AGIS SOFTWARE DEVELOPMENT
`LLC,
`
`
`
`v.
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`APPLE INC.,
`ZTE CORPORATION, ZTE (USA),
`INC., AND ZTE (TX), INC.,
`
`
`
`
`Plaintiff,
`
`Defendants.
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 1 of 8 PageID #: 5141
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`Civil Action No. 2:17-CV-513-JRG
`(Lead Case)
`
`
`Civil Action No. 2:17-CV-514-JRG
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-516-JRG
`Civil Action No. 2:17-CV-517-JRG
`
`
`JOINT MOTION FOR ENTRY OF AGREED DOCKET CONTROL ORDER
`Pursuant to the Court's Consolidation Order (Dkt. No. 90) filed on March 5, 2018 in the
`
`Huawei Device USA Inc., et al. case, the parties jointly and respectfully request that the Court
`
`enter the proposed Docket Control Order, attached as Exhibit A. The parties’ adjustments to the
`
`Docket Control Order (Dkt. 89) issued in the Huawei Device USA Inc., et al. case on March 5,
`
`2017 are set forth below.
`
`Current Deadline
`
`
`
`March 4, 2019
`
`
`
`February 4, 2019
`
`Same
`
`Same
`
`Proposed
`Deadline
`
`Event
`
`*Jury Selection - 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`
`LLC,
`
`
`
`v.
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI
`DEVICE (DONGGUAN) CO., LTD.,
`HTC CORPORATION,
`LG ELECTRONICS, INC.,
`APPLE INC.,
`ZTE CORPORATION, ZTE (USA),
`INC., AND ZTE (TX), INC.,
`
`
`
`
`Plaintiff,
`
`Defendants.
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 1 of 8 PageID #: 5141
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`
`Civil Action No. 2:17-CV-513-JRG
`(Lead Case)
`
`
`Civil Action No. 2:17-CV-514-JRG
`Civil Action No. 2:17-CV-515-JRG
`Civil Action No. 2:17-CV-516-JRG
`Civil Action No. 2:17-CV-517-JRG
`
`
`JOINT MOTION FOR ENTRY OF AGREED DOCKET CONTROL ORDER
`Pursuant to the Court's Consolidation Order (Dkt. No. 90) filed on March 5, 2018 in the
`
`Huawei Device USA Inc., et al. case, the parties jointly and respectfully request that the Court
`
`enter the proposed Docket Control Order, attached as Exhibit A. The parties’ adjustments to the
`
`Docket Control Order (Dkt. 89) issued in the Huawei Device USA Inc., et al. case on March 5,
`
`2017 are set forth below.
`
`Current Deadline
`
`
`
`March 4, 2019
`
`
`
`February 4, 2019
`
`Same
`
`Same
`
`Proposed
`Deadline
`
`Event
`
`*Jury Selection - 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
`
`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 2 of 8 PageID #: 5142
`
`Proposed
`Deadline
`
`Current Deadline
`
`
`
`Same
`
`January 30, 2019
`
`
`
`Same
`
`January 28, 2019
`
`
`
`Same
`
`January 21, 2019
`
`Event
`
`*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.
`
`*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,
`Shelly Holmes, at
`shelly_holmes@txed.uscourts.gov.
`
`
`
`Same
`
`File Motions in Limine
`
`January 14, 2019
`
`
`
`January 14, 2019
`
`
`
`January 7, 2019
`
`
`
`December 21, 2018
`
`Same
`
`Same
`
`Same
`
`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
`
`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
`
`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List) by
`
`
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 3 of 8 PageID #: 5143
`
`Current Deadline
`
`Proposed
`Deadline
`
`Event
`
`
`
`Same
`
`December 7, 2018
`
`the Party with the Burden of Proof
`
`*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.
