Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 1 of 7 PageID #: 507
`Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 1of 7 PagelD #: 507
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`EXHIBIT 1
`EXHIBIT 1
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`

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`Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 2 of 7 PagelD #: 508
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:22-CV-0134-JRG-RSP
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`§ § §
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`§
`§
`§
`§
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`ADVANCED MICRO DEVICES, INC., ET
`AL.
`
`V.
`
`TCL INDUSTRIES HOLDINGS CO.,LTD.,
`ET AL.,
`
`SAMPLE DOCKET CONTROL ORDER FOR PATENT CASES
`ASSIGNED TO JUDGE RODNEY GILSTRAP AND JUDGE ROY PAYNE
`
`In accordance withthe 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:
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`
`*Jury Selection — 9:00 a.m. in Marshall, Texas
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`November6, 2023
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`
`
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` December4, 2023
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`* [fa juror questionnaire is to be used, an editable (in Microsoft Word
`format) questionnaire shall be jointly submitted to the Deputy Clerk
`
`in Chargeby this date.!
`
`
`October 31, 2023
`*Pretrial Conference — 9:00 a.m. in Marshall, Texas before Judge
`Roy Payne
`
`
`October 23, 2023
`*Notify Court of Agreements Reached During Meet and Confer
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`The parties are ordered to meet and confer on any outstanding
`objections or motionsin limine. The parties shall advise the Court of
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`any agreements reached no later than 1:00 p.m. three (3) business
`
`
`days before the pretrial conference.
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`
`
`
`
`October 23, 2023
`*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
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`
`
`
`
`' The Parties are referred to the Court’s Standing Order Regarding Use ofJuror Questionnaires in
`Advanceof Voir Dire.
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`

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`Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 3 of 7 PagelD #: 509
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`
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`October 16, 2023
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`*File Notice of Request for Daily Transcript or Real Time Reporting.
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`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, Shawn
`McRoberts, at shawn_mcroberts@txed.uscourts.gov.
`
`October 10, 2023
`
`File Motions in Limine
`
`if
`their motions in limine to issues that
`limit
`The parties shall
`improperly introducedat trial would be so prejudicial that the Court
`could notalleviate the prejudice by giving appropriate instructions to
`the jury.
`
`
`October10,2023.
`| ServeObjections to RebuttalPretrialDisclosures
`
`
`Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
`Disclosures
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` Serve Pretrial Disclosures (Witness List, Deposition Designations,
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`
`
`
`
`
`
`
`
`
`
`I October 2, 2023
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`
`
`
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`September 18, 2023
`and Exhibit List) by the Party with the Burden ofProof
`
`
`September 11, 2023
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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.* Motions for Summary
`Judgment shall comply with Local Rule CV-56.
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`August 28, 2023
`
`*File Motions to Strike Expert Testimony (including Daubert
`Motions)
`
`No motion to strike expert testimony (including a Daubert motion)
`may befiled after this date without leave of the Court.
`
`
`
`
`
`? The parties are directed to Local Rule CV-7(d), which providesin part that “[a] party’s failure to
`oppose a motion in the mannerprescribed herein creates a presumption that the party does not
`controvert the facts set out by movant and has no evidence to offer in opposition to the motion.”
`If the deadline under Local Rule CV 7(e) exceeds the deadline for Response to Dispositive
`Motions, the deadline for Response to Dispositive Motionscontrols.
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`

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`Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 4 of 7 PagelD #: 510
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`
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`August 28, 2023
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`Nodispositive motion maybefiled after this date without leave of
`the Court.
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`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
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`August 21, 2023
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`Deadline to Complete Expert Discovery
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`August 7, 2023
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`Serve Disclosures for Rebuttal Expert Witnesses
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`
`
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`*File Dispositive Motions
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`agreement amongtheparties.
`the substantial completion deadline.
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`| Deadline to Complete Fact Discovery and File Motions to Compel|
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`July 17, 2023
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`Discovery
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`July 17, 2023
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`Serve Disclosures for Expert Witnesses by the Party with the Burden
`of Proof
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`July 5, 2023
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`Comply with P.R. 3-7 (Opinion of Counsel Defenses)
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`June 13, 2023
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`*Claim Construction Hearing — 9:00 a.m. in Marshall, Texas before
`Judge Roy Payne
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`May 30, 2023
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`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`May 23, 2023
`
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`May 16, 2023
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`Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)
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`May 2, 2023
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`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).
`
`May2, 20 i) Go
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`Deadline to Substantially Complete Document Production and
`Exchange Privilege Logs
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`Counsel are expected to make good faith efforts to produce all
`required documents as soon as they are available and notwait until
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`April 18, 2023
`
`Comply with P.R. 4-4 (Deadline to Complete Claim Construction
`Discovery)
`|
`
`
`

