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    22-01-31 Exh1 To Apple Riso CMC - Apple's Proposed Order

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    Florian Mueller
    January 31, 2022 Exhibit 1 to Apple's reply in support of request for early case management conference -- Apple's proposed case schedule

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    22-01-31 Exh1 To Apple Riso CMC - Apple's Proposed Order

    Uploaded by

    Florian Mueller
    149 views6 pages
    January 31, 2022 Exhibit 1 to Apple's reply in support of request for early case management conference -- Apple's proposed case schedule

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    22-01-31 Exh1 to Apple Riso Cmc - Apple's Proposed Order

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    January 31, 2022 Exhibit 1 to Apple's reply in support of request for early case management conference -- Apple's proposed case schedule

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    149 views6 pages

    22-01-31 Exh1 To Apple Riso CMC - Apple's Proposed Order

    Uploaded by

    Florian Mueller
    January 31, 2022 Exhibit 1 to Apple's reply in support of request for early case management conference -- Apple's proposed case schedule

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    Case 2:21-cv-00460-JRG Document 20-1 Filed 01/31/22 Page 1 of 6 PageID #: 198

    UNITED STATES DISTRICT COURT


    EASTERN DISTRICT OF TEXAS
    MARSHALL DIVISION

    APPLE INC., )
    )
    Plaintiff, )
    )
    v. ) C.A. No. 2:21-cv-00460-JRG
    )
    TELEFONAKTIEBOLAGET LM )
    ERICSSON and ERICSSON INC., )
    )
    Defendants. )
    )

    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:

    December 5, 2022 *Jury Selection – 9:00 a.m. in Marshall

    November 7, 2022 * 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. 1

    October 31, 2022 *Pretrial Conference

    October 24, 2022 *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.

    1
    The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in
    Advance of Voir Dire.
    Case 2:21-cv-00460-JRG Document 20-1 Filed 01/31/22 Page 2 of 6 PageID #: 199

    October 24, 2022 *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

    October 17, 2022 *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 [email protected].

    October 10, 2022 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.

    October 10, 2022 Serve Objections to Rebuttal Pretrial Disclosures

    October 3, 2022 Serve Objections to Pretrial Disclosures; and Serve Rebuttal Pretrial
    Disclosures

    September 19, 2022 Serve Pretrial Disclosures (Witness List, Deposition Designations,
    and Exhibit List) by the Party with the Burden of Proof

    September 12, 2022 *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. 2 Motions for Summary
    Judgment shall comply with Local Rule CV-56.

    August 29, 2022 *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.

    2
    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.

    -2-
    Case 2:21-cv-00460-JRG Document 20-1 Filed 01/31/22 Page 3 of 6 PageID #: 200

    August 29, 2022 *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 22, 2022 Deadline to Complete Expert Discovery

    August 8, 2022 Serve Disclosures for Rebuttal Expert Witnesses

    July 11, 2022 Deadline to Complete Fact Discovery and File Motions to Compel
    Discovery

    July 11, 2022 Serve Disclosures for Expert Witnesses by the Party with the Burden
    of Proof

    3 Weeks After Claim Comply with P.R. 3-7 (Opinion of Counsel Defenses)
    Construction Hearing

    Date Provided by the *Claim Construction Hearing


    Court

    June 6, 2022 *Comply with P.R. 4-5(d) (Joint Claim Construction Chart)

    May 30, 2022 *Comply with P.R. 4-5(c) (Reply Claim Construction Brief)

    May 23, 2022 Comply with P.R. 4-5(b) (Responsive Claim Construction Brief)

    May 9, 2022 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).

    May 9, 2022 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.

    April 25, 2022 Comply with P.R. 4-4 (Deadline to Complete Claim Construction
    Discovery)

    -3-
    Case 2:21-cv-00460-JRG Document 20-1 Filed 01/31/22 Page 4 of 6 PageID #: 201

    April 18, 2022 Comply with P.R. 4-3 (Joint Claim Construction Statement)

    April 11, 2022 Comply with P.R. 4-2 (Exchange Preliminary Claim Constructions)

    April 4, 2022 Comply with P.R. 4-1 (Exchange Proposed Claim Terms)

    March 28, 2022 Comply with Standing Order Regarding Subject-Matter Eligibility
    Contentions 3

    March 28, 2022 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)

    March 14, 2022 *File Proposed Protective Order and Comply with Paragraphs 1 & 3
    of the Discovery Order (Initial and Additional Disclosures)

    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.

    March 7, 2022 Comply with P.R. 3-1 & 3-2 (Infringement Contentions)
    (applicable if Ericsson asserts infringement counterclaims to Apple’s
    declaratory judgment non-infringement claims)

    February 28, 2022 Join Additional Parties

    February 28, 2022 *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.

    February 7, 2022 *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.
    (*) indicates a deadline that cannot be changed without showing 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

    3
    http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20R
    e%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-YU5P]

    -4-
    Case 2:21-cv-00460-JRG Document 20-1 Filed 01/31/22 Page 5 of 6 PageID #: 202

    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 the Court
    an Order granting leave to designate different lead counsel.

    Motions for Continuance: The following excuses 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) 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;

    (c) 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.

    -5-
    Case 2:21-cv-00460-JRG Document 20-1 Filed 01/31/22 Page 6 of 6 PageID #: 203

    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.

    -6-

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