Case 2:22-cv-00280-RWS-RSP Document 130 Filed 10/31/23 Page 1 of 7 PageID #: 31786
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AX WIRELESS LLC,
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`Plaintiff,
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`v.
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`LENOVO GROUP LIMITED,
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`Defendant.
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`§
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`§
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`CIVIL ACTION NO. 2:22-CV-00280-RWS-RSP
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`THIRD AMENDED DOCKET CONTROL ORDER
`In accordance with the Parties’ Disputed Motion to Amend Second Amended Docket Control Order
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`(Dkt. No. 128), it is hereby ORDERED that the following schedule of deadlines is in effect until further
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`order of this Court:
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`7 days before
`Jury Selection
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`7 days before
`Jury Selection
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`Original Date Amended
`Date
`June 24, 2024 July 15, 2024 *Jury Selection – 9:00 a.m. in
`Marshall, Texas
`*Defendant to disclose final invalidity theories, final prior
`art references/combinations, and final equitable defenses.
`Defendants’ Final Election of Asserted Prior Art shall identify
`no more than six asserted prior art references per patent from
`among the ten prior art references previously identified for
`that particular patent and no more than a total of twenty
`references. For purposes of this Final Election of Asserted
`Prior Art, each obviousness combination counts as a separate
`prior art reference
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`10 days before
`Jury Selection
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`10 days before
`Jury Selection
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`*Plaintiff to disclose final election of Asserted Claims.
`Plaintiff’s Final Election of Asserted Claims shall identify no
`more than five asserted claims per patent from among the
`eight previously identified claims and no more than a total of
`sixteen asserted claims
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`DELL-1043
`10,079,707
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`

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`Case 2:22-cv-00280-RWS-RSP Document 130 Filed 10/31/23 Page 2 of 7 PageID #: 31787
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`May 27, 2024
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`June 19, 2024 * 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 date1.
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`May 21, 2024 June 14, 2024 *Pretrial Conference – 1:30 p.m. in Marshall, Texas before
`Judge Roy Payne
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`May 13, 2024 June 7, 2024
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`May 13, 2024 June 7, 2024
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`May 6, 2024
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`June 5, 2024
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`*Notify Court of Agreements Reached During Meet and
`Confer
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`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.
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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
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`*File Notice of Request for Daily Transcript or Real Time
`Reporting.
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`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, Shelly Holmes, at
`shelly_holmes@txed.uscourts.gov.
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`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir Dire
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`Case 2:22-cv-00280-RWS-RSP Document 130 Filed 10/31/23 Page 3 of 7 PageID #: 31788
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`April 29, 2024 June 5, 2024
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`File Motions in Limine
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`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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`April 29, 2024 June 5, 2024
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`Serve Objections to Rebuttal Pretrial Disclosures
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`April 22, 2024 May 29, 2024 Serve Objections to Pretrial Disclosures; and Serve Rebuttal
`Pretrial Disclosures
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`April 1, 2024 May 29, 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.2 Motions for Summary Judgment shall comply with
`Local Rule CV-56.
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`April 8, 2024 May 22, 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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`2 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.
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`Case 2:22-cv-00280-RWS-RSP Document 130 Filed 10/31/23 Page 4 of 7 PageID #: 31789
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`March 18,
`2024
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`May 15, 2024 *File Motions to Strike Expert Testimony (including Daubert
`Motions)
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`
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`No motion to strike expert testimony (including a Daubert
`motion) may be filed after this date without leave of the Court.
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`March 18,
`2024
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`March 11,
`2024
`February 16,
`2024
`January 26,
`2024
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`May 15, 2024 *File Dispositive Motions
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`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.
`May 8, 2024 Deadline to Complete Expert Discovery
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`April 10, 2024 Serve Disclosures for Rebuttal Expert Witnesses
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`March 20,
`2024
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`Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
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`January 26,
`2024
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`March 20,
`2024
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`Serve Disclosures for Expert
`Witnesses by the Party with the Burden of Proof
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`December 11,
`2023
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`October 6,
`2023
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`November 17,
`2023
`November 30,
`2023
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`Defendants serve their Preliminary Election of Asserted Prior Art,
`which shall assert no more than ten prior art references against
`each patent and not more than a total of 40 references
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`Plaintiff serves its Preliminary Election of Asserted Claims,
`which shall assert no more than
`eight claims from each patent and not more than a total of 32
`claims.
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`October 27,
`2023
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`November 16,
`2023
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`*Claim Construction Hearing – 9:00 a.m. in Marshall, Texas
`before Judge Roy Payne
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`Case 2:22-cv-00280-RWS-RSP Document 130 Filed 10/31/23 Page 5 of 7 PageID #: 31790
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`October 13,
`2023
`October 6,
`2023
`September 29,
`2023
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`October 13,
`2023
`October 6,
`2023
`September 29,
`2023
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`September 15,
`2023
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`September 15,
`2023
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`September 15,
`2023
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`September 15,
`2023
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
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`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
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`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
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`Comply with P.R. 4-5(a) (Opening Claim Construction Brief) and
`Submit Technical Tutorials (if any)
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`Good cause must be shown to submit technical tutorials after the
`deadline to comply with P.R. 4- 5(a).
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`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.
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`September 1,
`2023
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`September 1,
`2023
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`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
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`August 25,
`2023
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`August 11,
`2023
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`August 25,
`2023
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`August 11,
`2023
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`File Response to Amended Pleadings
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`*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.
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`August 18,
`2023
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`August 18,
`2023
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`Comply with P.R. 4-3 (Joint Claim Construction Statement)
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`Case 2:22-cv-00280-RWS-RSP Document 130 Filed 10/31/23 Page 6 of 7 PageID #: 31791
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`(*) indicates a deadline that cannot be changed without showing 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.
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`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.
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`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.
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`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.
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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:
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`(a)
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`(b)
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`(c)
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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 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;
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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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`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
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`Case 2:22-cv-00280-RWS-RSP Document 130 Filed 10/31/23 Page 7 of 7 PageID #: 31792
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`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’).”
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`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 without leave of the Court based upon a showing of good cause.
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