Case 4:23-cv-00752-SDJ Document 37 Filed 02/14/24 Page 1 of 7 PageID #: 975
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
`§
`§
`§
`§
`§
`§
`
`CIVIL NO. 4:23-CV-752-SDJ
`
`CHIEN-MIN SUNG
`
`v.
`
`SAMSUNG ELECTRONICS CO.
`LTD., ET AL.
`
`SCHEDULING ORDER
`
`The Court, after considering the joint attorney conference report and after
`holding a Rule 16 management conference, enters this case specific order which
`controls disposition of this action pending further order of the Court. The following
`actions shall be completed by the dates indicated.1
`
`02/21/2024
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`04/10/2024
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`04/17/2024
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`04/24/2024
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`04/24/2024
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`P.R. 3-1 Disclosure of Asserted Claims and Infringement
`Contentions (and P.R. 3-2 document production) to be
`served.
`
`P.R. 3-3 Invalidity Contentions (and P.R. 3-4 document
`production) to be served. To extent not already required to
`be disclosed, exchange Mandatory Disclosures on all
`issues, including damages.
`
`Parties to exchange proposed terms for construction and
`identify any claim element governed by 35 U.S.C. § 112, ¶ 6
`(P.R. 4-1).
`
`Privilege Logs to be exchanged by parties (or a letter to the
`Court stating that there are no disputes as to claims of
`privileged documents).
`
`claim
`to exchange preliminary proposed
`Parties
`construction and extrinsic evidence supporting same (P.R.
`4-2).
`
`05/08/2024
`
`Join Additional Parties.
`
`1 If a deadline falls on a Saturday, Sunday, or a legal holiday as defined in Federal
`Rule of Civil Procedure 6, the effective date is the first federal court business day following
`the deadline imposed.
`
`1
`
`IPR2024-00534
`Samsung Electronics Co. Ltd. et al v. Chien-Min Sung
`Samsung's Exhibit 1029
`Ex. 1029, Page 1
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`

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`Case 4:23-cv-00752-SDJ Document 37 Filed 02/14/24 Page 2 of 7 PageID #: 976
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`05/08/2024
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`05/15/2024
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`05/29/2024
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`05/29/2024
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`06/12/2024
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`07/03/2024
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`07/17/2024
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`07/31/2024
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`08/07/2024
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`09/04/2024
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`10/30/2024
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` Parties’ Final Amended Pleadings.2
`(A motion for leave is required.)
`
`Joint Claim Construction and Prehearing Statement to be
`filed (P.R. 4-3). Provide an estimate of how many pages
`are needed to brief the disputed claims.
`
`
` Respond to Amended Pleadings.
`
`
` Completion date for discovery on claim construction
`(P.R. 4-4).
`
`
` Opening claim construction brief (P.R. 4-5(a)).
`
`
` Responsive claim construction brief (P.R. 4-5(b)).
`
`
` Reply claim construction brief (P.R. 4-5(c)).
`
`
` Submit technology synopsis/tutorial (both hard copy and
`disk).
`
`
`joint claim construction and chart
` Parties to file
`(P.R. 4-5(d)). Parties shall work together to agree on as
`many claim terms as possible.
`
`
` Claim Construction hearing at 10:00 a.m. at the United
`States Courthouse, 7940 Preston Road, Plano, TX 75024.
`
`
` Deadline for Initial Mandatory Disclosure of all persons,
`documents, data compilations and tangible things, which
`are relevant to a claim or defense of any party and which
`has not previously been disclosed. This deadline is not an
`extension of earlier deadlines set out in this Court’s order
`or the Patent Rules, nor an excuse to delay disclosure of
`information. It is a “catchall” deadline for provision of all
`remaining information which may be relevant to a claim
`or defense of any party at trial.
`
`
`
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`2 Except as otherwise provided by Federal Rule of Civil Procedure 12(a)(4).
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`2
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`EX1029, Page 2
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`Case 4:23-cv-00752-SDJ Document 37 Filed 02/14/24 Page 3 of 7 PageID #: 977
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`11/06/2024
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`11/27/2024
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`12/23/2024
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`01/15/2025
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`02/05/2025
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`03/05/2025
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`Parties shall notify the Court of the name, address, and
`telephone number of the agreed-upon mediator, or request
`that the Court select a mediator, if they are unable to
`agree on one.
