Case 5:19-cv-00036-RWS Document 622 Filed 02/05/21 Page 1 of 7 PageID #: 31980
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`v.
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`APPLE INC.,
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`Plaintiff,
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`Defendant.
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`Case No. 5:19-cv-0036-RWS
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`JURY TRIAL DEMANDED
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`JOINT MOTION TO PARTIALLY AMEND DOCKET CONTROL ORDER
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`Plaintiff Maxell, Ltd. and Defendant Apple Inc. (collectively the “Parties”) hereby jointly
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`move to amend the current Docket Control Order (Dkt. No. 606) in the above-captioned matter
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`with respect to the timing of certain pre-trial exchanges and filings only.
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`Certain of the pre-trial exchange and filing deadlines in the current Docket Control Order
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`were set based on an expectation that the parties would complete their identification of narrowed
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`issues for trial in accordance with the framework ordered by the Court by January 28, 2021.1
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`Dkt. No. 606. However, following issuance of the Court’s Order regarding narrowing of issues
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`for trial on January 27, 2021 (Dkt. No. 619), the Parties determined that additional time was
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`needed to complete their identification of narrowed issues for trial. Specifically, the Parties
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`agreed that Maxell would narrow its asserted patents and claims for trial by February 2 and that
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`Apple would identify preliminary representative products and narrow its prior art election for
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`trial by February 2 and February 8, respectively. The slight change of the schedule with respect
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`to narrowing necessitates that some additional deadlines flowing therefrom, primarily the
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`deadline for exchange of narrowed pretrial disclosures and objections thereto, be adjusted
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`1 The Docket Control Order at Dkt. No. 606 inadvertently referenced deadlines for this calendar year as occurring in
`2020 instead of 2021. That error is corrected in this filing and the attached Proposed Order.
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`

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`Case 5:19-cv-00036-RWS Document 622 Filed 02/05/21 Page 2 of 7 PageID #: 31981
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`slightly as well, as set forth below.
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`The Parties also believe that the addition of several new deadlines is warranted.
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`Specifically, the Parties propose adding deadlines for filing a representative product stipulation
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`and a notice of compliance with the Dkt. No. 619. The Parties also propose adding deadlines for
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`the exchange of drafts of the Amended Joint Final Pretrial Order, Amended Joint Proposed Jury
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`Instructions, and Amended Form of the Verdict for jury trials, which will facilitate the
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`finalization of those papers for filing by the currently set date.
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`The newly proposed dates do not impact the dates currently set for the filing of the
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`Pretrial Objections, Amended Joint Final Pretrial Order, Amended Joint Proposed Jury
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`Instructions with citation to authority and Amended Form of the Verdict for jury trials. They also
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`do not impact the date currently set for Jury Selection and Jury Trial.
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`A table presenting the current deadlines and proposed amendments is set forth below:
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`Original Date
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`3 DAYS after
`conclusion of Trial
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`March 22, 2021
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`Court designated date –
`not flexible without good
`cause - Motion Required
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`March 22, 2021
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`Court designated date –
`not flexible without good
`cause - Motion Required
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`Proposed
`Amended Date
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`Event
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`Parties to file Motion to Seal Trial Exhibits, if they
`wish to seal any highly confidential exhibits.
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`EXHIBITS: See Order Regarding Exhibits below.
`9:00 a.m. JURY TRIAL before Judge Robert W.
`Schroeder III, Texarkana, Texas.
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`For planning purposes, parties shall be prepared to
`start the evidentiary phase of trial immediately
`following jury selection.
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`9:00 a.m. JURY SELECTION before Judge
`Robert W. Schroeder III, Texarkana, Texas.
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`2
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`

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`Case 5:19-cv-00036-RWS Document 622 Filed 02/05/21 Page 3 of 7 PageID #: 31982
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`To Be Determined
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`Court designated date –
`not flexible without good
`cause - Motion Required
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`March 4, 2021
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`[2.5 weeks before
`trial]
`March 1, 2021
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`[3 weeks before trial]
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`March 1, 2021
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`[3 weeks before trial]
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`PRETRIAL CONFERENCE before Judge
`Robert W. Schroeder III, Texarkana, Texas. (if
`necessary)
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`Discuss trial logistics and voir dire procedure.
