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`Case 2:22-cv-00276-JRG-RSP Document 46 Filed 01/15/23 Page 1 of 6 PagelD #: 527
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF TEXAS
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`MARSHALLDIVISION
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`ORCKIT CORPORATION,
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`Plaintiff,
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`V.
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`CISCO SYSTEMS,INC.,
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`Defendant.
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`§
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`Case No. 2:22-cv-00276-JRG-RSP
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`FIRST AMENDED DOCKET
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`TROL ORDER
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`In accordancewith the Joint Motion (Dkt. No. 45), it is hereby ORDEREDthat the
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`following schedule of deadlinesis in effect until further order of this Court:
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`March4, 2024 *Jury Selection — 9:00 a.m. in Marshall, Texas
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`7 days before
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`Jury Selection
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`10 days before
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`February 5,
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`January 30,
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`*Defendant to disclose final invalidity theories,
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`final prior art references/combinations, and final
`equitable defenses.!
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`*Plaintiff to disclose final election of Asserted
`Claims.”
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`* If a juror questionnaire is to be used, an
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`editable
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`questionnaire shall be jointly submitted to the
`Deputy Clerk in Chargeby this date.
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`*Pretrial Conference — 1:30 p.m. in Marshall,
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`Texas before Judge Roy Payne
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`' The proposed DCOshall include this specific deadline. The deadlineshall read, “7 days before Jury
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`Selection,” and shall not include a specific date.
`? Given the Court’s past experiences with litigants dropping claims and defenses during or ontheeve oftrial,
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`the Court is of the opinion that these additional deadlines are necessary. The proposed DCOshall includethis
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`specific deadline. The deadline shall read, “10 days before Jury Selection,” and shall not include a specific date.
`3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of
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`Voir Dire.
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`Exhibit 1011
`Cisco v. Orckit — IPR2023-00554
`Page 1 of 6
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`Exhibit 1011
`Cisco v. Orckit – IPR2023-00554
`Page 1 of 6
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`

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`Case 2:22-cv-00276-JRG-RSP Document 46 Filed 01/15/23 Page 2 of 6 PagelD #: 528
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`*Notify Court of Agreements Reached During
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`Meet and Confer
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`January 22,
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`The parties are ordered to meet and confer on
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`any outstanding objections or motionsin limine.
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`The parties shall advise the Court of any
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`agreements reachednolater than 1:00 p.m.three
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`(3) business days before the pretrial conference.
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` Serve Pretrial Disclosures
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`January 22,
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`January 16,
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`*File Joint Pretrial Order, Joint Proposed Jury
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`Instructions,
`Joint Proposed Verdict Form,
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`Responses to Motions
`in Limine, Updated
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`Exhibit Lists, Updated Witness Lists,
`and
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`Updated Deposition Designations
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`*File Notice of Request for Daily Transcript or
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`Real Time Reporting.
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`Ifa daily transcript orreal time reporting of court
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`proceedings is requested for trial, the party or
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`parties making said request shall file a notice
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`with the Court and e-mail the Court Reporter,
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`Shawn
`McRoberts,
`at
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`shawn_mcroberts@txed.uscourts.gov.
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`File Motions in Limine
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`January 12,
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`The parties shall limit their motions in limine to
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`issues that
`if improperly introduced at
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`would be so prejudicial that the Court could not
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`alleviate the prejudice by giving appropriate
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`instructions to the jury.
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`Pretrial
`Rebuttal
`Serve
`Objections
`to
`January 12,
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`Disclosures
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`Serve Objections to Pretrial Disclosures; and
`January 9,
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`Serve Rebuttal Pretrial Disclosures
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`December18,
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`(Witness List,
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`Deposition Designations, and Exhibit List) by
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`the Party with the Burden of Proof
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`2
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`Exhibit 1011
`Cisco v. Orckit — IPR2023-00554
`Page 2 of 6
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`Exhibit 1011
`Cisco v. Orckit – IPR2023-00554
`Page 2 of 6
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`