`
`Parties with burden of proof to designate Expert
`Witnesses other than claims construction experts and
`provide their expert witness reports, to include for ALL
`experts all information set out in Rule 26(a)(2)(B).3
`
`Parties to Designate Expert Witnesses on issues for which
`the parties do not bear the burden of proof, and provide
`their expert witness report, to include for ALL experts all
`information set out in Rule 26(2)(B).
`
`Mediation deadline.
`
`Discovery deadline. All discovery must be served in time
`to be completed by this date.4
`
`File objections to any expert, including Daubert motions.
`Such objections and motions are limited to ten pages each.
`
`File Dispositive Motions and any other motions that may
`require a hearing. Regardless of how many dispositive
`motions a party files, each party is limited to a total of
`sixty pages for such motions. Each individual motion shall
`comply with Local Rule CV-7.
`
`Responses to motions shall be due in accordance
`with Local Rule CV-7(e).
`
`3 This shall include any willfulness opinion and shall comply with P.R. 3-7.
`
`4 All written discovery and deposition notices must be served in time to be completed
`by this date.
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`3
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`EX1029, Page 3
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`

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`Case 4:23-cv-00752-SDJ Document 37 Filed 02/14/24 Page 4 of 7 PageID #: 978
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`05/14/2025
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`06/25/2025
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`06/25/2025
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`07/16/2025
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`07/30/2025
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`07/30/2025
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`07/30/2025
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`07/30/2025
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` Counsel and unrepresented parties are each responsible
`for contacting opposing counsel and unrepresented
`parties to determine how they will prepare the Joint Final
`Pretrial Order (See www.txed.uscourts.gov) and Proposed
`Jury Instructions and Verdict Form (or Proposed Findings
`of Fact and Conclusions of Law in nonjury cases).
`
`
` Motions in limine due.
`
`
` File Joint Final Pretrial Order.5 Exchange Exhibits and
`deliver copies to the Court. At this date, all that is
`required to be submitted to the Court is a hyperlinked
`exhibit list on disk (2 copies) and no hard copies.
`
` Video Deposition Designation due. Each party who
`proposes to offer a deposition by video shall serve on all
`other parties a disclosure identifying the line and page
`numbers to be offered. All other parties will have seven
`calendar days to serve a response with any objections and
`requesting cross examination line and page numbers to be
`included. Counsel must consult on any objections and only
`those which cannot be resolved shall be presented to the
`Court.6
`
`
` Response to motions in limine due.
`
`
` File objections to witnesses, deposition extracts, and
`exhibits, listed in pre-trial order.7
`
` File Proposed Jury Instructions/Form of Verdict (or
`Proposed Findings of Fact and Conclusions of Law).
`
`
` File Proposed Voir Dire Questions.
`
`
`
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`5 A form Joint Final Pretrial Order can be found on the Court’s website, available at:
`http://www.txed.uscourts.gov/?q=judge/judge-sean-jordan.
`
` 6
`
` The party who filed the initial Video Deposition Designation is responsible for
`preparing the final edited video in accordance with all parties’ designations and the Court’s
`rulings on objections.
`
` 7
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` This does not extend the deadline to object to experts. If numerous objections are
`filed, the Court may set a hearing.
`
`4
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`EX1029, Page 4
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`Case 4:23-cv-00752-SDJ Document 37 Filed 02/14/24 Page 5 of 7 PageID #: 979
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`
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`09/03/2025
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`To be determined.
`
` Final Pretrial Conference at 1:30 p.m. at the United States
`Courthouse located at 7940 Preston Road, Plano, TX
`75024.
`
`9:00 a.m. Jury Selection and Trial at the United States
`Courthouse located at 7940 Preston Road, Plano, TX
`75024.
`
`
`
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`SETTLEMENT
`If the parties reach a settlement or other resolution of the case, Plaintiff’s
`counsel shall immediately submit a notice advising the Court of the status of the case.
`If such notice is not submitted to the Court, the Court may order counsel to
`appear at a hearing to address the failure to submit a timely notice.
`Thereafter, the Court may enter such orders as are just and necessary to ensure
`prompt resolution of the case.
`SCOPE OF DISCOVERY
`Modification. Taking into account the needs of the case, the amount in
`controversy, the parties’ resources, the importance of the issues at stake in the
`litigation, and the importance of the proposed discovery in resolving the issues, the
`Court modifies the parameters of discovery in the following respects. See Fed. R. Civ.
`P. 26(b)(2).
`Disclosure. The parties are reminded of the requirement, set out in this Court’s
`Initial Order Governing Proceedings, to have already disclosed, without awaiting a
`discovery request, information in addition to that required by Fed. R. Civ. P. 26,
`including names of persons likely to have, and documents containing, information
`“relevant to the claim or defense of any party.”
