Case 2:22-cv-00351-RWS-RSP Document 38 Filed 05/11/23 Page 1 of 4 PageID #: 424
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`TEXTRON INNOVATIONS INC.,
`Plaintiff,
`
`v.
`
`SZ DJI TECHNOLOGY CO., LTD., DJI
`EUROPE B.V., SZ DJI BAIWANG
`TECHNOLOGY CO. LTD., and
`IFLIGHT TECHNOLOGY COMPANY
`LTD.
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CIVIL ACTION 2:22-cv-0351-RWS-RSP
`
`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:
`
`DATE
`
`EVENT
`
`July 15, 2024
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`7 days before Jury
`Selection
`
`10 days before Jury
`Selection
`
`June 17, 2024
`
`June 10, 2024
`
`June 3, 2024
`
`*Defendant to disclose final invalidity theories, final prior art
`references/combinations, and final equitable defenses
`
`*Plaintiff to disclose final election of Asserted Claims
`
`*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
`
`*Pretrial Conference – 1:30 p.m. in Marshall, Texas before Judge
`Roy Payne
`
`*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 advice the Court
`
`1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire.
`
`DELL-1045
`10,079,707
`
`

`

`Case 2:22-cv-00351-RWS-RSP Document 38 Filed 05/11/23 Page 2 of 4 PageID #: 425
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`June 3, 2024
`
`May 28, 2024
`
`May 20, 2024
`
`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.
`
`May 20, 2024
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`May 13, 2024
`
`April 29, 2024
`
`April 22, 2024
`
`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
`
`*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.
`
`April 8, 2024
`
`*File Motions to Strike Expert Testimony (including Daubert
`Motions)
`
`
`
`
`
`
`
`2 The parties are directed to Local Rule CV-7(d), which provides in party 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 the 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.
`
`2
`
`

`

`Case 2:22-cv-00351-RWS-RSP Document 38 Filed 05/11/23 Page 3 of 4 PageID #: 426
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`April 8, 2024
`
`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 pages limits will only be granted in
`exceptional circumstances. Exceptional circumstances require
`more than agreement among the parties.
`
`April 1, 2024
`
`Deadline to Complete Expert Discovery
`
`March 18, 2024
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`February 26, 2024
`
`February 26, 2024
`
`Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
`
`Deadline to Complete Fact Discovery and File Motions to Compel
`Discovery
`
`January 26, 2024
`
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`January 19, 2024
`
`*Claim Construction Hearing – 9:00 a.m. in Marshall, Texas
`before Judge Roy Payne
`
`January 5, 2024
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`December 21, 2023
`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`
`December 14, 2023
`
`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
`
`December 8, 2023
`
`November 30, 2023
`
`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. 4-5(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).
`
`November 17, 2023
`
`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
`
`3
`
`

`

`Case 2:22-cv-00351-RWS-RSP Document 38 Filed 05/11/23 Page 4 of 4 PageID #: 427
`
`
`
`
`
`
`
`
`
`November 17, 2023
`
`File Response to Amended Pleadings
`
`November 3, 2023
`
`*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.
`
`October 27, 2023
`
`Comply with P.R. 4-3 (Joint Claim Construction Statement)
`
`September 29, 2023
`
`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
`
`September 8, 2023
`
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
`
`June 5, 2023
`
`June 5, 2023
`
`May 15, 2023
`
`May 8, 2023
`
`May 1, 2023
`
`Comply with Standing Order Regarding Subject-Matter Eligibility
`Contentions3
`
`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.
`
`File Proposed Discovery Order and Proposed Docket Control Order
`
`Join Additional Parties
`
`(*) 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.
`
`3
`http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re
`%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-YU5P]
`
`4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`