Case 4:22-cv-00965 Document 35 Filed on 09/01/22 in TXSD Page 1 of 4
`United States District Court
`Southern District of Texas
`ENTERED
`September 01, 2022
`Nathan Ochsner, Clerk
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`
`
`
`Civil Action No. 4:22-cv-00965
`
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`§§§
`
`
`
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ENSIGN US SOUTHERN DRILLING
`LLC,
`
`
`Defendant.
`
`
`
`
`
`PATENT CASE SCHEDULING ORDER
`
`It is hereby ORDERED that the following schedule and the Rules of Practice for Patent
`
`Cases in the Southern District of Texas will apply in this case:
`
`September 1, 2022
`
`Scheduling Conference
`
`PRELIMINARY INFRINGEMENT CONTENTIONS
`Comply with P.R. 3-1 and P.R. 3-2. After this date, it is
`necessary to obtain leave of court to add and/or amend
`infringement contentions, pursuant to Patent Rule (P.R.) 3-7.
`JOIN ADDITIONAL PARTIES OR ADD NEW
`PATENTS AND/OR CLAIMS
`It is not necessary to file a motion to join additional parties
`before this date. Thereafter, it is necessary to obtain leave of
`court.
`
`PRELIMINARY INVALIDITY CONTENTIONS
`Comply with P.R. 3-3 and 3-4. After this date, it is necessary
`to obtain leave of Court to add and/or amend invalidity
`contentions, pursuant to P.R. 3-7.
`
`INEQUITABLE CONDUCT ALLEGATIONS
`Before this date, it is not necessary to file a motion for leave
`to add inequitable conduct allegations. Thereafter, it is
`necessary to obtain leave of court to add inequitable conduct
`allegations.
`
`
`
`
`
`0
`
`1
`
`
`
` November 15, 2022
`
`
`
`
`
`2
`
`January 12, 2023
`
`
`
`1
`
`Petitioner Ensign
`Exhibit 1017 - Page 1 of 4
`
`
`United States District Court
`Southern District of Texas
`ENTERED
`September 01, 2022
`Nathan Ochsner, Clerk
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`
`
`
`Civil Action No. 4:22-cv-00965
`
`
`JURY TRIAL DEMANDED
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`§§§
`
`
`
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`ENSIGN US SOUTHERN DRILLING
`LLC,
`
`
`Defendant.
`
`
`
`
`
`PATENT CASE SCHEDULING ORDER
`
`It is hereby ORDERED that the following schedule and the Rules of Practice for Patent
`
`Cases in the Southern District of Texas will apply in this case:
`
`September 1, 2022
`
`Scheduling Conference
`
`PRELIMINARY INFRINGEMENT CONTENTIONS
`Comply with P.R. 3-1 and P.R. 3-2. After this date, it is
`necessary to obtain leave of court to add and/or amend
`infringement contentions, pursuant to Patent Rule (P.R.) 3-7.
`JOIN ADDITIONAL PARTIES OR ADD NEW
`PATENTS AND/OR CLAIMS
`It is not necessary to file a motion to join additional parties
`before this date. Thereafter, it is necessary to obtain leave of
`court.
`
`PRELIMINARY INVALIDITY CONTENTIONS
`Comply with P.R. 3-3 and 3-4. After this date, it is necessary
`to obtain leave of Court to add and/or amend invalidity
`contentions, pursuant to P.R. 3-7.
`
`INEQUITABLE CONDUCT ALLEGATIONS
`Before this date, it is not necessary to file a motion for leave
`to add inequitable conduct allegations. Thereafter, it is
`necessary to obtain leave of court to add inequitable conduct
`allegations.
`
`
`
`
`
`0
`
`1
`
`
`
` November 15, 2022
`
`
`
`
`
`2
`
`January 12, 2023
`
`
`
`1
`
`Petitioner Ensign
`Exhibit 1017 - Page 1 of 4
`
`
`
`Case 4:22-cv-00965 Document 35 Filed on 09/01/22 in TXSD Page 2 of 4
`
`3
`
`January 26, 2023
`
`4
`
`February 16, 2023
`
`5 March 16, 2023
`
`6 March 16, 2023
`
`7 March 30, 2023
`
`8
`
`April 6, 2023
`
`9
`
`April 20, 2023
`
`10 May 4, 2023
`
`11 May 11, 2023
`
`12
`
`June 15, 2023
`
`EXCHANGE PROPOSED TERMS AND CLAIM
`ELEMENTS FOR CONSTRUCTION
`Comply with P.R. 4-1.
`
`EXCHANGE PRELIMINARY CLAIM
`CONSTRUCTIONS AND EXTRINSIC EVIDENCE
`Comply with P.R. 4-2.
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING
`STATEMENT
`Comply with P.R. 4-3.
`
`AMEND PLEADINGS
`It is not necessary to file a Motion for Leave to Amend before
`the deadline to amend pleadings.
`
`DISCOVERY DEADLINE ON CLAIM
`CONSTRUCTION ISSUES
`See P.R. 4-4.
