Case 2:24-cv-00353-JRG Document 46 Filed 12/06/24 Page 1 of 7 PageID #: 827
`
`ADVANCED CODING TECHNOLOGIES
`LLC,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`v.
`
`GOOGLE LLC,
`
`Case No. 2:24-cv-00353
`
`Plaintiff,
`
`Defendant.
`
`THIRD AMENDED DOCKET CONTROL ORDER
`
`It is hereby ORDERED that the following schedule of deadlines is in effect until further
`
`order of this Court:
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`Original Date
`
`Amended Date
`
`Event
`
`March 2, 2026
`
`7 days before Jury
`Selection
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`10 days before Jury
`Selection
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`*Jury Selection – 9:00 a.m. in Marshall, Texas
`
`*Defendant to disclose final invalidity theories,
`final prior art references/combinations, and final
`equitable defenses with notice of the same filed
`with the Court. 1
`
`*Plaintiff to disclose final election of Asserted
`Claims with notice of the same filed with the
`Court.2
`
`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.
`
`

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`Case 2:24-cv-00353-JRG Document 46 Filed 12/06/24 Page 2 of 7 PageID #: 828
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`
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`Original Date
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`Amended Date
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`Event
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`February 2, 2026
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`January 26, 2026
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`January 20, 2026
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`January 20, 2026
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`January 12, 2026
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`January 6, 2026
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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.3
`
`*Pretrial Conference – 9:00 a.m. in Marshall,
`Texas before Judge Rodney Gilstrap
`
`*Notify Court of Agreements Reached During
`Meet and Confer
`
`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
`
`*File Notice of Request for Daily Transcript or
`Real Time Reporting.
`
`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.
`
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`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-00353-JRG Document 46 Filed 12/06/24 Page 3 of 7 PageID #: 829
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`
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`Original Date
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`Amended Date
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`Event
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`January 6, 2026
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`December 30, 2025
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`December 16, 2025
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`December 8, 2025
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`November 24, 2025
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`November 24, 2025
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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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`*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.4 Motions for
`Summary Judgment shall comply with Local
`Rule CV-56.
`
`*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.
`
`*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.
`
`
`4 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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`Case 2:24-cv-00353-JRG Document 46 Filed 12/06/24 Page 4 of 7 PageID #: 830
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`Original Date
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`Amended Date
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`Event
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`November 18, 2025
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`November 4, 2025
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`October 14, 2025
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`October 7, 2025
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`October 7, 2025
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`September 16,
`2025
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`September 2, 2025
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`August 26, 2025
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`August 19, 2025
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`August 5, 2025
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`August 5, 2025
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`July 22, 2025
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`July 15, 2025
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`Deadline to Complete Expert Discovery
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`Serve Disclosures for Rebuttal Expert Witnesses
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`Serve Disclosures for Expert Witnesses by the
`Party with the Burden of Proof
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`Deadline to Complete Fact Discovery and File
`Motions to Compel Discovery
`
`Comply with P.R. 3-7 (Opinion of Counsel
`Defenses)
`
`*Claim Construction Hearing – 9:00 a.m. in
`Marshall, Texas before Judge Rodney Gilstrap
`
`*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).
`
`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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`

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`Case 2:24-cv-00353-JRG Document 46 Filed 12/06/24 Page 5 of 7 PageID #: 831
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`
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`Original Date
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`Amended Date
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`Event
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`July 1, 2025
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`June 24, 2025
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`June 3, 2025
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`May 13, 2025
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`December 12, 2024
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`January 23, 2025
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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.
`
`Comply with P.R. 4-3 (Joint Claim Construction
`Statement)
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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 Contentions,5 P.R. 3-3
`and 3-4 (Invalidity Contentions and
`Accompanying Document Production) for all
`Asserted Patents.
`
`
`
`December 20, 2024 Deadline to Supplement Infringement
`Contentions with Additional Publicly Available
`AV1 Encoder / Decoder Source Code6
`
`
`
`December 6, 2024
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`Deadline to Supplement Infringement
`Contentions with Further Clarification
`Regarding Indirect Infringement, Claim
`Limitations Governed by 35 U.S.C. § 112(6),
`and Accused Products7
`(*) 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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`
`
`
`5
`http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re
`%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-YU5P]
`6 This deadline is without prejudice to Google’s ability to raise any issues with ACT’s
`supplemental infringement contentions, including if ACT’s supplemental infringement
`contentions go beyond the agreed-upon scope of the supplemental infringement contentions.
`7 This deadline is without prejudice to Google’s ability to raise any issues with ACT’s
`supplemental infringement contentions, including if ACT’s supplemental infringement
`contentions go beyond the agreed-upon scope of the supplemental infringement contentions.
`
`

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`Case 2:24-cv-00353-JRG Document 46 Filed 12/06/24 Page 6 of 7 PageID #: 832
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`
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`1.
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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.
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`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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`Lead Counsel: 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:
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`The fact that there are motions for summary judgment or motions to dismiss pending;
`
`(a)
`
`(b)
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`(c)
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`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
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`

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`Case 2:24-cv-00353-JRG Document 46 Filed 12/06/24 Page 7 of 7 PageID #: 833
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`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.
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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: 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. Other than as set forth in the above deadlines, 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.
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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
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`So ORDERED and SIGNED this 5th day of December, 2024.
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`