`
`
`
`Same
`
`*File Dispositive Motions
`
`December 7, 2018
`
`
`
`December 3, 2018
`
`
`
`November 5, 2018
`
`
`
`October 15, 2018
`
`
`
`October 15, 2018
`
`
`
`September 28, 2018
`
`Same
`
`Same
`
`Same
`
`Same
`
`Same
`
`September 21, 2018 Same
`
`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 onlv be granted in exceptional
`circumstances. Exceptional circumstances
`require more than agreement among the parties.
`
`Deadline to Complete Expert Discovery
`
`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
`
`Deadline to Complete Mediation
`
`The parties are responsible for ensuring that a
`mediation report is filed no later than 5 days after
`the conclusion of mediation.
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 4 of 8 PageID #: 5144
`
`Proposed
`Deadline
`
`Event
`
`Current Deadline
`
`
`
`August 31, 2018
`
`
`
`Same
`
`
`
`*Claim Construction Hearing – 1:30 p.m. in
`Marshall, Texas before Judge Rodney Gilstrap
`
`Plaintiff shall serve a Final Election of Asserted
`Claims, which shall identify no more than 15
`claims per asserted patent and no more than 38
`claims in total.
`
`Not later than 14 days after Plaintiff’s election
`each Defendant to elect no more than 15 prior art
`references against each patent and no more than
`a total of 40 references.
`
`*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).
`
`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
`
`August 29, 2018
`
`August 15, 2018
`
`
`
`August 17, 2018
`
`
`August 10, 2018
`
`
`August 3, 2018
`
`
`July 20, 2018
`
`Same
`
`Same
`
`Same
`
`Same
`
`
`July 20, 2018
`
`Same
`
`
`July 6, 2018
`
`
`June 29, 2018
`
`Same
`
`Same
`
`
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 5 of 8 PageID #: 5145
`
`Current Deadline
`
`
`June 15, 2018
`
`Proposed
`Deadline
`
`Event
`
`Same
`
`*File Amended Pleadings
`
`
`June 8, 2018
`
`
`May 18, 2018
`
`
`April 27, 2018
`
`
`None
`
`Same
`
`Same
`
`Same
`
`
`
`April 16, 2018
`
`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)
`
`Plaintiff shall serve a Preliminary Election of
`Asserted Claims, which shall identify no more
`than 20 claims per asserted patent and no more
`than 75 claims in total.
`
`Not later than 14 days after Plaintiff’s election
`each Defendant to elect no more than 20 prior art
`references against each patent and no more than
`60 total references.
`
`
`
`(*) 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.
`
`
`
`Dated: April 2, 2018
`
`
`
`
`
`
`
`Respectfully submitted,
`
`BROWN RUDNICK LLP
`
` /s/ Daniel J. Shea Jr.
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`
`
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 6 of 8 PageID #: 5146
`
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Joseph Mercadante
`NY Bar No. 4784930
`Email: jmercadante@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`Daniel J. Shea Jr.
`NY Bar No. 5430558
`dshea@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: 212-209-4800
`Facsimile: 212-209-4801
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF, AGIS
`SOFTWARE DEVELOPMENT LLC
`
`
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 7 of 8 PageID #: 5147
`
`
`
`
`
`/s/ Keri-Ann Limbeek
`
`Melissa Richards Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Ave.
`Marshall, TX 75670
`Tel: (903) 934-8450
`Fax: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`John M. Desmarais
`Michael P. Stadnick
`Ameet A. Modi
`Kerri-Ann Limbeek
`Brian Matty
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`Email: jdesmarais@desmaraisllp.com
`Email: mstadnick@desmaraisllp.com
`Email: amodi@desmaraisllp.com
`Email: klimbeek@desmaraisllp.com
`Email: bmatty@desmaraisllp.com
`
`
`Attorneys for Defendant Apple Inc.
`
`
`
`
`
`
`
`Case 2:17-cv-00513-JRG Document 111 Filed 04/03/18 Page 8 of 8 PageID #: 5148
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on April 2, 2018, all counsel of record who are
`
`deemed to have consented to electronic service are being served with a copy of this document via
`
`the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`
`
`/s/ Daniel J Shea Jr.
`Daniel J Shea Jr.
`
`
`
`
`
`
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