`
`TECHNOLOGY TUTORIAL DEADLINE
`Provide Court with technology tutorials (optional).
`
`OPENING CLAIM CONSTRUCTION BRIEF
`Comply with P.R. 4-5(a)(1).
`
`RESPONSIVE CLAIM CONSTRUCTION BRIEF
`Comply with P.R. 4-5(a)(2).
`
`REPLY CLAIM CONSTRUCTION BRIEF
`Comply with P.R. 4-5(a)(3).
`
`JOINT CLAIM CONSTRUCTION CHART
`Comply with P.R. 4-5(b) and (c).
`
`13
`
`June 22, 2023
`
`CLAIM CONSTRUCTION (MARKMAN) HEARING
`
`at ___________.m. at the United States District Court,
`Courtroom _______, ____________________, Texas.
`
`2
`
`Petitioner Ensign
`Exhibit 1017 - Page 2 of 4
`
`
`
`Case 4:22-cv-00965 Document 35 Filed on 09/01/22 in TXSD Page 3 of 4
`
`14 August 3, 2023
`
`15 December 19, 2023
`
`16
`
`January 10, 2024
`
`17
`
`January 17, 2024
`
`18 December 19, 2023
`
`19 March 6, 2024
`
`20 April 3, 2024
`
`Court’s Decision on Claim Construction (Markman
`Ruling)
`(If ruling is late, parties may seek amendment of remaining
`dates in Scheduling Order.)
`
`INFRINGEMENT
`FINAL
`FOR
`DEADLINE
`CONTENTIONS AND TO AMEND PLEADINGS ON
`INFRINGEMENT CLAIMS
`NOTE: Except as provided in P.R. 3-6, if the amendment
`would affect preliminary or final infringement contentions, a
`motion must be made under P.R. 3-7 irrespective of whether
`the amendment is made before this deadline.
`
`PRIVILEGE LOGS/WILLFULNESS
`Comply with P.R.3-8
`All parties furnish privilege logs by this date.
`
`DEADLINE FOR FINAL INVALIDITY
`CONTENTIONS AND TO AMEND PLEADINGS ON
`INVALIDITY CLAIMS.
`NOTE: Except as provided in P.R. 3-6, if the amendment
`would affect preliminary or final invalidity contentions, a
`motion must be made under P.R. 3-7 irrespective of whether
`the amendment is made before this deadline.
`COMPLETION OF FACT DISCOVERY
`Written discovery requests are NOT timely if they are served
`so close to this deadline that under the Fed. R. Civ. P. the
`response would not be due until after this deadline.
`
`DESIGNATION OF EXPERTS AND REQUIRED
`REPORTS OTHER THAN CLAIM CONSTRUCTION
`AND ATTORNEYS’ FEES
`Party with burden of proof (“BOP”) on non-construction and
`fees issues shall comply with Fed. R. Civ. P. 26(a)(2)(A-C).
`
`DESIGNATION OF RESPONSIVE EXPERTS AND
`REQUIRED REPORTS
`Party not having BOP on non-construction and fees issues
`shall comply with Fed. R. Civ. P. 26(a)(2)(A-C).
`
`21 May 1, 2024
`
`COMPLETION OF EXPERT DISCOVERY
`
`3
`
`Petitioner Ensign
`Exhibit 1017 - Page 3 of 4
`
`
`
`Case 4:22-cv-00965 Document 35 Filed on 09/01/22 in TXSD Page 4 of 4
`
`22
`
`June 5, 2024
`
`23 December 2, 2024
`
`DISPOSITIVE AND NON-DISPOSITIVE MOTIONS
`DEADLINES (INCLUDING DAUBERT MOTIONS)
`
`JOINT PRETRIAL ORDER AND MOTION IN LIMINE
`DEADLINE
`The Joint Pretrial Order will contain the pretrial disclosures
`required by Fed. R. Civ. P. Rule 26(a)(3), Local Rules and
`this Court’s procedures. Plaintiff is responsible for timely
`filing the complete Joint Pretrial Order. Failure to file a Joint
`Pretrial Order timely may lead to dismissal or other sanction
`in accordance with the applicable rules.
`
`24 January 6, 2025
`
`at 1:30 p.m.
`
`DOCKET CALL/ FINAL PRETRIAL CONFERENCE
`
`25 MEDIATION is REQUIRED
`prior to Docket Call
`
`at the United States District Court, Courtroom ______,
`___________________, Texas.
`
`MEDIATION TO BE COMPLETED BY THIS
`DATE
`The parties must select a mediator for this case. The parties
`and mediator must comply with S.D. TEXAS LOCAL RULE 16.
`
`26
`
`January 21, 2025 at 9:00 a.m.
`
`JURY SELECTION AND TRIAL commences, subject to
`Court’s criminal docket
`
`1st
`September
`SIGNED at Houston, Texas, this ______ day of _____________________, 2022.
`
`SAM SHELDON
`UNITED STATES MAGISTRATE JUDGE
`
`4
`
`Petitioner Ensign
`Exhibit 1017 - Page 4 of 4
`
`
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