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`Case 2:22-cv-00276-JRG-RSP Document 46 Filed 01/15/23 Page 3 of 6 PagelD #: 529
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`D
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`ber
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`,
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`*Response to Dispositive Motions (including
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`Daubert Motions). Responses to dispositive
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`motions that were filed prior to the dispositive
`motion deadline,
`including Daubert Motions,
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`shall be due in accordance with Local Rule CV-
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`7(e), not to exceed the deadline as set forth in
`this Docket Control Order.t Motions
`for
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`Summary Judgment shall comply with Local
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`Rule CV-56.
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`November 27,
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`2023
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`*File Motions
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`(including
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`to Strike Expert Testimony
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`Daubert
`Motions)
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`No motion to strike expert testimony (including
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`a Daubert motion) maybefiled after this date
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`without leave of the Court.
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`*File Dispositive Motions
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`No dispositive motion may be filed after this
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`date without leave of the Court.
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`November27,
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`2023
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`Motions shall comply with Local Rule CV-56
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`and Local Rule CV-7. Motions to extend page
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`limits will only be granted in exceptional
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`circumstances. Exceptional_circumstances
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`require more than agreement amongthe parties.
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`November20,
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`2023
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`November9,
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`2023
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`October 19,
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`2023
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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
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`Motions to Compel Discovery
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`Serve Disclosures for Expert Witnesses by the
`October 19,
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`Party with the Burden of Proof
`2023
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`September28,
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`September7,
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`2023
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`Comply with P.R. 3-7 (Opinion of Counsel
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`Defenses)
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`*Claim Construction Hearing — 9:00 a.m. in
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`Marshall, Texas before Judge Roy Payne
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`4 The parties are directed to Local Rule CV-7(d), which providesin part that “[a] party’s failure to oppose a
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`motion in the mannerprescribed herein creates a presumption that the party does not controvert the facts set out
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`by movant and hasno evidenceto offer in opposition to the motion.”If the deadline under Local Rule CV 7(e)
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`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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`Exhibit 1011
`Cisco v. Orckit — IPR2023-00554
`Page 3 of 6
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`Exhibit 1011
`Cisco v. Orckit – IPR2023-00554
`Page 3 of 6
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`

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`Case 2:22-cv-00276-JRG-RSP Document 46 Filed 01/15/23 Page 4 of 6 PagelD #: 530
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`(Joint Claim
`*Comply with P.R.
`August 24,
`4-5(d)
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`2023
`Construction Chart)
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`(Reply Claim
`*“Comply with P.R.
`August 17,
`4-5(c)
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`2023
`Construction Brief)
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`August 10,
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`2023
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`Comply with P.R. 4-5(b) (Responsive Claim
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`Construction Brief)
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`July 27, 2023
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`Deadline to Substantially Complete Document
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`Production and ExchangePrivilege Logs
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`Counsel are expected to make goodfaith efforts
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`to produce all required documents as soon as
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`they are available and not wait until
`the
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`substantial completion deadline.
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`Comply with P.R. 4-5(a)
`(Opening Claim
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`Construction Brief)
`and Submit Technical
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`Tutorials (if any)
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`July 13, 2023
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`Good cause must be shown to submit technical
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`tutorials after the deadline to comply with P.R.
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`4-5(a).
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`June 29, 2023
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`July 6, 2023
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`June 22, 2023
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`Comply with P.R. 4-4 (Deadline to Complete
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`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
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`amendpleadingspriorto this deadline unless the
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`amendmentseeksto assert additional patents.
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`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
`a 9 2028
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`nenwens) (Exchange Preliminary
`May25, 2023
`naewins) 4-1 (Exchange Proposed
`May4, 2023
`sony|February 2.2023|pieceMatterEligibilityContentions?
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`Shttp://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20O0rder™%20Re%20Subject%
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`20Matter™20Eligibility%20Contentions%20.pdf[https://perma.cc/RQN2-YUS5P]
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`4
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`Exhibit 1011
`Cisco v. Orckit — IPR2023-00554
`Page 4 of 6
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`Exhibit 1011
`Cisco v. Orckit – IPR2023-00554
`Page 4 of 6
`
`

