Case 2:17-cv-00516-JRG Document 46 Filed 10/13/17 Page 1 of 6 PageID #: 382
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:17-CV-0516-JRG
`
`§§§§§
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`v.
`
`APPLE, INC.
`
`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:
`
`Original Date
`
`New Date
`
`Event
`
`Unchanged
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`*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
`
`December 3,
`2018
`
`November 5,
`2018
`
`October 31,
`2018
`
`Unchanged
`
`Unchanged
`
`October 29,
`2018
`
`Unchanged
`
`October 22,
`2018
`
`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.
`
`

`

`Case 2:17-cv-00516-JRG Document 46 Filed 10/13/17 Page 2 of 6 PageID #: 383
`
`Original Date
`
`New Date
`
`Event
`
`October 15,
`2018
`
`October 15,
`2018
`
`October 1,
`2018
`
`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.
`
`Unchanged
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`October 5, 2018
`
`Serve Objections to Pretrial Disclosures; and Serve
`Rebuttal Pretrial Disclosures
`
`September 24,
`2018
`
`Unchanged
`
`Serve Pretrial Disclosures (Witness List, Deposition
`Designations, and Exhibit List) by the Party with the
`Burden of Proof
`
`August 27,
`2018
`
`Unchanged
`
`*File Motions to Strike Expert Testimony (including
`Daubert
`Motions)
`
`August 27,
`2018
`
`No motion to strike expert testimony (including a
`Daubert motion) may be filed after this date without
`leave of the Court.
`
`Unchanged
`
`*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 only be
`granted in exceptional circumstances.
` Exceptional
`circumstances require more than agreement among the
`parties.
`
`August 27,
`2018
`
`August 24, 2018
`
`Deadline to Complete Expert Discovery
`
`August 6, 2018 Unchanged
`
`Serve Disclosures for Rebuttal Expert Witnesses
`
`July 16, 2018
`
`Unchanged
`
`July 16, 2018
`
`July 9, 2018
`
`Serve Disclosures for Expert Witnesses by the Party
`with the Burden of Proof
`
`Deadline to Complete Fact Discovery and File Motions
`to Compel Discovery
`
`- 2 -
`
`

`

`Case 2:17-cv-00516-JRG Document 46 Filed 10/13/17 Page 3 of 6 PageID #: 384
`
`Original Date
`
`New Date
`
`Event
`
`June 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.
`
`June 21, 2018
`
`Unchanged
`
`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`May 31, 2018
`
`Unchanged
`
`May 17, 2018
`
`Unchanged
`
`*Claim Construction Hearing – 1:30 p.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction
`Chart)
`
`May 17, 2018
`
`Plaintiff to elect no more than 15 claims per asserted
`patent and no more than 48 total claims;
`
`May 10, 2018
`
`Unchanged
`
`May 3, 2018
`
`Unchanged
`
`April 19, 2018 Unchanged
`
`April 19, 2018 April 12, 2018
`
`April 5, 2018
`
`Unchanged
`
`than 14 days after Plaintiff’s election,
`later
`Not
`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(c) (Reply Claim Construction
`Brief)
`
`Comply with P.R.
`Construction Brief)
`
`4-5(b)
`
`(Responsive Claim
`
`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).
`
`to Substantially Complete Document
`Deadline
`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)
`
`- 3 -
`
`

`

`Case 2:17-cv-00516-JRG Document 46 Filed 10/13/17 Page 4 of 6 PageID #: 385
`
`Original Date
`
`New Date
`
`Event
`
`N/A
`
`April 2, 2018
`
`The parties shall meet and confer regarding the election
`of asserted claims and prior art in view of the Final
`Amended Pleadings and P.R. 4-3
`Joint Claim
`Construction Statement.
`
`March 29, 2018 Unchanged
`
`File Response to Amended Pleadings
`
`March 15, 2018 Unchanged
`
`*File Amended Pleadings
`
`March 8, 2018 Unchanged
`
`Unchanged
`
`Unchanged
`
`February 15,
`2018
`
`January 25,
`2018
`
`November 1,
`2017
`
`October 11,
`2017
`
`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)
`
`December 1, 2017 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
`
`October 18, 2017
`
`*File Proposed Protective Order and Comply with
`Paragraphs 1 & 3 of the Discovery Order (Initial and
`Additional Disclosures)
`
`N/A
`
`October 6, 2017
`
`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.
`
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`for claims
`regarding U.S. Patent No. 9,749,829
`(Completed)
`
`October 4,
`2017
`
`October 11, 2017
`
`*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.
`
`- 4 -
`
`

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`Case 2:17-cv-00516-JRG Document 46 Filed 10/13/17 Page 5 of 6 PageID #: 386
`
`Original Date
`
`New Date
`
`Event
`
`September 27,
`2017
`
`Unchanged
`
`Join Additional Parties (Completed)
`
`September 23,
`2017
`
`September 25,
`2017
`
`*File Notice of Mediator (Completed)
`
`Unchanged
`
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`September 18,
`(Completed)
`2017
`(*) 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)
`
`(b)
`
`(c)
`
`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 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
`
`- 5 -
`
`

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`Case 2:17-cv-00516-JRG Document 46 Filed 10/13/17 Page 6 of 6 PageID #: 387
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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.
`
`Proposed DCO: The Parties’ Proposed DCO should also follow the format described
`above under “Amendments to the Docket Control Order (‘DCO’).”
`
`- 6 -
`
`