`If there are any questions about whether information is “relevant to the claim
`or defense of any party” review Local Rule CV-26(d). A party that fails to timely
`disclose any of the information required to be disclosed by order of this court or by
`the Federal Rules of Procedure, will not, unless such failure is harmless, be permitted
`to use such evidence at trial, hearing or in support of a motion.
`Electronic Discovery. The parties shall produce information in searchable
`TIFF format, unless the parties agree otherwise.
`Source Code Preservation. Defendants shall maintain full and complete copies
`of all previous iterations of source code.
`The parties are excused from the pretrial disclosure requirements set forth in
`Fed. R. Civ. P. 26(a)(3) as such disclosure is cumulative of this Court’s pre-trial order
`procedures.
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`5
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`EX1029, Page 5
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`

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`Case 4:23-cv-00752-SDJ Document 37 Filed 02/14/24 Page 6 of 7 PageID #: 980
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`DISCOVERY DISPUTES
`In the event the parties encounter a discovery dispute, no motions to compel
`may be filed until after the parties fulfill the “meet and confer” requirement imposed
`by this Court’s Local Rule CV-7(h). If the parties are unable to resolve the dispute
`without court intervention, the parties must then call the Court’s chambers to
`schedule a telephone conference regarding the subject matter of the dispute prior to
`filing any motion to compel. After reviewing the dispute, the Court will resolve the
`dispute, order the parties to file an appropriate motion, or direct the parties to call
`the discovery hotline.
`A magistrate judge is available during business hours to immediately hear
`discovery disputes and to enforce provisions of the rules. The hotline number is (903)
`590-1198. See Local Rule CV-26(e).
`
`COMPLIANCE
`A party is not excused from the requirements of this scheduling order by virtue
`of the fact that dispositive motions are pending, the party has not completed its
`investigation, the party challenges the sufficiency of the opposing party’s disclosure
`or because another party has failed to comply with this order or the rules.
`Failure to comply with relevant provisions of the Local Rules, the Federal
`Rules of Civil Procedure or this order may result in the exclusion of evidence at trial,
`the imposition of sanctions by the Court, or both. If a fellow member of the Bar makes
`a just request for cooperation or seeks scheduling accommodation, a lawyer will not
`arbitrarily or unreasonably withhold consent. However, the Court is not bound to
`accept agreements of counsel to extend deadlines imposed by rule or court order. See
`Local Rule AT-3(j).
`
`TRIAL
`The deadlines for pre-trial matters, such as exchanging exhibits, and
`objections, are intended to reduce the need for trial objections, side-bar conferences,
`and repetitive presentation of evidentiary predicates for clearly admissible evidence.
`Counsel should be familiar with the evidence display system available in the
`courtroom. Copies of exhibits which will be handed to witnesses should be placed in
`a three-ring binder, with an additional copy for the court. (To make it easy to direct
`the witness to the correct exhibit while on the stand, Plaintiff should use a dark
`colored binder such as black or dark blue. Defendant should use a light-colored binder
`such as white, red, or light blue.) Alternatively, if exhibits have been scanned and
`will be presented via a computer projection system, be sure there is a way for the
`Court to view or read them separately so as to be able to understand motions and
`objections.
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`6
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`EX1029, Page 6
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`Case 4:23-cv-00752-SDJ Document 37 Filed 02/14/24 Page 7 of 7 PageID #: 981
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`Counsel are responsible for informing their clients and witnesses about
`courtroom dress requirements and protocol, such as silencing pagers and phones, and
`not chewing gum, reading newspapers, or eating.
`
`OTHER MATTERS
`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.
`Please note the amendments to the Local Rules regarding motion practice. If a
`document filed electronically exceeds ten pages in length, including attachments, a
`paper copy of the filed document must be sent contemporaneously to the
`undersigned’s chambers in Plano. See Local Rule CV-5(a)(9). Courtesy copies over
`twenty pages long should be bound to the left, and voluminous exhibits should be
`separated by dividers.
`If necessary, the parties should notify the court if assistance is needed in
`selecting a mediator.
`Any reply or sur-reply must be filed in accordance with Local Rule CV-6 and
`Local RuleCV-7(f). The parties are reminded that “[t]he court need not wait for the
`reply or sur-reply before ruling on the motion.” Local Rule CV-7(f) (emphasis added).
`
`7
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`EX1029, Page 7
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