Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 1 of 8 PageID #: 9979
`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 1 of 8 PagelD #: 9979
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`EXHIBIT C
`EXHIBIT C
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`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 2 of 8 PageID #: 9980
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`PROPOSED JOINT FINAL PRETRIAL ORDER
`(Trial Management Procedures)1
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`This Exhibit details the Parties agreements and understandings regarding disclosing and
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`exchanging information and resolving objections before and during trial. The Exchanges and
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`deadlines are summarized in the following table.
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`ACTIVITY
`of
`list
`Provide Court with
`unobjected to, preadmitted exhibits
`Notify opposing party that a witness
`will be called
`Provide deposition designation clips
`to be played
`Provide copies of demonstrative
`exhibits
`Provide copies of non-documentary
`or physical exhibits
`counter-
`Objections
`and
`designations to deposition testimony
`Objections to counter-designations
`of deposition testimony to be played
`Objections to non-documentary or
`physical exhibits
`Objections to demonstratives
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`Meet and confer to resolve any
`outstanding
`objections
`to
`demonstratives
`Notify
`the court of unresolved
`dispute
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`the
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`DEADLINE
`7:00 pm Central one Calendar days before opening
`statements
`7:00 pm Central two Calendar days before witness will
`be called
`7:00 pm Central two Calendar days before witness will
`be called
`7:00 pm Central one Calendar day before
`demonstrative will be used
`7:00 pm Central two Calendar days before the exhibit
`will be used
`7:00 pm Central one Calendar day before witness will be
`called
`9:00 pm Central one Calendar day before witness will be
`called
`7:00 pm Central one Calendar day before the exhibits
`will be used
`9:00 pm Central one Calendar day before
`demonstrative will be used
`9:30 pm Central one Calendar day before witness will be
`called, exhibit will be used, or demonstrative will be
`used.
`10:30 pm Central one Calendar days before witness will
`be called, exhibit will be used, or demonstrative will be
`used.
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`the
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`1 The parties have indicated in brackets whether a particular section is agreed or disputed. GTP’s
`disputed proposals are set apart with brackets and highlighted in yellow. Samsung’s disputed
`proposals are set apart with brackets and highlighted in blue.
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`1
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`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 3 of 8 PageID #: 9981
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`Joint PTO Section E.
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`c.
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`[AGREED] Stipulation for Trial Management Procedures
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`The Parties agree to the following procedure that will govern the disclosure of witnesses,
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`exhibits, deposition testimony, and demonstratives to use at trial and the process to identify any
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`objections remaining between the Parties with regard to these disclosures.
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`i.
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`[AGREED] Notification of live witnesses
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`The Party calling a witness shall notify the opposing Party of the identities and the order
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`in which they plan to witnesses by 7:00 pm Central time, two calendar days before the date on
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`which the Party intends to call such witness (e.g., by 7:00 p.m. on Saturday for any witness who
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`will be called on Monday).
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`If a party provides a binder of exhibits to a live witness prior to the examination, the party
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`will provide one copy of the other party.
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`If counsel intends to change the order of witnesses or no longer expects to call a witness,
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`they shall notify the other side as soon as possible. The parties also recognize that the COVID-19
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`pandemic may affect the manner of presentation of witness testimony.
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`ii.
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`[AGREED] Exchange of deposition designations
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`The Parties shall exchange proposed deposition designation clips by 7:00 p.m. Central two
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`calendar days before the clips are to be played in trial, a workable copy of the actual recording to
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`be played, including all designations and counter-designations, a timed report of the deposition
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`designations, and shall identify any trial exhibits to be offered through that witness’ deposition
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`testimony.
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`The opposing party shall provide counter-designations and objections to the designated
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`testimony by 7:00 p.m. Central one calendar day before the clips will be played. Objections to
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`2
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`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 4 of 8 PageID #: 9982
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`counter designations will be exchanged by 9:00 p.m. Central the day before the testimony is to be
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`played.
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`The Parties will meet and confer to resolve any objections by 9:30 p.m. the day before the
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`testimony is to be played. Either Party can eliminate any of its proposed designations before a clip
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`is played.
