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`Case 2:17-cv-00513-JRG Document 192-1 Filed 08/23/18 Page 1 of 5 PageID #: 11062
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
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`v.
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`HUAWEI DEVICE USA INC., et al.,
`
`
`Defendants,
`APPLE, INC.,
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`
`Defendant,
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`§
`§
`§
`§
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`§
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`Civil Action No. 2:17-CV-513-JRG
`(LEAD CASE)
`
`Civil Action No. 2:17-CV-516-JRG
`(Consolidated Case)
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`AMENDED DOCKET CONTROL ORDER
`
`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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`Original Date
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`New Date
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`Event
`
`March 4, 2019
`
`Unchanged
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
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`February 4, 2019
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`Unchanged
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`January 30, 2019
`
`Unchanged
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`
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`*Pretrial Conference – 9:00 a.m. in Marshall, Texas
`before Judge Rodney Gilstrap
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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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`Case 2:17-cv-00513-JRG Document 192-1 Filed 08/23/18 Page 2 of 5 PageID #: 11063
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`Original Date
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`New Date
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`January 28, 2019
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`Unchanged
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`January 21, 2019
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`Unchanged
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`January 14, 2019
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`Unchanged
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`Event
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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.
`
`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.
`
`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.
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`January 14, 2019
`
`Unchanged
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`Serve Objections to Rebuttal Pretrial Disclosures
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`January 7, 2019
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`Unchanged
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`December 21, 2018
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`Unchanged
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`December 14, 2018
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`Unchanged
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`Serve Objections to Pretrial Disclosures; and Serve
`Rebuttal Pretrial Disclosures
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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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`*File Motions to Strike Expert Testimony (including
`Daubert Motions)
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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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`Case 2:17-cv-00513-JRG Document 192-1 Filed 08/23/18 Page 3 of 5 PageID #: 11064
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`Original Date
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`New Date
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`December 14, 2018
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`Unchanged
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`Event
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`*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.
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`December 7, 2018
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`Unchanged
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`Deadline to Complete Expert Discovery
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`November 16, 2018
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`Unchanged
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`Serve Disclosures for Rebuttal Expert Witnesses
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`October 26, 2018
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`Unchanged
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`October 15, 2018
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`Unchanged
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`Serve Disclosures for Expert Witnesses by the Party
`with the Burden of Proof
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`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
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`October 15, 2018
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`October 17, 2018 Deadline to Complete Mediation
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`The parties are responsible for ensuring that a
`mediation report is filed no later than 5 days after the
`conclusion of mediation.
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`September 21, 2018
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`Unchanged
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`September 13, 2018
`
`Unchanged
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`August 15, 2018
`
`Unchanged
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`*Claim Construction Hearing – 1:30 p.m.
`Marshall, Texas before Judge Rodney Gilstrap
`
`in
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`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.
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`
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`August 27, 2018
`
`Unchanged
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`*Comply with P.R. 4-5(d) (Joint Claim Construction
`Chart)
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`Case 2:17-cv-00513-JRG Document 192-1 Filed 08/23/18 Page 4 of 5 PageID #: 11065
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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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`Notice of Mediator: The parties are to jointly file a notice that identifies the agreed upon
`mediator or indicates that no agreement was reached. If the parties do not reach an agreement, the
`Court will appoint a mediator. The parties should not file a list of mediators to be considered by
`the Court.
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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) copies of the
`completed briefing (opening motion, response, reply, and if applicable, surreply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. For expert-related motions, complete digital copies of the
`relevant expert report(s) and accompanying exhibits shall submitted on a single flash drive. These
`copies shall be delivered as soon as briefing has completed.
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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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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(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
`include a proposed order that lists all of the remaining dates in one column (as above) and
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`Case 2:17-cv-00513-JRG Document 192-1 Filed 08/23/18 Page 5 of 5 PageID #: 11066
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`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.
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`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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