EXHIBIT A

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 1 of 12 PageID #: 349
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

JAWBONE INNOVATIONS, LLC,

Plaintiff,

v. 

PANASONIC ENTERTAINMENT & 

COMMUNICATIONS CO., LTD., and 

PANASONIC CONNECT CO., LTD, 

Defendants. 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Case No. 2:23-cv-00081-JRG-RSP

(LEAD CASE)

JURY TRIAL DEMANDED

JAWBONE INNOVATIONS, LLC,

Plaintiff,

v. 

HTC CORPORATION,

Defendant. 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Case No. 2:23-cv-00077-JRG-RSP

(MEMBER CASE)

JURY TRIAL DEMANDED

JAWBONE INNOVATIONS, LLC,

Plaintiff,

v. 

LG ELECTRONICS, INC.,

Defendant. 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Case No. 2:23-cv-00078-JRG-RSP

(MEMBER CASE)

JURY TRIAL DEMANDED

 

DISCOVERY ORDER

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 2 of 12 PageID #: 350
- 2 -

After a review of the pleaded claims and defenses in this action, in furtherance of the 

management of the Court’s docket under Federal Rule of Civil Procedure 16, and after receiving 

the input of the parties to this action, it is ORDERED AS FOLLOWS:

1. Initial Disclosures. In lieu of the disclosures required by Federal Rule of Civil Procedure 

26(a)(1), each party shall disclose to every other party the following information:

(a) the correct names of the parties to the lawsuit;

(b) the name, address, and telephone number of any potential parties;

(c) the legal theories and, in general, the factual bases of the disclosing party’s claims 

or defenses (the disclosing party need not marshal all evidence that may be offered 

at trial);

(d) the name, address, and telephone number of persons having knowledge of relevant 

facts, a brief statement of each identified person’s connection with the case, and a 

brief, fair summary of the substance of the information known by any such person;

(e) any indemnity and insuring agreements under which any person or entity carrying 

on an insurance business may be liable to satisfy part or all of a judgment entered 

in this action or to indemnify or reimburse for payments made to satisfy the 

judgment;

(f) any settlement agreements relevant to the subject matter of this action; and

(g) any statement of any party to the litigation.

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 3 of 12 PageID #: 351
- 3 -

2. Disclosure of Expert Testimony.1 A party must disclose to the other parties the identity 

of any witness it may use at trial to present evidence under Federal Rule of Evidence 702, 

703 or 705, and:

(a) if the witness is one retained or specially employed to provide expert testimony in 

the case or one whose duties as the party’s employee regularly involve giving expert 

testimony, provide the disclosures required by Federal Rule of Civil Procedure 

26(a)(2)(B) and Local Rule CV-26; and

(b) for all other such witnesses, provide the disclosure required by Federal Rule of Civil 

Procedure 26(a)(2)(C).

3. Additional Disclosures. Without awaiting a discovery request,2 each party will make the 

following disclosures to every other party:

(a) provide the disclosures required by the Patent Rules for the Eastern District of 

Texas with the following modifications to P.R. 3-1 and P.R. 3-3:

i. If a party claiming patent infringement asserts that a claim element is a 

software limitation, the party need not comply with P.R. 3-1 for those claim 

elements until 30 days after source code for each Accused Instrumentality 

is produced by the opposing party. Thereafter, the party claiming patent 

infringement shall identify, on an element-by-element basis for each 

asserted claim, what source code of each Accused Instrumentality allegedly 

satisfies the software limitations of the asserted claim elements.

1 All expert reports should be written such that the report is organized with discrete 

paragraph numbers.

2

 The Court anticipates that this disclosure requirement will obviate the need for requests 

for production.

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 4 of 12 PageID #: 352
- 4 -

ii. If a party claiming patent infringement exercises the provisions of 

Paragraph 3(a)(i) of this Discovery Order, the party opposing a claim of 

patent infringement may serve, not later than 30 days after receipt of a 

Paragraph 3(a)(i) disclosure, supplemental “Invalidity Contentions” that

amend only those claim elements identified as software limitations by the 

party claiming patent infringement.

