`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 1 of 8 PageID #: 4658
`
`
`
`EXHIBIT D
`EXHIBIT D
`
`
`
`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 2 of 8 PageID #: 4659
`Case 2:17-cv-00514-JRG Document 39 Filed 02/20/18 Page 1 of 7 PageID #: 2193
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:17-cv-514-JRG
`(LEAD CASE)
`
`JURY TRIAL DEMANDED
`
`Case No. 2:17-cv-517-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`§ § § § § § § § § §
`
`§ § § § § § § § § § § §
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`v.
`
`HTC CORPORATION,
`
`Plaintiff,
`
`Defendant.
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`Plaintiff,
`
`v.
`
`ZTE CORPORATION, ZTE (USA), INC.,
`AND ZTE (TX), INC.,
`
`Defendants.
`
`DOCKET CONTROL ORDER
`
`In accordance with the Scheduling Conference held in this case on February 1, 2018 and
`
`Dkt. No. 26, it is hereby ORDERED that the following schedule of deadlines is in effect until
`
`further order of this Court:1,2
`
`1 HTC Corp. states that it enters into this docket control order subject to its motion to dismiss and
`without waiver of its objection to personal jurisdiction in this case.
`2 Defendant ZTE Corporation has not yet been served or appeared in this matter; thus, Defendant
`ZTE Corporation will adhere to the schedule of deadlines if it is served. Further, ZTE (USA),
`Inc. and ZTE (TX), Inc. state that they enter into this docket control order subject to their motion
`to dismiss, or in the alternative transfer, and without waiver of its objection to venue in this case.
`
`
`
`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 3 of 8 PageID #: 4660
`Case 2:17-cv-00514-JRG Document 39 Filed 02/20/18 Page 2 of 7 PageID #: 2194
`
`Current Deadline
`
`New
`Deadline
`
`March 4, 2019
`
`Unchanged
`
`February 4, 2019
`
`Unchanged
`
`January 30, 2019
`
`Unchanged
`
`January 28, 2019
`
`Unchanged
`
`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
`
`*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
`
`January 21, 2019
`
`Unchanged
`
`*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.
`
`January 14, 2019
`
`Unchanged
`
`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.
`
`January 14, 2019
`
`Unchanged
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`December 31, 2018
`
`January 7, 2019
`
`Serve Objections to Pretrial Disclosures; and
`Serve Rebuttal Pretrial Disclosures
`
`2
`
`
`
`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 4 of 8 PageID #: 4661
`Case 2:17-cv-00514-JRG Document 39 Filed 02/20/18 Page 3 of 7 PageID #: 2195
`
`Current Deadline
`
`New
`Deadline
`
`December 24, 2018 December 21, 2018
`
`Event
`
`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List) by
`the Party with the Burden of Proof
`
`November 26, 2018 December 7, 2018
`
`*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.
`
`November 26, 2018 December 7, 2018
`
`*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 page
`limits will onlv be granted in exceptional
`circumstances. Exceptional circumstances
`require more than agreement among the parties.
`
`November 26, 2018 December 3, 2018
`
`Deadline to Complete Expert Discovery
`
`November 5, 2018
`
`Unchanged
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`October 15, 2018
`
`Unchanged
`
`October 15, 2018
`
`Unchanged
`
`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
`
`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
`
`September 28, 2018 Unchanged
`
`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.
`
`September 21, 2018 Unchanged
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`August 31, 2018
`
`Unchanged
`
`*Claim Construction Hearing – 1:30 p.m. in
`Marshall, Texas before Judge Rodney Gilstrap
`
`3
`
`
`
`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 5 of 8 PageID #: 4662
`Case 2:17-cv-00514-JRG Document 39 Filed 02/20/18 Page 4 of 7 PageID #: 2196
`
`Current Deadline
`
`New
`Deadline
`
`August 29, 2018
`
`August 17, 2018
`
`Unchanged
`
`August 10, 2018
`
`Unchanged
`
`August 3, 2018
`
`Unchanged
`
`July 20, 2018
`
`Unchanged
`
`July 20, 2018
`
`Unchanged
`
`July 6, 2018
`
`Unchanged
`
`Event
`
`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
`Defendants 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)
`
`June 29, 2018
`
`Unchanged
`
`File Response to Amended Pleadings
`
`4
`
`
`
`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 6 of 8 PageID #: 4663
`Case 2:17-cv-00514-JRG Document 39 Filed 02/20/18 Page 5 of 7 PageID #: 2197
`
`Current Deadline
`
`New
`Deadline
`
`Event
`
`June 15, 2018
`
`Unchanged
`
`*File Amended Pleadings
`
`June 8, 2018
`
`Unchanged
`
`May 18, 2018
`
`Unchanged
`
`April 27, 2018
`
`Unchanged
`
`April 1, 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
`Defendants to elect no more than 20 prior art
`references against each patent and no more than
`60 total references.
`
`March 15, 2018
`
`Unchanged
`
`Comply with P.R. 3-3 & 3-4 (Invalidity
`Contentions)
`
`February 22, 2018
`
`Unchanged
`
`*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.
`
`5
`
`
`
`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 7 of 8 PageID #: 4664
`Case 2:17-cv-00514-JRG Document 39 Filed 02/20/18 Page 6 of 7 PageID #: 2198
`
`Current Deadline
`
`New
`Deadline
`
`February 15, 2018
`
`Unchanged
`
`Event
`
`*File Proposed Docket Control Order and
`Proposed Discovery Order
`
`The Proposed Docket Control Order and
`Proposed Discovery Order shall be filed as
`separate motions with the caption indicating
`whether or not the proposed order is opposed in
`any part.
`
`February 8, 2018
`
`Unchanged
`
`Join Additional Parties
`
`February 5, 2018
`
`Unchanged
`
`*File Notice of Mediator (Completed)
`
`January 18, 2018
`
`Unchanged
`
`Comply with P.R. 3-1 & 3-2 (Infringement
`Contentions) (Completed)
`
`(*) 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.
`
`ADDITIONAL REQUIREMENTS
`
`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.
`
`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.
`
`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.
`
`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`6
`
`
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`Case 2:17-cv-00514-JRG Document 108-5 Filed 01/25/19 Page 8 of 8 PageID #: 4665
`Case 2:17-cv-00514-JRG Document 39 Filed 02/20/18 Page 7 of 7 PageID #: 2199
`
`(b)
`
`(c)
`
`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;
`
`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.
`
`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
`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’).”
`
`7
`
`