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`The designations and counter-designations must be presented in the order they appear in
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`the transcript. All irrelevant and redundant material such as objections and colloquy between
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`counsel will be eliminated when the deposition is played or read at trial. New material, not
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`included in the parties’ pretrial designations, may not be added to a witnesses deposition testimony
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`without good cause or the other party’s agreement. However, any deposition testimony may be
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`used at trial for purposes of impeachment regardless of whether a Party identified that testimony
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`on its list of deposition designations, if the testimony is otherwise competent for such purposes.
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`iii.
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`[AGREED] Deposition counter-designations
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`Regardless of whether the testimony is read or played by video, the time available for each
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`party’s trial presentation shall be reduced by the length of its designations and counter-
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`designations.
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`iv.
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`[AGREED] Unobjected-to trial exhibits deemed admitted
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`All unobjected-to trial exhibits listed on the final exhibit lists the Parties exchange before
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`trial are deemed admitted when introduced into evidence by any Party during trial. The parties
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`agree to exchange lists of “Admitted Exhibits” by 7:00 p.m. Central Time the night before opening
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`statements.
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`Each Party may use an exhibit that is listed on the other Party’s exhibit list, to the same
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`effect as though it were listed on its own exhibit list, subject to evidentiary objections. Any exhibit,
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`3
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`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 5 of 8 PageID #: 9983
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`once admitted, may be used equally by each Party. The listing of an exhibit by a Party on its
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`exhibit list does not waive any evidentiary or other objections to that exhibit by the listing Party
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`should the opposing Party attempt to offer it into evidence.
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`v. Deadline to resolve exhibit objections
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`The Parties agree to meet and confer prior to the pretrial conference in an effort to resolve
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`all outstanding exhibit objections to the parties’ exhibit lists.
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`[Samsung’s Proposal: A party shall identify trial exhibits to be used in connection with
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`direct examination by 7:00 p.m. Central Time the calendar day before their intended use (e.g.,
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`exhibits for Monday morning will be disclosed by noon on Sunday). Any objections will be
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`provided no later than 9:00 p.m. Central Time that same day, and the parties shall meet and confer
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`promptly thereafter on any such objections.]2 3
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`[Samsung’s Proposal: The parties’ exhibit lists include exhibits that may not necessarily
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`be introduced into evidence. Each party reserves the right to add additional exhibits to its exhibit
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`list, for good cause shown, by agreement of the parties or as ordered by the Court. A party’s failure
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`to introduce any exhibit appearing on its list shall not be commented on during trial. No party will
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`remove a document or video from its exhibit list without agreement from the other party, unless it
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`provides the other party the opportunity to add the document or video to its exhibit list.]4 5
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`2 Samsung: Samsung believes this is necessary to help ensure an orderly presentation of evidence
`by the Parties and help avoid inappropriate surprise.
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` 3
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` GTP: GTP objects to this proposal and does not agree to identify trial exhibits to be used in
`connection with direct examination by 7:00 p.m. Central Time the calendar day before their
`intended use.
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` 4
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` Samsung: Samsung believes this language is necessary for purposes of clarity and consistency
`with the Court’s local rules and Federal Rules of Evidence.
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` 5
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` GTP: GTP objects to this proposal. GTP believes the above is governed by the Court’s local
`rules and Federal Rules of Evidence.
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`4
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`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 6 of 8 PageID #: 9984
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`[Samsung’s Proposal: Subject to other provisions of this Order, no party may offer as
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`evidence an exhibit not present on its exhibit list absent Court order or agreement by the parties,
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`except for purposes of impeachment or rehabilitation, if otherwise competent for such purposes.]6
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`7
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`Subject to all foundational requirements and other objections that might be made to the
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`admissibility of the original, a legible copy of any exhibit may be offered into evidence in lieu of
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`the original. The parties may use electronic versions of exhibits that are spreadsheets or slide
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`presentations. A party may replace poor print or digital quality copies of exhibits with improved
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`or higher resolution print or video digital quality copies.
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`Any documents, videos, deposition transcripts, or portions thereof, or other items not
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`specifically identified herein or offered into evidence, may still be used at trial for purposes of
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`cross-examination, impeachment or rehabilitation if otherwise competent for such purposes and
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`may be admitted into evidence consistent with the requirements of the Federal Rules of Evidence.
