Case 2:23-cv-00202-JRG-RSP Document 40 Filed 08/25/23 Page 1 of 7 PageID #: 976
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`XR COMMUNICATIONS LLC D/B/A
`VIVATO TECHNOLOGIES,
`
` Plaintiff,
`
`v.
`
`AT&T INC. ET AL,
`
` Defendant.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`DOCKET CONTROL ORDER
`
`
`CIVIL ACTION NO. 2:23-CV-00202-JRG-RSP
`(LEAD CASE)
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`In accordance with the scheduling conference held in this case and the parties’ agreed-to
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`schedule, it is hereby ORDERED that the following schedule of deadlines is in effect until further
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`order of this court.
`
`Date
`
`March 3, 2025
`7 days before Jury
`Selection
`
`10 days before Jury
`Selection
`
`Event
`
`*Jury Selection - 9:00 a.m. in Marshall, Texas
`
`*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
`
`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.
`
`Exhibit 2001
`IPR2024-00613
`Page 1 of 7
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`

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`Case 2:23-cv-00202-JRG-RSP Document 40 Filed 08/25/23 Page 2 of 7 PageID #: 977
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`Date
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`February 3, 2025
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`Event
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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
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`January 27, 2025
`
`*Pretrial Conference - 9:00 a.m. in Marshall, Texas
`before Judge Roy Payne4
`
`January 21, 2025
`
`*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.
`
`January 21, 2025
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`January 13, 2025
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`*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.
`
`January 6, 2025
`
`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.
`Serve Objections to Rebuttal Pretrial Disclosures
`
`January 6, 2025
`
`3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire.
`4 Defendant T-Mobile USA, Inc. notes that the Court set the Pretrial Conference in this matter for
`the same day as the Court set jury selection in the matter of General Access Solutions, Ltd. v. T-
`Mobile US, Inc., et al, Case No. 2:23-cv-00158-JRG (EDTX) (DI 29-1). At this time, Defendant
`T-Mobile USA, Inc. does not seek relief because one or both matters may be disposed prior to the
`date of the Pretrial Conference in this case, but T-Mobile notifies the Court of this conflict and
`reserves the right to request relief at a later date.
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`2
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`Exhibit 2001
`IPR2024-00613
`Page 2 of 7
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`

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`Case 2:23-cv-00202-JRG-RSP Document 40 Filed 08/25/23 Page 3 of 7 PageID #: 978
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`Date
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`December 30,
`2024
`December 16,
`2024
`
`Event
`
`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
`Serve Pretrial Disclosures (Witness List, Deposition
`Designations, and Exhibit List) by the Party with the Burden of Proof
`
`December 9, 2024 *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.5 Motions for Summary
`Judgment shall comply with
`Local Rule CV-56.
`
`November 25,
`2024
`
`*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.
`
`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.
`
`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert Witnesses
`
`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
`Serve Disclosures for Expert Witnesses by the Party with the Burden
`of Proof
`
`November 25,
`2024
`
`November 18,
`2024
`November 8,
`2024
`October 4,
`2024
`October 11,
`2024
`
`5 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 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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`Exhibit 2001
`IPR2024-00613
`Page 3 of 7
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`

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`Case 2:23-cv-00202-JRG-RSP Document 40 Filed 08/25/23 Page 4 of 7 PageID #: 979
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`Date
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`October 2, 2024
`
`September 11,
`2024
`August 28, 2024
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`August 21, 2024
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`August 12,
`2024
`July 15, 2024
`
`Event
`
`in
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`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`*Claim Construction Hearing - 9:00 a.m.
`Marshall, Texas before Judge Roy Payne
`*Comply with P.R. 4-5(d)
`(Joint Claim Construction Chart)
`*Comply with P.R. 4-5(c)
`(Reply Claim Construction Brief)
`Comply with P.R. 4-5(b)
`(Responsive Claim Construction Brief)
`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).
`
`July 15, 2024
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
`
`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)
`File Response to Amended Pleadings
`*File Amended Pleadings
`
`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)
`Comply with P.R. 4-1
`(Exchange Proposed Claim Terms)
`Comply with Standing Order Regarding Subject- Matter Eligibility
`Contentions6
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`June 28, 2024
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`July 10, 2024
`June 26, 2024
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`
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`June 5, 2024
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`May 15, 2024
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`May 1, 2024
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`October 12,
`2023
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`6http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re%20Su
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`4
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`Exhibit 2001
`IPR2024-00613
`Page 4 of 7
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`

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`Case 2:23-cv-00202-JRG-RSP Document 40 Filed 08/25/23 Page 5 of 7 PageID #: 980
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`Date
`
`Event
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`October 12,
`2023
`August 31, 2023
`
`Comply with P.R. 3-3 & 3-4 (Invalidity
`Contentions)
`*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.
`
`August 24, 2023
`
`*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.
`
`July 27, 2023
`July 28, 2023
`
`Join Additional Parties
`P.R. 3-1 & 3-2
`Comply with
`Contentions)
`(*) 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.
`
`(Infringement
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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
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`bject%20Matter%20Eligibility%20Contentions%20.pdf
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`5
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`Exhibit 2001
`IPR2024-00613
`Page 5 of 7
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`

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`Case 2:23-cv-00202-JRG-RSP Document 40 Filed 08/25/23 Page 6 of 7 PageID #: 981
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`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.
`Motions for Continuance: The following will not warrant a continuance nor justify
`a failure to comply with the discovery deadline:
`
`(a)
`
`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
`(b)
`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;
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`The failure to complete discovery prior to trial, unless the parties can demonstrate
`(c)
`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, 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
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`6
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`Exhibit 2001
`IPR2024-00613
`Page 6 of 7
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`

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`Case 2:23-cv-00202-JRG-RSP Document 40 Filed 08/25/23 Page 7 of 7 PageID #: 982
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`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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`7
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`Exhibit 2001
`IPR2024-00613
`Page 7 of 7
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