Case 2:23-cv-00176-JRG Document 27 Filed 10/16/23 Page 1 of 6 PageID #: 303
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`MEL NAVIP, LLC,
`
`Plaintiff
`
`Civil Action No.: 2:23-cv-176-JRG
`
`-against-
`
`Jury Trial Demanded
`
`HYUNDAI MOTOR COMPANY,
`HYUNDAI MOTOR AMERICA, HYUNDAI
`CAPITAL AMERICA, KIA
`CORPORATION, AND KIA AMERICA,
`INC.,
`
`Defendants
`
` 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:
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`March 3, 2025
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`7 days before Jury
`Selection
`
`*Defendant to disclose final invalidity theories, final prior art
`references/combinations, and final equitable defenses.1
`
`10 days before Jury
`Selection
`
`*Plaintiff to disclose final election of Asserted Claims with notice of
`the same filed with the Court.2
`
`February 3, 2025
`
`* 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
`
`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 experience 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.
`3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir
`Dire.
`
`1
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`Hyundai Exhibit 1021, Page 1 of 6
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00173
`
`

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`Case 2:23-cv-00176-JRG Document 27 Filed 10/16/23 Page 2 of 6 PageID #: 304
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`January 27, 2025
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`January 21, 2025
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`January 21, 2025
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`January 13, 2025
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`January 6, 2025
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`*Pretrial Conference – 9:00 a.m. in Marshall, Texas before Judge
`Rodney Gilstrap.
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`*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.
`
`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.
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`January 21, 2025
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`Serve Objections to Rebuttal Pretrial Disclosures
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`December 30, 2024
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`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
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`December 16, 2024
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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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`December 9, 2024
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`*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.4 Motions for Summary
`Judgment shall comply with Local Rule CV-56.
`
`
`4 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
`
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`2
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`Hyundai Exhibit 1021, Page 2 of 6
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00173
`
`

`

`Case 2:23-cv-00176-JRG Document 27 Filed 10/16/23 Page 3 of 6 PageID #: 305
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`November 25, 2024
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`November 25, 2024
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`*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.
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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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`November 18, 2024
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`Deadline to Complete Expert Discovery
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`November 4, 2024
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`Serve Disclosures for Rebuttal Expert Witnesses
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`October 15, 2024
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`October 15, 2024
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`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
`
`Serve Disclosures for Expert Witnesses by the Party with the Burden
`of Proof
`
`October 9, 2024
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`14 Days after the
`Court’s Issuance of the
`Claim Construction
`Order
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`September 18, 2024
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`Submit Joint Notice Indicating Whether the Case Should Be Referred
`For Mediation
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`*Claim Construction Hearing – 9:00 a.m. in Marshall, Texas before
`Judge Rodney Gilstrap.
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`September 4, 2024
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`August 28, 2024
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`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
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`August 21, 2024
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`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
`
`
`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.
`
`3
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`Hyundai Exhibit 1021, Page 3 of 6
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00173
`
`

`

`Case 2:23-cv-00176-JRG Document 27 Filed 10/16/23 Page 4 of 6 PageID #: 306
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`August 7, 2024
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`August 7, 2024
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`July 24, 2024
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`July 17, 2024
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`July 3, 2024
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`June 26, 2024
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`June 5, 2024
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`May 15, 2024
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`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
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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.
`
`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.
`
`Comply with P.R. 4-3 (Joint Claim Construction Statement)
`
`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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`November 9, 2023
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`Comply with Standing Order Regarding Subject-Matter Eligibility
`Contentions5
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`November 9, 2023
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`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
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`October 19, 2023
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`*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.
`
`
`5_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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`4
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`Hyundai Exhibit 1021, Page 4 of 6
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00173
`
`

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`Case 2:23-cv-00176-JRG Document 27 Filed 10/16/23 Page 5 of 6 PageID #: 307
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`October 12, 2023
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`*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.
`
`October 5, 2023
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`Join Additional Parties
`
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`September 14, 2023
`(*) 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
`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.
`
`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. The true lead counsel should be
`designated early and should not expect to parachute in as lead once the case has been largely
`developed.
`
`
`5
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`Hyundai Exhibit 1021, Page 5 of 6
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00173
`
`

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`Case 2:23-cv-00176-JRG Document 27 Filed 10/16/23 Page 6 of 6 PageID #: 308
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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:
`
`(a)
`
`(b)
`
`(c)
`
`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.
`
`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,
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`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 individuals (including but not limited
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`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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`
`6
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 16th day of October, 2023.
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`Hyundai Exhibit 1021, Page 6 of 6
`Hyundai Motor Company v. Mel Navip LLC
`IPR2024-00173
`
`