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`Case 2:22-cv-00276-JRG-RSP Document 46 Filed 01/15/23 Page 5 of 6 PagelD #: 531
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`January 19,
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`Comply with P.R. 3-3 & 3-4 (Invalidity
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`January 19, 2023
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`Plaintiff to serve Supplemental Infringement
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`Contentions in accordance with the Parties’
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`agreement
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`(*) indicates a deadline that cannot be changed without an acceptable showing of good
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`cause. Good causeis not shown merely by indicating that the parties agree that the
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`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
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`mediation will benefit the case after the issuance of the Court’s claim construction order.
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`Accordingly, the Court ORDERStheParties to file a Joint Notice indicating whether the case
`should be referred for mediation within fourteen
`issuance
`th
`rt’s
`claim
`f{
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`construction order. As a part of such Joint Notice, the Parties should indicate whether they
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`have a mutually agreeable mediator for the Court to consider. If the Parties disagree about
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`whether mediation is appropriate, the Parties should set forth a brief statement of their
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`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
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`of the completed briefing (opening motion, response, reply, and if applicable, sur-reply),
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`excluding exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be
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`single-sided and must include the CM/ECF header. These copies shall be delivered to the
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`Court within three (3) business days after briefing has completed. For expert-related motions,
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`complete digital copies of the relevant expert report(s) and accompanying exhibits shall be
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`submitted on a single flash drive to the Court. Complete digital copies of the expert report(s)
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`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
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`to include any arguments related to the issue of indefiniteness in their Markman briefing,
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`subjectto the local rules’ normal pagelimits.
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`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides
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`that “[o]n the first appearance through counsel, each party shall designate a lead attorney on
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`the pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only
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`be changed bythe filing of a Motion to Change Lead Counsel andthereafter obtaining from
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`the Court an Order granting leave to designate different lead counsel. The true lead counsel
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`should be designated early and should not expect to parachute in as lead once the case has been
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`largely developed.
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`Motions for Continuance: The following will not warrant a continuance norjustify a
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`failure to comply with the discovery deadline:
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`(a)
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`(b)
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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 ofthe attorneys is set for trial in another court on the same
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`5
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`Exhibit 1011
`Cisco v. Orckit — IPR2023-00554
`Page 5 of 6
`
`Exhibit 1011
`Cisco v. Orckit – IPR2023-00554
`Page 5 of 6
`
`

`

`Case 2:22-cv-00276-JRG-RSP Document 46 Filed 01/15/23 Page 6 of 6 PagelD #: 532
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`day, unless the other setting was madepriorto the date of this order or was made as a
`special provision for the parties in the other case;
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`(c)
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`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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`”); Any motion to alter any date
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`on the DCOshall take the form of a motion to amend the DCO. The motion to amend the DCO
`shall include a proposedorderthatlists all of the remaining dates in one column(as above) and
`the proposed changesto 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 DCOin 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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`ProposedDCO:TheParties’ Proposed DCOshould also follow the format described
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`above under “Amendments to the Docket Control Order (“DCO’).”
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`; In the contentions of the Parties included in the Joint Pretrial
`Order, the Plaintiff shall specify all allegedly infringed claimsthat will be assertedattrial. 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 whetherthe Plaintiff alleges divided
`infringementor infringement underthe doctrine of equivalents. Each Defendantshall indicate
`the nature of each theory of invalidity, including invalidity for anticipation, obviousness,
`subject-mattereligibility, written description, enablement, or any otherbasis for invalidity. The
`Defendantshall also specify each prior art reference or combination of references upon which
`the Defendantshall 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 appearin personattrial. All non-individual (including but not
`limited to corporate) parties must appearat trial through the presence in person ofa 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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`SIGNEDthis 15th day of January, 2023.
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`UNITED STATES MAGISTRATE JUDGE
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`6
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`Exhibit 1011
`Cisco v. Orckit — IPR2023-00554
`Page 6 of 6
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