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`Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 5of 7 PagelD #: 511
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`
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`March 21, 2023 Comply with P.R. 4-3 (Joint Claim Construction Statement)
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`
`
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`April 11, 2023
`File Response to Amended Pleadings
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` March 28, 2023
`*File Amended Pleadings
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`It is not necessary to seek leave of Court to amend pleadingsprior to
`this deadline unless the amendmentseeks to assert additional patents.
`
`
`February 28, 2023
`Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)
`
`
`February 7, 2023
`Comply with P.R. 4-1 (Exchange Proposed Claim Terms)
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`
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` August 30, 2022
`Comply with Standing Order Regarding Subject-Matter Eligibility
`Contentions’
`
`
`
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`August 30, 2022
`Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
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`August 9, 2022
`
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`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
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`
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`August 2, 2022
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`*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
`opposedin any part.
`
`*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 opposedin any part.
`
`
`
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`July 26, 2022 Join Additional Parties
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`July 5, 2022
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`(*) indicates a deadline that cannot be changed without showing good cause. Good causeis
`not shown merely by indicating that the parties agree that the deadline should be changed.
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`ADDITIONAL REQUIREMENTS
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`Mediation: While certain cases may benefit from mediation, such may not be appropriate
`for every case. The Court finds that the Parties are best suited to evaluate whether mediation will
`benefit the case after the issuance of the Court’s claim construction order. Accordingly, the Court
`
`> http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%200rder%20
`Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf
`[https://perma.cc/RQN2-
`YUSP]
`
`

`

`Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 6 of 7 PagelD #: 512
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`ORDERSthe Parties to file a Joint Notice indicating whether the case should be referred for
`mediation within fourteen days of the issuance of the Court’s claim construction order. As a
`part of such Joint Notice, the Parties should indicate whether they have a mutually agreeable
`mediator for the Court to consider. If the Parties disagree about whether mediation is appropriate,
`the Parties should set forth a brief statement of their competing positions in the Joint Notice.
`
`Summary Judgment Motions, Motions to Strike Expert Testimony, and Daubert
`Motions: For each motion, the moving party shall provide the Court with two (2) hard copies of
`the completed briefing (opening motion, response, reply, and if applicable, sur-reply), excluding
`exhibits, in D-three-ring binders, appropriately tabbed. All documents shall be single-sided and
`must include the CM/ECF header. These copies shall be delivered to the Court within three (3)
`business daysafter briefing has completed. For expert-related motions, complete digital copies of
`the relevant expert report(s) and accompanying exhibits shall be submitted on a single flash drive
`to the Court. Complete digital copies of the expert report(s) shall be delivered to the Court no later
`thanthedispositive motion deadline.
`
`In lieu of early motions for summary judgment,the parties are directed to
`Indefiniteness:
`include any arguments related to the issue of indefiniteness in their Markmanbriefing, subject to
`the local rules’ normal pagelimits.
`
`Lead Counsel: The Parties are directed to Local Rule CV-11(a)(1), which provides that
`“[o|n the first appearance through counsel, each party shall designate a lead attorney on the
`pleadings or otherwise.” Additionally, once designated, a party’s lead attorney may only be
`changedbythefiling of a Motion to Change Lead Counsel and thereafter obtaining from the Court
`an Order granting leave to designate different lead counsel.
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`Motions for Continuance: The following excuses will not warrant a continuance nor
`justify a failure to comply with the discovery deadline:
`
`(a)
`
`(b)
`
`(c)
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`The fact that there are motions for summary judgment or motions to dismiss pending;
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`The fact that one or more of the attorneys is set fortrial in another court on the same day,
`unless the other setting was madeprior to the date of this order or was madeasa special
`provision for the parties in the other case;
`
`The failure to complete discovery priorto trial, unless the parties can demonstrate thatit
`was impossible to complete discovery despite their good faith effort to do so.
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`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 orderthat 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 orindicate 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 needingto also referto an earlier
`version of the DCO.
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`

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`Case 2:22-cv-00134-JRG-RSP Document 43-2 Filed 08/05/22 Page 7 of 7 PagelD #: 513
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`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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`Joint Pretrial Order: [n the contentions ofthe Parties included in the Joint Pretrial Order,
`the Plaintiff shall specify all allegedly infringed claims that will be asserted at trial. The Plaintiff
`shall also specify the nature of each theory of infringement, including under whichsubsections of
`35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringementor
`infringement under the doctrine of equivalents. Each Defendantshall indicate the nature of each
`theory of invalidity, including invalidity for anticipation, obviousness, subject-matter eligibility,
`written description, enablement, or any other basis for invalidity. The Defendantshall also specify
`eachprior art reference or combination of references upon which the Defendantshallrely attrial,
`with respect to each theory of invalidity. The contentions of the Parties may not be amended,
`supplemented, or dropped without leave of the Court based upon a showing of good cause.
`
`