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`None of the foregoing stipulations shall serve as a waiver of any other objections a party
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`may have to any trial exhibits, or abrogate the requirement that the party offering an exhibit into
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`evidence satisfy any other rules governing the admissibility of evidence set forth in the Federal
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`Rules of Evidence, the Federal Rules of Civil Procedure, this Court’s Local Rules, or any other
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`applicable rule or regulation. The parties agree to meet and confer in good faith to resolve
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`objections to trial exhibits prior to their introduction at trial.
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`vi. Demonstrative exhibits
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` Samsung: Samsung believes this language is necessary for purposes of clarity and consistency
`with the Court’s local rules and Federal Rules of Evidence.
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` GTP: GTP objects to this proposal. GTP believes the above is governed by the Court’s local
`rules and Federal Rules of Evidence.
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`5
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`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 7 of 8 PageID #: 9985
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`Demonstratives to be used on direct examination and opening statements will be provided
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`to opposing counsel by 7:00 p.m. Central the night before they will be used. Any objections to
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`such demonstratives will be served by 9:00 p.m. Central that same day. The Parties will attempt
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`to resolve objections through a meet and confer to begin on or before 9:30 p.m. Central on the day
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`the objections are served. If the parties cannot resolve objections, they will notify the Court by
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`email by 10:30 p.m. on that same day. The parties will provide the Court with copies of the
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`disputed demonstrative and request a hearing the following morning before the presentation of
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`evidence resumes.
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`Demonstrative exhibits (i.e., those that do not go back into the jury room) need not be listed
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`on the Parties’ trial exhibit lists. Demonstrative exhibits do not include excerpts, highlights, or
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`blow-up portions of exhibits to the extent there is no additional characterization of the exhibit. For
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`example, a slide bearing a highlighted excerpt of an exhibit is not a demonstrative, but a slide
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`bearing an additional description or characterization of the highlighted excerpt of an exhibit shall
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`be considered demonstrative.
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`The parties further agree that the above notice provisions concerning demonstrative
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`exhibits do not apply to demonstrative exhibits created in the courtroom during live testimony or
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`that are ballooning, excerption, highlighting etc. of witness testimony, attorney statements or
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`attorney argument generated during the trial before the jury.
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`The party seeking to use a demonstrative exhibit shall provide a color copy (if the original
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`exhibit is in color) representation of the demonstrative in PDF format to the other side in
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`accordance with the schedule set forth above. For videos and animations, the party seeking to use
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`the demonstrative exhibit shall provide it to the other side in digital interactive format, including
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`as applicable, flash format, PPT format, MPG or any other video format. A party’s demonstrative
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`6
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`Case 2:21-cv-00040-JRG-RSP Document 214-3 Filed 01/25/22 Page 8 of 8 PageID #: 9986
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`will not be used, in whole or in part, by the other party prior to it being used by the disclosing
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`party.
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`vii.
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`[AGREED] Nondocumentary or Physical Exhibits
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`The parties shall identify and make available for inspection any non-documentary exhibits,
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`such as physical exhibits, that the parties plan to use at trial during direct examination, by 7:00
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`p.m. Central Time two calendar days before anticipated use. Any objections will be provided by
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`no later than 7:00 pm Central Time one calendar day before anticipated use. The parties shall meet
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`and confer by 9:30 p.m. Central Time one calendar day before anticipated use. If the parties cannot
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`resolve objections, they will notify the Court by email by 10:30 p.m. on that same day providing
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`the Court with copies of the disputed demonstrative and requesting a hearing the following
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`morning before the presentation of evidence resumes.
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`viii.
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`[Samsung’s Proposal: Estimate of Finishing Presentation
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`By 7:00 p.m. Central before each day that a Party is presenting a case, its counsel shall
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`provide to the other Party an estimate of when it expects to finish its presentation of the evidence.
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`By 7:00 p.m. Central Time two calendar days before it intends to rest its case-in-chief, the resting
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`party shall give the other party notice of its intention to rest so that the parties have an opportunity
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`to comply with the other provisions of this Order]8 9
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`8 Samsung: Samsung asks that GTP indicate two calendar days before it intends to rest its case-
`in-chief so that Samsung may properly advise its out-of-town witnesses.
`9 GTP: GTP objects to this proposal. GTP believes this is duplicative of the sections above.
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`7
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