`Resolve any pending motions or objections.
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`Lead trial counsel must attend the pretrial
`conference.
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`File a Notice of Time Requested for (1) voir dire,
`(2) opening statements, (3) direct and cross
`examinations, and (4) closing arguments.
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`File pretrial objections.
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`The parties are ORDERED to meet and confer to
`resolve any disputes before filing any objection to
`pretrial disclosures.
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`File Amended Joint Final Pretrial Order,
`Amended Joint Proposed Jury Instructions with
`citation to authority and Amended Form of the
`Verdict for jury trials.
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`Parties shall use the pretrial order form on Judge
`Schroeder’s
`website.
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`Proposed Findings of Fact and Conclusions of Law
`with citation to authority for issues tried to the
`bench.
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`Deadline for Parties to meet and confer regarding
`remaining pretrial objections.
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`3
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`February 24, 2021
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`[3.5 weeks before
`trial]
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`February 17, 2021
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`[4.5 weeks before
`pretrial]
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`February 25, 2021
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`[3.5 weeks before
`trial]
`February 19, 2021 Apple to serve response to Maxell’s drafts of
`Amended Joint Final Pretrial Order, Amended Joint
`Proposed Jury Instructions, and Amended Form of
`the Verdict for jury trials.
`Parties identify exhibits and deposition designations
`for which they maintain pretrial objections.
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`February 22, 2021
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`[4 weeks before
`pretrial]
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`

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`Case 5:19-cv-00036-RWS Document 622 Filed 02/05/21 Page 4 of 7 PageID #: 31983
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`February 12, 2021
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`[5 weeks before trial]
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`February 4, 2021
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`[6 weeks before
`pretrial]
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`February 4, 2021
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`[5 weeks before
`pretrial]
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`February 15, 2021
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`[4.5 weeks before
`trial]
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`February 15, 2021
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`[4.5 weeks before
`trial]
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`February 12, 2021
`[5 weeks before
`trial]
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`February 10, 2021
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`February 10, 2021
`[5 weeks before
`trial]
`February 8, 2021
`[5.5 weeks before
`trial]
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`February 8, 2021
`[5.5 weeks before
`trial]
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`Notice of Request for Daily Transcript or Real
`Time Reporting of Court Proceedings due.
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`If a daily transcript or real time reporting of court
`proceedings is requested for trial or hearings, the
`party or parties making said request shall file a
`notice with the Court.
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`Deadline to File Motions Requesting Leave to
`Designate Exhibits in Excess of 250.
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`Exchange Narrowed Pretrial Disclosures (Witness
`List, Deposition Designations, and Exhibit List).
`Parties may withdraw, but not supplement,
`witnesses, deposition designations, and exhibits from
`those previously exchanged. Remaining deposition
`designations and exhibits shall maintain previously
`exchanged objections.
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`Video and Stenographic Deposition Designation due.
`Each party who proposes to offer deposition
`testimony shall serve a disclosure identifying the line
`and page numbers to be offered.
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`Maxell to serve drafts of Amended Joint Final
`Pretrial Order, Amended Joint Proposed Jury
`Instructions, and Amended Form of the Verdict for
`jury trials.
`File Notice of Compliance with Dkt. No. 619.
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`File representative product stipulation.
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`Apple to narrow its prior art invalidity challenges to
`one “ground” per patent, with a “ground” being one
`anticipatory reference or one obviousness
`combination, except that this narrowing will not
`apply to: (a) the prior art defenses to the three
`“navigation” patents (the ’317, ’498 and ’999
`patents); or (b) Apple’s § 101 challenges.
`Parties to meet and confer on draft representative
`product stipulation.
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`4
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`Case 5:19-cv-00036-RWS Document 622 Filed 02/05/21 Page 5 of 7 PageID #: 31984
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`February 5, 2021
`[6 weeks before
`trial]
`February 2, 2021
`[6 weeks before
`trial]
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`January 28, 2021
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`[7 weeks before trial]
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`N/A
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`Maxell to serve response to Apple’s draft
`representative product stipulation.
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`Maxell to narrow its case to no more than six patents
`and 10 claims.
