Case 2:22-cv-00468-JRG Document 22 Filed 01/05/23 Page 1 of 10 PageID #: 20
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`IN RE: TAASERA LICENSING LLC,
`PATENT LITIGATION
`
`THIS DOCUMENT RELATES TO ALL
`CASES
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`§
`§
`§
`§
`§
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`CIVIL ACTION NO. 2:22-MD-03042-JRG
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`THIRD AMENDED DOCKET CONTROL ORDER
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`On August 3, 2022, the United States Judicial Panel on Multidistrict Litigation (the
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`“Panel”) transferred the above-captioned action to this Court pursuant to 28 U.S.C. § 1407
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`for coordinated or consolidated pretrial proceedings. (Dkt. No. 1). Before the Court is the Joint
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`Motion for Entry of Amended Docket Control Order (the “Motion”). (Dkt. No. 72). The
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`Court finds that the Motion should be and hereby is GRANTED.
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`1.
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`Filings in the Master Docket by the Court.
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`Case No. 2:22-md-03042-JRG is the Master Docket, governing the consolidated actions
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`listed herein. Unless the Court directs otherwise, when a document is filed by the Court in
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`the Master Docket, it is deemed filed and docketed in each of the individual cases set forth
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`below:
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`• 2:21-cv-00441-JRG | Taasera Licensing LLC v. Trend Micro Incorporated
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`• 2:22-cv-00063-JRG | Taasera Licensing LLC v. Check Point Software Technologies Ltd.
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`• 2:22-cv-00303-JRG | Trend Micro, Inc. v. Taasera Licensing LLC
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`• 2:22-cv-00314-JRG | Palo Alto Networks, Inc. v. Taasera Licensing LLC et al.
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`• 2:22-cv-00415-JRG | Taasera Licensing LLC v. Fortinet, Inc.
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`• 2:22-cv-00427-JRG | Taasera Licensing LLC v. Musarubra US LLC, D/B/A Trellix
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`• 2:22-cv-00468-JRG | Taasera Licensing LLC v. CrowdStrike, Inc. et al.
`2.
`Filings in the Master Docket by the Parties.
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`All documents must be filed in the Master Docket, Case No. 2:22-md-03042-JRG.
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`Documents that pertain to only certain actions must also be filed in the individual cases to which
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`Case 2:22-cv-00468-JRG Document 22 Filed 01/05/23 Page 2 of 10 PageID #: 21
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`the document pertains. A document that applies to all actions shall be identified in the caption
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`by the notation, “THIS DOCUMENT RELATES TO ALL ACTIONS.” A document that
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`applies to only certain actions shall be identified in the caption by the notation, “THIS
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`DOCUMENT RELATES TO [CIVIL ACTION NO(S).].”
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`Judicial Panel on Multidistrict Litigation Rule 2.1(c): Admission to Practice
`3.
`before the Panel.
`An attorney who is not a member of the Eastern District of Texas but is admitted to
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`practice and in good standing in any U.S. District Court is admitted pro hac vice in this
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`litigation. The pro hac vice fee that applies to cases filed in this Court does not apply to this
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`litigation. The parties may obtain
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`local counsel but are not required
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`to do so.
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`4.
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`Receipt of Notices of Filings Made in the Master Docket.
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`Each case transferred by the Panel or filed in the Eastern District of Texas as a tag-along
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`action will be assigned a civil (“CV”) case number in this Court. The Clerk of the Court
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`will determine whether to add all parties/attorneys from each action to the MD case docket. To
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`receive notice of the administrative and case management orders entered in the MD case number,
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`attorneys should submit their request for filing privileges via PACER and ensure that their
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`account includes the MD case number in the list of cases for which the attorney will receive
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`Notices of Electronic Filing (“NEFs”).
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`Attorneys eligible to practice before the Panel who do not already have e-filing
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`privileges in this Court may submit their request as soon as they receive the NEF indicating that
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`the relevant case has been received from the transferor district. Please select “MDL”
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`when submitting the request via PACER, and if offered the opportunity, provide the case
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`number assigned in this district.
