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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CASE NO. 2:23-CV-00202-JRG-RSP
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`(LEAD CASE)
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`XR COMMUNICATIONS, LLC, dba
`VIVATO TECHNOLOGIES,
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` Plaintiff,
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`v.
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`AT&T SERVICES INC.; AT&T
`MOBILITY LLC; and AT&T CORP.,
`Defendants,
`NOKIA OF AMERICA
`CORPORATION and ERICSSON
`INC.,
`Intervenors.
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`XR COMMUNICATIONS, LLC, dba
`VIVATO TECHNOLOGIES,
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` Plaintiff,
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`v.
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`VERIZON COMMUNICATIONS,
`INC, et al.
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`Defendants,
`NOKIA OF AMERICA
`CORPORATION and ERICSSON
`INC.,
`Intervenors.
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`
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`And
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`CASE NO. 2:23-CV-00470-JRG-RSP
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`ORDER OF CONSOLIDATION
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`Before the Court is the Joint Motion to Consolidate Cases filed by Plaintiff XR
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`Communications, LLC dba Vivato Technologies and Defendants AT&T Corp., AT&T
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`1
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`Case 2:23-cv-00202-JRG-RSP Document 94 Filed 09/16/24 Page 2 of 3 PageID #: 2769
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`Mobility LLC, and AT&T Services, Inc., Verizon Communications, Inc. and Cellco
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`Partnership d/b/a Verizon Wireless, T-Mobile USA, Inc., and Intervenors Ericsson Inc. and
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`Nokia of America Corporation. (Dkt. No. 93.) The Court, having considered the Joint
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`Motion to Consolidate Cases, and for good cause shown, finds that the motion should be
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`GRANTED to the following extent.
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`IT IS HEREBY ORDERED that: (1) the above-captioned lead case (2:23-cv-00202)
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`and associated member cases (2:23-cv-00203 and 2:23-cv-00204) are consolidated for pre-
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`trial with the follow-on lead case (2:23-cv-00470), and associated member cases (2:23-cv-
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`00468 and 2:23- cv-00469). All future filings regarding all six cases shall be filed in the
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`LEAD CASE 2:23-cv-00202. Individual cases remain active for trial as provided below.
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`IT IS FURTHER ORDERED that the two cases against Verizon (Member Case
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`No. 2:23-cv-00203 and former lead Case No. 2:23-CV-00470 (for Verizon and Cellco
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`Partnership only) shall have a consolidated trial;
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`IT IS FURTHER ORDERED that the two cases against T-Mobile (Member Case
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`Nos. 2:23-cv-00204 and 2:23-CV-00469) shall have a consolidated trial;
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`IT IS FURTHER ORDERED that the two cases against AT&T (Lead Case No.
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`2:23-cv-00202 (for the AT&T Defendants only) and Member Case No. 2:23- CV-00468)
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`shall have a consolidated trial;
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`IT IS FURTHER ORDERED that the Court will enter an Amended Docket Control
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`Order applicable to the entire consolidated action that will supersede the Orders previously
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`entered in all actions;
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`IT IS FINALLY ORDERED that (i) depositions of Plaintiff’s Rule 30(b)(6)
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`witnesses, inventors, or prosecution counsel (including, without limitation, Messrs.
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`2
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`Case 2:23-cv-00202-JRG-RSP Document 94 Filed 09/16/24 Page 3 of 3 PageID #: 2770
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`Chraplyvy, Hansen, Chaffee, Brennan, Eidson, and the various prosecution counsel
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`deponents, including Messrs. Haycox, Ambrose, Brooks, Schwedler, and Burke) will be
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`collectively limited to 14 hours and questioning will not repeat issues addressed in earlier
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`depositions, and (ii) the limits in the Discovery Order in Case No. 2:23-00202 (Dkt. No. 39)
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`will otherwise apply to the consolidated action.
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`All counsel should make sure that their appearances are already noted in the above-
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`captioned Lead Case. If not, they should take appropriate steps.
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`3
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`____________________________________
`ROY S. PAYNE
`UNITED STATES MAGISTRATE JUDGE
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`SIGNED this 3rd day of January, 2012.
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`SIGNED this 15th day of September, 2024.
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