`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 1 of 8 PageID #: 4666
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`
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`EXHIBIT E
`EXHIBIT E
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`
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`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 2 of 8 PageID #: 4667
`Case 2:17-cv-00513-JRG Document 85 Filed 02/01/18 Page 1 of 7 PageID #: 5038
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`Plaintiff,
`
`v.
`
`LEAD CASE NO. 2:17-cv-513-JRG
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI DEVICE
`(DONGGUAN) CO., LTD.,
`
`JURY TRIAL DEMANDED
`
`Defendants.
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`MEMBER CASE NO. 2:17-cv-515-JRG
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.,
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`DOCKET CONTROL ORDER
`In accordance with the Scheduling Conference held in this case on November 28, 2017
`
`(Dkt. 33), it is hereby ORDERED that the following schedule of deadlines is in effect until
`
`further order of this Court:
`
`Original Date
`January 7, 2019
`
` New Date
`Unchanged
`
`December 10, 2018 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
`
`
`
`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 3 of 8 PageID #: 4668
`Case 2:17-cv-00513-JRG Document 85 Filed 02/01/18 Page 2 of 7 PageID #: 5039
`
`Original Date
`December 5, 2018
`
`New Date
`Unchanged
`
`December 3, 2018
`
`Unchanged
`
`November 26, 2018 Unchanged
`
`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.
`
`November 19, 2018 Unchanged
`
`File Motions in Limine
`
`November 19, 2018 Unchanged
`
`November 5, 2018 November 12, 2018
`
`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
`
`
`
`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 4 of 8 PageID #: 4669
`Case 2:17-cv-00513-JRG Document 85 Filed 02/01/18 Page 3 of 7 PageID #: 5040
`
`Original Date
`October 29, 2018
`
` New Date
`Unchanged
`
`October 1, 2018
`
`October 4, 2018
`
`Event
`Serve Pretrial Disclosures (Witness
`List, Deposition Designations, and
`Exhibit List) by 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.
`
`October 1, 2018
`
`September 28, 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.
`
`Deadline to Complete Expert
`Discovery
`
`Serve Disclosures for Rebuttal
`Expert Witnesses
`
`Serve Disclosures for Expert
`Witnesses by the Party with the
`Burden of Proof
`
`Deadline to Complete Fact Discovery
`and File Motions to Compel
`Discovery
`
`October 1, 2018
`
`September 24, 2018
`
`September 10, 2018 Unchanged
`
`August 20, 2018
`
`August 22, 2018
`
`August 20, 2018
`
`August 15, 2018
`
`
`
`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 5 of 8 PageID #: 4670
`Case 2:17-cv-00513-JRG Document 85 Filed 02/01/18 Page 4 of 7 PageID #: 5041
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`Original Date
`July 30, 2018
`
`New Date
`Unchanged
`
`July 25, 2018
`
`July 23, 2018
`
`Unchanged
`
`July 2, 2018
`
`Unchanged
`
`June 18, 2018
`
`Unchanged
`
`June 11, 2018
`
`Unchanged
`
`June 4, 2018
`
`Unchanged
`
`May 21, 2018
`
`Unchanged
`
`Event
`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.
`
`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 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. 3-7 (Opinion of
`Counsel Defenses)
`
`*Claim Construction Hearing - 1:30
`in Marshall, Texas before
`p.m.
`Judge Rodney Gilstrap
`
`*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).
`
`
`
`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 6 of 8 PageID #: 4671
`Case 2:17-cv-00513-JRG Document 85 Filed 02/01/18 Page 5 of 7 PageID #: 5042
`
`Original Date
`May 21, 2018
`
` New Date
`Unchanged
`
`May 7, 2018
`
`Unchanged
`
`April 30, 2018
`
`April 16, 2018
`
`Unchanged
`
`Unchanged
`
`April 9, 2018
`
`Unchanged
`
`March 19, 2018
`
`Unchanged
`
`February 26, 2018
`
`Unchanged
`
`February 19, 2018
`
`Event
`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
`
`*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.
`
`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 Defendant to elect no more
`than 20 prior art reference against
`each patent and no more than a total
`of 60 references.
`
`
`
`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 7 of 8 PageID #: 4672
`Case 2:17-cv-00513-JRG Document 85 Filed 02/01/18 Page 6 of 7 PageID #: 5043
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`Original Date
`January 9, 2018
`
`New Date
`February 6, 2018
`
`Event
`Comply with P.R. 3-3 & 3-4
`(Invalidity Contentions)
`
`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;
`
`The fact that one or more of the attorneys is set for trial in another court on the same
`(b)
`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
`(c)
`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’).”
`
`
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`Case 2:17-cv-00514-JRG Document 108-6 Filed 01/25/19 Page 8 of 8 PageID #: 4673
`Case 2:17-cv-00513-JRG Document 85 Filed 02/01/18 Page 7 of 7 PageID #: 5044
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