 2023 January 25, 2024 *File Dispositive Motions
`
`
`
`
`
`No dispositive motion may be filed after this date
`
`
`without leave of the Comi.
`
`Motions shall comply with Local Rule CV-56 and
`
`
`Local Rule CV-7. Motions to extend page limits
`
`
`will onlJ'.: be gi·anted in exceptional circumstances.
`regmre more than
`circumstances
`Exceptional
`
`
`agreement ainong the oa1iies.
`
`
`
`
`
`
`
`
`December 11, 2023 January
`
`11, 2024 Deadline to Complete Expert Discove1y
`
`
`
`November 27, 2023 December 11, 2023 Serve Disclosures for Rebuttal Expe1i Witnesses
`
`
`
`
`
`
`
`
`
`
`
`November 6, 2023 November 13, 2023 Serve Disclosures for Expe1i Witnesses by the
`
`
`
`
`Paiiy with the Burden of Proof
`
`5 The pa1iies ai·e directed to Local Rule CV-7(d), which provides in pali that "[a] paiiy's failure to
`
`
`
`
`
`
`
`
`
`
`oppose a motion in the manner prescribed herein creates a presumption that the paiiy does not
`
`
`
`conh'ove1i 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 conti·ols.
`
`3
`
`IPR2024-00027
`CrowdStrike Exhibit 1012 Page 3
`
`

`

`Case 2:23-cv-00113-JRG Document 44 Filed 09/07/23 Page 4 of 6 PageID #: 567
`
`Deadline Amended Deadline
`
`Event
`
`
`
`
`October 30, 2023 November 6, 2023 Deadline to Complete Fact Discove1y and File
`
`
`
`
`Motions to Compel Discove1y
`
`
`
`October 25, 2023
`
`Comply with P.R. 3-7 (Opinion of Counsel
`
`
`Defenses)
`
`
`
`
`
`October 4, 2023 October 11, 2023 *Claim Constmction Hearing - 9:00 a.Ill.
`
`
`
`Texas before Judge Rodney Gilstrap
`Marshall,
`
`lil
`
`
`
`September 1, 2023
`
`*Comply with P.R. 4-5(d) (Joint Claim
`
`
`
`
`
`Construction Chart)
`
`(*) 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.
`
`ADDITIONAL REQUIREMENTS
`
`While certain cases may benefit from mediation, such may not be appropriate
`
`
`Mediation:
`
`
`
`
`for eve1y case. The Court finds that the Paiiies are best suited to evaluate whether mediation will
`
`
`
`
`
`
`
`benefit the case after the issuance of the Court's claim consti11ction order. Accordingly, the Court
`
`
`
`ORDERS the Pa1iies to file a Joint Notice indicating whether the case should be refened for
`mediation
`order. As a
`
`
`
`within fourteen days of the issuance of the Court's claim construction
`
`
`
`
`
`paii of such Joint Notice, the Paiiies should indicate whether they have a mutually agreeable
`
`
`
`
`
`mediator for the Comito consider. If the Paiiies disagree about whether mediation is appropriate,
`
`
`
`
`
`the Parties should set forth a brief statement of their competing positions in the Joint Notice.
`
`Summary Judgment Motions, Motions to Strike Exl!ert Testimony, and Daubert
`
`
`
`
`
`
`For each motion, the moving paiiy shall provide the Comi with two (2) hai·d copies of
`Motions:
`
`
`
`
`
`
`
`
`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 Comi within three (3)
`
`
`
`
`
`
`business days after briefmg has completed. For expe1i-related motions, complete digital copies of
`
`
`
`
`
`the relevant expert repo1i(s) and accompanying exhibits shall be submitted on a single flash drive
`
`
`
`
`to the Court. Complete digital copies of the expe1ireport(s) shall be delivered to the Comi no later
`
`than the dispositive motion deadline.
`
`In lieu of eai·ly motions for summaiy judgment, the pa1iies ai·e directed to
`
`
`
`
`
`
`Indefiniteness:
`
`
`
`
`
`
`subject to include any ai·guments related to the issue of indefiniteness in their Markman briefing,
`the local mles' nonnal page limits.
`
`4
`
`IPR2024-00027
`CrowdStrike Exhibit 1012 Page 4
`
`

`

`Case 2:23-cv-00113-JRG Document 44 Filed 09/07/23 Page 5 of 6 PageID #: 568
`
`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.
`
`Motions for Continuance: The following 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 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. Other than as set forth in the above deadlines, the
`contentions of the Parties may not be amended, supplemented, or dropped without leave of the
`Court based upon a showing of good cause. The Parties in a case which has been consolidated for
`pre-trial purposes and which is moving towards a separate trial on the merits (subsequent to pre-
`trial) shall file, as an exhibit to the parties’ Joint Pretrial Order, a list identifying all docket entries
`from the lead case that relate to the applicable member case.
`
`5
`
`IPR2024-00027
`CrowdStrike Exhibit 1012 Page 5
`
`

`

`Case 2:23-cv-00113-JRG Document 44 Filed 09/07/23 Page 6 of 6 PageID #: 569
`
`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.
`
`DM2\18397822 3
`
`6
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 7th day of September, 2023.
`
`IPR2024-00027
`CrowdStrike Exhibit 1012 Page 6
`
`