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`Case 2:22-cv-00468-JRG Document 22 Filed 01/05/23 Page 3 of 10 PageID #: 22
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`5.
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`Consolidation.
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`The civil actions governed by this Order are consolidated for pretrial purposes. Any related
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`or tag-along actions transferred to this Court or filed in this District will be automatically
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`consolidated with this action without the need for future motions or orders. To facilitate
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`consolidation, all parties to this multidistrict litigation (“MDL”) must notify the Panel of
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`any related or tag-along actions of which they are or become aware. See Rules of the Judicial
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`Panel on Multidistrict Litigation, Rules 7.1, 7.2.
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`6.
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`Filing.
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`Each attorney of record must become an Eastern District of Texas ECF user with a user ID
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`and password. If counsel has not already done so, counsel must register immediately and be issued
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`a user ID and password. Forms and instructions can be found on the Court’s website at
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`https://www.txed.uscourts.gov/?q=multidistrict-litigation-mdl-cases.
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`7.
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`Appearances.
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`All participation by counsel shall be in person unless an alternative is approved in advance
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`by the Court.
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`8.
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`Pending Motions.
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`All pending motions must be renoticed once the Court sets a schedule for such motions.
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`9.
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`Scheduling Conference.
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`Any prior docket control, discovery, or protective order entered in any individual case will
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`be superseded by an MDL docket control, discovery, and protective order entered herein. The
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`parties should meet and confer and submit jointly proposed orders of this type for the Court’s
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`consideration. Any area within such jointly submitted proposed orders where the parties disagree
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`Case 2:22-cv-00468-JRG Document 22 Filed 01/05/23 Page 4 of 10 PageID #: 23
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`should contain each disparate proposal identifying which party (or parties) suggest each different
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`matter after which the Court will consider the same and enter an appropriate order.
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`It is hereby ORDERED that the following schedule of deadlines is in effect until
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`further order of this Court:
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`Current Deadline Amended Deadline Event
`*Jury Selection – 9:00 a.m. in Marshall, Texas1
`February 5, 2024
`
`7 days before Jury
`Selection
`
`10 days before
`Jury Selection
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`January 17, 2024
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`January 2, 2024
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`*Defendant to disclose final invalidity theories,
`final prior art references/combinations, and final
`equitable defenses.2
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`*Plaintiff to disclose final election of Asserted
`Claims.3
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`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
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`*If a juror questionnaire is to be used, an editable
`(in Microsoft Word format) questionnaire shall be
`jointly submitted to the Deputy Clerk in Charge by
`this date.4
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`1 This date applies to only cases originally filed in the Eastern District of Texas.
`2 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days before
`Jury Selection,” and shall not include a specific date.
`3 Given the Court’s past experiences with litigants dropping claims and defenses during or on the
`eve of trial, the Court is of the opinion that these additional deadlines are necessary. The proposed
`DCO shall include this specific deadline. The deadline shall read, “10 days before Jury Selection,”
`and shall not include a specific date.
`4 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
`Advance of Voir Dire. This applies to only cases originally filed in the Eastern District of Texas.
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`Current Deadline Amended Deadline Event
`January 2, 2024
`*Notify Court of Agreements Reached During
`Meet and Confer
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`January 2, 2024
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`January 2, 2024
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`December 18,
`2023
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`December 18,
`2023
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`December 11,
`2023
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`November 27,
`2023
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`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.
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`*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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`*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.
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`File Motions in Limine
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`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.
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`Serve Objections to Rebuttal Pretrial Disclosures
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`Serve Objections to Pretrial Disclosures; and Serve
`Rebuttal Pretrial Disclosures
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`Serve Pretrial Disclosures (Witness List,
`Deposition Designations, and Exhibit List) by the
`Party with the Burden of Proof
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`Current Deadline Amended Deadline Event
`November 13,
`*Response to Dispositive Motions (including
`2023
`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.5 Motions for Summary Judgment
`shall comply with Local Rule CV-56.
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`October 30, 2023
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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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`October 30, 2023
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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.
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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
`agreement among the parties.