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`Apple to serve draft representative product
`stipulation.
`Parties to complete identification of narrowed issues
`for trial in accordance with framework to be ordered
`by the Court.
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`A proposed Docket Control Order is submitted herewith.
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`Dated: February 5, 2021
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`/s/ Jamie B. Beaber
`Geoff Culbertson
`Kelly Tidwell
`Patton, Tidwell & Culbertson, LLP
`2800 Texas Boulevard (75503)
`Post Office Box 5398
`Texarkana, TX 75505-5398
`Telephone: (903) 792-7080
`Facsimile: (903) 792-8233
`gpc@texarkanalaw.com
`kbt@texarkanalaw.com
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`Jamie B. Beaber
`Alan M. Grimaldi
`Kfir B. Levy
`James A. Fussell, III
`Baldine B. Paul
`Tiffany A. Miller
`Saqib J. Siddiqui
`Bryan C. Nese
`William J. Barrow
`Alison T. Gelsleichter
`Clark S. Bakewell
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Telephone: (202) 263-3000
`Facsimile: (202) 263-3300
`jbeaber@mayerbrown.com
`agrimaldi@mayerbrown.com
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`/s/ Mark D. Fowler
`Harry L. Gillam, Jr.
`Texas Bar No. 07921800
`Melissa Richards Smith
`Texas Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: gil@gillamsmithlaw.com
`Email: melissa@gillamsmithlaw.com
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`Mark D. Fowler (Pro Hac Vice)
`Brent K. Yamashita
`Christian Chessman
`DLA PIPER LLP (US)
`2000 University Ave.
`East Palo Alto, CA 94303-2214
`Tel: 650.833.2000
`Fax: 650.833.2001
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`Sean C. Cunningham (Pro Hac Vice)
`Erin P. Gibson (Pro Hac Vice)
`Kevin Hamilton (Pro Hac Vice)
`David R. Knudson (Pro Hac Vice)
`DLA PIPER LLP (US)
`401 B Street, Suite 1700
`San Diego, CA 92101
`Tel: 619.699.2700
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`5
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`Case 5:19-cv-00036-RWS Document 622 Filed 02/05/21 Page 6 of 7 PageID #: 31985
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`klevy@mayerbrown.com
`jfussell@mayerbrown.com
`bpaul@mayerbrown.com
`tmiller@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`wbarrow@mayerbrown.com
`agelsleichter@mayerbrown.com
`cbakewell@mayerbrown.com
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`Robert G. Pluta
`Amanda Streff Bonner
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`(312) 782-0600
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
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`Counsel for Plaintiff Maxell, Ltd.
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`Fax: 619.699.2701
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`Michael Jay (Pro Hac Vice)
`DLA PIPER LLP (US)
`2000 Avenue of the Stars, Suite 400
`Los Angeles, CA 90067
`Tel: 310.595.3000
`Fax: 310.595.3300
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`Aaron G. Fountain
`Zachary Loney
`DLA PIPER LLP (US)
`401 Congress Avenue, Suite 2500
`Austin, Texas 78701-3799
`Tel: 512.457.7000
`Fax: 512.457.7001
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`Dawn M. Jenkins
`DLA PIPER LLP (US)
`1000 Louisiana, Suite 2800
`Houston, TX 77002-5005
`Tel: 713.425.8490
`Fax: 713.300.6012
`Paul Steadman (Pro Hac Vice)
`Stephanie Lim (Pro Hac Vice)
`DLA PIPER LLP (US)
`444 West Lake Street, Ste. 900
`Chicago, IL 60606
`Tel: 312.368.4000
`Fax: 312.236.7516
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`Paul Steadman
`Stephanie Lim (Pro Hac Vice)
`DLA PIPER LLP (US)
`444 West Lake Street, Ste. 900
`Chicago, IL 60606
`Tel: 312.368.4000
`Fax: 312.236.7516
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`Counsel for Defendant Apple Inc.
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`6
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`Case 5:19-cv-00036-RWS Document 622 Filed 02/05/21 Page 7 of 7 PageID #: 31986
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served this 5th day of February, 2021 with a copy of this document
`via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
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`/s/ Jamie B. Beaber
`Jamie B. Beaber
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