Case 2:24-cv-00162-JRG-RSP Document 28 Filed 06/21/24 Page 1 of 7 PageID #:
`191
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`BYTEWEAVR, LLC,
`
`Plaintiff,
`
`v.
`
`DATABRICKS, INC.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`CASE NO. 2-24-cv-00162-JRG-RSP
`
`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:
`
`Current Date Amended
`Date
`
`Event
`
`November 17,
`2025
`
`7 days before
`Jury Selection
`
`10 days before
`Jury Selection
`
`October 20,
`2025
`
`October 14,
`2025
`
`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`*Defendant to disclose final invalidity theories, final prior art
`references/combinations, and final equitable defenses.11
`
`*Plaintiff to disclose final election of Asserted Claims.22
`
`* 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.33
`
`*Pretrial Conference – 9:00 a.m. in Marshall, Texas before
`Judge Roy Payne
`
`1 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days before Jury Selection,”
`and shall not include a specific date.
`2 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.
`3 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir
`Dire.
`
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`

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`Case 2:24-cv-00162-JRG-RSP Document 28 Filed 06/21/24 Page 2 of 7 PageID #:
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`October 6,
`2025
`
`*Notify Court of Agreements Reached During Meet and
`Confer
`
`October 6,
`2025
`
`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
`
`September 29,
`2025
`
`*File Notice of Request for Daily Transcript or Real Time
`Reporting.
`
`September 22,
`2025
`
`September 22,
`2025
`
`September 15,
`2025
`
`September 2,
`2025
`
`August 11,
`2025
`
`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.
`
`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.
`
`Serve Objections to Rebuttal Pretrial Disclosures
`
`Serve Objections to Pretrial Disclosures; and Serve Rebuttal
`Pretrial Disclosures
`
`(Witness List, Deposition
`Serve Pretrial Disclosures
`Designations, and Exhibit List) by the Party with the Burden
`of Proof
`
`*File Motions to Strike Expert Testimony (including Daubert
`Motions)
`
`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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`Case 2:24-cv-00162-JRG-RSP Document 28 Filed 06/21/24 Page 3 of 7 PageID #:
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`August 11,
`20254
`
`*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 4, 2025 July 7, 2025
`
`Deadline to Complete Expert Discovery
`
`July 21, 2025
`
`June 20, 2025 Serve Disclosures for Rebuttal Expert Witnesses
`
`June 30, 2025 May 30, 2025 Deadline to Complete Fact Discovery and File Motions to
`Compel Discovery
`
`June 30, 2025 May 30, 2025 Serve Disclosures for Expert Witnesses by the Party with the
`Burden of Proof
`
`June 13, 2025 May 30, 2025 Comply with P.R. 3-7 (Opinion of Counsel Defenses)
`
`May 23, 2025
`
`May 9, 2025
`
`May 2, 2025
`
`April 25, 2025
`
`April 11, 2025
`
`*Claim Construction Hearing – 9:00 a.m. in Marshall, Texas
`before Judge Roy Payne
`
`*Comply with P.R. 4-5(d) (Joint Claim Construction Chart)
`
`*Comply with P.R. 4-5(c) (Reply Claim Construction Brief)
`
`Comply with P.R. 4-5(b) (Responsive Claim Construction
`Brief)
`
`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).
`
`4 Databricks’ request to amend the date to file dispositive motions is DENIED WITHOUT PREJUDICE should
`the identified conflict still exist as the parties approach this deadline, Databricks may move for modification then.
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`

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`Case 2:24-cv-00162-JRG-RSP Document 28 Filed 06/21/24 Page 4 of 7 PageID #:
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`April 11, 2025
`
`March 28,
`2025
`
`March 21,
`2025
`
`Deadline to Substantially Complete Document 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)
`
`File Response to Amended Pleadings
`
`March 7, 2025
`
`*File Amended Pleadings
`
`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)
`
`July 31, 2024 Comply with Standing Order Regarding Subject-Matter
`Eligibility Contentions65
`
`February 28,
`2025
`
`February 7,
`2025
`
`January 17,
`2025
`
`July 10, 2024
`
`July 10, 2024
`
`July 31, 2024 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)
`
`June 19, 2024
`
`June 27,
`20247
`
`*File Proposed Protective Order
`
`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.
`
`June 19, 2024
`
`June 20,
`20248
`
`*Comply with Paragraphs 1 & 3 of the Discovery Order
`(Initial and Additional Disclosures)
`
`5http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re%20Subject%20M
`atter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-YU5P]
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`June 12, 2024
`
`*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.
`
`June 5, 2024
`
`July 26, 2024
`
`Join Additional Parties
`
`Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
`May 15, 2024
`(*) 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.
`
`ADDITIONAL
`REQUIREMENTS
`
`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.
`
`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 changed by the filing of a Motion to Change Lead Counsel and thereafter obtaining from
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`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.
`
`Motions for Continuance: The following 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 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. The Parties in a
`case which has been consolidated for pre-trial purposes and which is moving towards a
`separate trial on the merits (subsequent to pre-trial) shall file, as an exhibit to the parties’
`Joint Pretrial Order, a list identifying all docket entries from the lead case that relate to the
`applicable member case.
`
`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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