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`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert Witnesses
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`Deadline to File Motions to Compel Discovery
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`Serve Disclosures for Expert Witnesses by the Party
`with the Burden of Proof
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`October 23, 2023
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`October 10, 2023
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`September 18,
`2023
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`September 18,
`2023
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`5 The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to
`oppose a motion in the manner prescribed 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 Motions controls.
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`Current Deadline Amended Deadline Event
`September 11,
`2023
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`Deadline to Complete Fact Discovery
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`September 6, 2023
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`August 16, 2023
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`August 2, 2023
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`July 26, 2023
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`July 19, 2023
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`July 5, 2023
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`July 5, 2023
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`June 21, 2023
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`June 14, 2023
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`May 31, 2023
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`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
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`*Claim Construction Hearing – 9:00 a.m. in
`Marshall, Texas before Judge Rodney Gilstrap
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`*Comply with P.R. 4-5(d) (Joint Claim
`Construction Chart)
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`*Comply with P.R. 4-5(c) (Reply Claim
`Construction Brief)
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`Comply with P.R. 4-5(b) (Responsive Claim
`Construction Brief)
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`Comply with P.R. 4-5(a) (Opening Claim
`Construction Brief) and Submit Technical Tutorials
`(if any)
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`Good cause must be shown to submit technical
`tutorials after the deadline to comply with P.R. 4-
`5(a).
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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 not wait until the substantial
`completion deadline.
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`Comply with P.R. 4-4 (Deadline to Complete
`Claim Construction Discovery)
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`File Response to Amended Pleadings
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`*File Amended Pleadings
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`It is not necessary to seek leave of Court to amend
`pleadings prior to this deadline unless the
`amendment seeks to assert additional patents.
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`Current Deadline Amended Deadline Event
`May 24, 2023
`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
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`May 3, 2023
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`April 12, 2023
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`April 17, 2023
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`February 28, 2023 March 28, 2023
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`Comply with P.R. 4-2 (Exchange Preliminary
`Claim Constructions)
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`Comply with P.R. 4-1 (Exchange Proposed Claim
`Terms)
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`Comply with Standing Order Regarding Subject-
`Matter Eligibility Contentions6
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`February 28, 2023 March 28, 2023
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`Comply with P.R. 3-3 & 3-4 (Invalidity
`Contentions)
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`February 7, 2023
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`*File Proposed Protective Order and Comply with
`Paragraphs 1 & 3 of the Discovery Order (Initial
`and Additional Disclosures)
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`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.
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`January 31, 2023
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`*File Proposed Discovery Order
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`The Proposed Discovery Order shall be filed as
`separate motions with the caption indicating
`whether or not the proposed order is opposed in
`any part.
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`January 24, 2023
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`Join Additional Parties
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`January 3, 2023
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`January 17, 2023
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`Comply with P.R. 3-1 & 3-2 (Infringement
`Contentions)
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`6_http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20
`Re%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-
`YU5P]
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`(*) indicates a deadline that cannot be changed without an acceptable showing of good
`cause. Good cause is 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
`ORDERS the 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 days after 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 than the dispositive motion deadline.
`
`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.
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`Le Cad ounsel: The parties are directed to Local Rule CV-11(a)(1), which provides that
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`“[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
`changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from the Court
`an Order granting leave to designate different lead counsel. The true lead counsel should be
`designated early and should not expect to parachute in as lead once the case has been largely
`developed.
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`Motions for Continuance: The following 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;
`
`(b)
`
`(c)
`
`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;
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`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.
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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 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’).”
`
`Joint Pretrial Order: In the contentions of the 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 which subsections of
`35 U.S.C. § 271 it alleges infringement, and whether the Plaintiff alleges divided infringement or
`infringement under the doctrine of equivalents. Each Defendant shall 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 Defendant shall also specify
`each prior art reference or combination of references upon which the Defendant shall rely at trial,
`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.
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`Trial: All parties must appear in person at trial. All non-individual (including but not
`limited to corporate) parties must appear at trial through the presence in person of a designated
`representative. Once they have appeared, any representative of a non-individual party shall not be
`replaced or substituted without express leave of Court.
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`.
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`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 5th day of January, 2023.
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