Case 2:21-cv-00186-JRG-RSP Document 167 Filed 09/02/22 Page 1 of 5 PageID #: 9642
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`JAWBONE INNOVATIONS, LLC,
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`Plaintiff,
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`v.
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`NO. 2:21-CV-0186-JRG-RSP
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`SAMSUNG ELECTRONICS CO., LTD., ET AL.
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`Defendants.
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`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
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`
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`Plaintiff Jawbone Innovations, LLC and Defendants Samsung Electronics Co., Ltd. and
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`Samsung Electronics America, Inc. (collectively, “Parties”) jointly and respectfully request that
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`the Court amend its Second Amended Docket Control Order (Dkt. 58) as reflected below and in
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`the Third Amended Docket Control Order attached hereto.
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`Current
`Deadline
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`Amended
`Deadline
`
`Event
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`*Response to Dispositive Motions (including Daubert
`Motions). Responses to dispositive motions that were filed
`prior to the dispositive motion deadline, including Daubert
`Motions, shall be due in accordance with Local Rule CV-
`7(e), not to exceed the deadline as set forth in this Docket
`Control Order.1 Motions for Summary Judgment shall
`comply with Local Rule CV-56.
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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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`November 14,
`2022
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`November
`21, 2022
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`October 31,
`2022
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`November 7,
`2022
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`1
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`

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`Case 2:21-cv-00186-JRG-RSP Document 167 Filed 09/02/22 Page 2 of 5 PageID #: 9643
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`Current
`Deadline
`
`Amended
`Deadline
`
`Event
`
`October 31,
`2022
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`November 7,
`2022
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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.
`
`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.
`
`October 24,
`2022
`
`October 27,
`2022
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`October 11,
`2022
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`October 18,
`2022
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`
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`
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`Deadline to Complete Expert Discovery on Invalidity
`Issues
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`Serve Disclosures for Rebuttal Expert Witnesses
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`September 12,
`2022
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`September
`19, 2022
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`Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
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`September 5,
`2022
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`
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`No change
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`Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
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`In addition to these proposed amended deadlines, the parties seek the court’s permission to
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`take the following depositions after the close of fact discovery.
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`• Dr. Gregory Burnett (named inventor on all asserted patents and Rule 30(b)(6)
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`witness for Plaintiff), originally scheduled for August 31 and September 1, but
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`delayed to September 7 and 8 because of Covid cases within Plaintiff’s counsel’s
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`team.
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`• Daniel Setton (Rule 30(b)(6) witness for Plaintiff), originally scheduled for
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`September 1, but delayed to September 7 and 8 (second day on behalf of Lionel
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`Capital) based on witness availability.
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`2
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`Case 2:21-cv-00186-JRG-RSP Document 167 Filed 09/02/22 Page 3 of 5 PageID #: 9644
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`• Aliph Brands, JI Audio Holdings and JAWB Acquisition, third parties represented
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`by Plaintiff’s counsel for which Defendants issued subpoenas on July 29. Daniel
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`Setton was originally scheduled to testify on behalf of these entities. However,
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`Plaintiff’s counsel informed Defendants on September 1 that Sason Gabay will
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`instead testify on behalf of these entities. The Parties are conferring regarding the
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`scheduling of these depositions.
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`• Rachel Hager (Rule 30(b)(6) witness for Samsung Electronics America, Inc.,
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`scheduled for September 9 based on witness availability.
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`• York Eggleston (Rule 30(b)(6) witness for Plaintiff), originally scheduled for
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`August 25, but delayed to September 13 and 14 because of Covid cases.
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`• Houlihan Lokey, third party subpoenaed by defendants on August 12. Plaintiff’s
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`counsel first appeared on behalf of Houlihan Lokey on August 29. The Parties are
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`conferring regarding the scheduling of this deposition.
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`The Parties also seek the Court’s permission to conduct review of source code from third-
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`parties Shenzhen Goodix Technology Co, Ltd., Goodix Technology Inc., and Fortemedia, Inc.
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`after the close of fact discovery.
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`In the Third Amended Docket Control Order, the parties propose brief extensions to the
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`deadlines for expert discovery, dispositive motions, and motions to strike expert testimony. Good
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`cause exists for these extensions because certain key fact depositions have been rescheduled due
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`to Covid cases. For example, Dr. Burnett’s deposition was scheduled to take place prior to the
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`close of fact discovery, but had to be rescheduled because of Covid cases among Plaintiff’s
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`counsel. In addition to being a named inventor on all six asserted patents, Plaintiff has designated
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`Dr. Burnett for twenty-two Rule 30(b)(6) topics. As an additional example, Mr. Eggleston’s
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`3
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`Case 2:21-cv-00186-JRG-RSP Document 167 Filed 09/02/22 Page 4 of 5 PageID #: 9645
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`deposition2 was originally scheduled to take place prior to the close of fact discovery, but had to
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`be rescheduled because of Covid cases. Mr. Eggleston is designated on sixty-one Rule 30(b)(6)
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`topics.
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`As shown in the proposed Third Amended Docket Control Order, the parties do not propose
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`changes to any dates after the date for responses to dispositive motions, and the requested relief
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`does not impact the currently-scheduled trial date in this matter.
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`
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`Dated: September 2, 2022
`
` /s/ _Alfred R. Fabricant____________
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Richard M. Cowell
`NY Bar No. 4617759
`Email: rcowell@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
` Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
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`2 On August 30, 2022, Magistrate Judge Payne issued an order granting in part defendants’ motion to compel, which
`permits a second day of deposition for Mr. Eggleston.
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`Respectfully submitted,
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`/s/ Jin-Suk Park
`Jin-Suk Park
`jin.park@arnoldporter.com
`Paul Margulies
`paul.margulies@arnoldporter.com
`ARNOLD & PORTER KAYE SCHOLER
`LLP
`601 Massachusetts Ave., NW
`Washington, DC 20001-3743
`Telephone: (202) 942-5000
`Facsimile: (202) 942-5555
`
`Patrick C. Reidy
`patrick.reidy@arnoldporter.com
`ARNOLD & PORTER KAYE SCHOLER
`LLP
`70 West Madison Street, Suite 4200
`Chicago, IL 60602
`Telephone: (312) 583-2424
`Facsimile: (312) 583-2360
`
`
`Ryan M. Nishimoto
`ryan.nishimoto@arnoldporter.com
`Daniel S. Shimell
`daniel.shimell@arnoldporter.com
`ARNOLD & PORTER KAYE SCHOLER
`LLP
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`4
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`Case 2:21-cv-00186-JRG-RSP Document 167 Filed 09/02/22 Page 5 of 5 PageID #: 9646
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`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
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`ATTORNEYS FOR PLAINTIFF
`JAWBONE INNOVATIONS, LLC
`
`
`777 South Figueroa Street, 44th Floor
`Los Angeles, CA 90017
`Telephone: (213) 243-4000
`Facsimile: (213) 243-4199
`
`-and-
`
`Melissa Smith
`melissa@gillamsmithlaw.com
`GILLAM & SMITH LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Samsung Electronics Co., Ltd. and
`Samsung Electronics America, Inc.
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing documents was filed electronically in
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`compliance with Local Rule CV-5(a). As such, this document was served on all counsel who has
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`consented to electronic service, on this 2nd day of September 2022.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`CERTIFICATE OF CONFERENCE
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`I hereby certify that counsel for Plaintiff and counsel for Defendants have complied with
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`Local Rule CV-7(h) by conferring, and all parties agree to filing this as a joint motion.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`5
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