(b) produce or permit the inspection of all documents, electronically stored 

information, and tangible things in the possession, custody, or control of the party 

that are relevant to the pleaded claims or defenses involved in this action, except to 

the extent these disclosures are affected by the time limits set forth in the Patent 

Rules for the Eastern District of Texas; and

(c) provide a complete computation of any category of damages claimed by any party 

to the action, and produce or permit the inspection of documents or other 

evidentiary material on which such computation is based, including materials 

bearing on the nature and extent of injuries suffered, except that the disclosure of 

the computation of damages may be deferred until the time for Expert Disclosures

if a party will rely on a damages expert.

4. Protective Orders. The Court will enter the parties’ Agreed Protective Order.

5. Discovery Limitations. The discovery in this cause is limited to the disclosures described 

in Paragraphs 1-3 together with:

(a) For purposes of this section (Section 5 – Discovery Limitations), Defendants 

Panasonic Entertainment & Communications Co., Ltd. and Panasonic Connect Co., 

Ltd. shall count as a single defendant (“Panasonic”).

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 5 of 12 PageID #: 353
- 5 -

(b) Interrogatories: Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) may serve 

twenty-five (25) interrogatories on each of Panasonic, HTC Corporation (“HTC”), 

and LG Electronics Inc. (“LGE”) (collectively, “Defendants”). Defendants may

each serve twenty-five (25) interrogatories on Plaintiff.

(c) Requests for Admission: Plaintiff may serve up to forty (40) requests for admission 

on each of the Defendants. Defendants may each serve up to forty (40) requests for 

admission on Plaintiff. In addition, the parties will be permitted to serve a 

reasonable number of requests for admissions as to (a) the authenticity of a 

particular document or thing, (b) the admissibility of a particular document or thing, 

and/or (c) whether a document qualifies as a “printed publication” or other prior art 

as of a certain date under 35 U.S.C. § 102.

(d) Depositions: Plaintiff may take up to forty-two (42) total hours of deposition 

testimony for each of Panasonic, HTC, and LGE (inclusive of both 30(b)(1) and 

30(b)(6) depositions). Defendants may collectively take up to forty-two (42) total 

hours of deposition testimony of Plaintiff (inclusive of both 30(b)(1) and 30(b)(6) 

depositions). Depositions of experts and third parties do not count against these 

limits. Absent a showing of good cause, each deposition will be limited to no more 

than seven (7) hours.

(e) Experts: Testifying experts shall not be subject to discovery on any draft of their 

report or declarations in this case and such draft reports, declarations, notes, 

outlines, or any other writings leading up to an issued report or filed declaration in 

this litigation are exempt from discovery. In addition, all communications to and 

from a testifying expert, and all materials generated by a testifying expert with 

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 6 of 12 PageID #: 354
- 6 -

respect to that person’s work in this case, are exempt from discovery unless relied 

upon by the expert in forming any opinions in this litigation.

(f) Expert Depositions: Defendants are each limited to five (5) testifying expert 

witnesses. Plaintiff is limited to five (5) testifying expert witnesses. Plaintiff may 

depose each of Defendants’ experts for up to seven (7) hours per report, even if 

such report is submitted on behalf of more than one Defendant. Each of the 

Defendants may depose each of Plaintiff’s experts for up to seven (7) hours per 

report. Absent a showing of good cause, each expert deposition will be limited to 

no more than seven (7) hours. To the extent that any one technical liability expert

from any party submits a report addressing more than four (4) patents, the seven 

(7) hour limit may be increased by one (1) hour per additionally addressed patent, 

up to a maximum of eleven (11) hours. Should the deposition be scheduled for 

more than seven (7) hours, the technical liability expert may elect to have the 

deposition conducted over more than one (1) day.

(g) Third Party Discovery: The parties may conduct third party discovery by serving 

deposition subpoenas and document subpoenas. Plaintiff is limited to forty-two 

(42) hours of third-party deposition hours for each case. Defendants are each 

limited to forty-two (42) hours of third-party deposition hours.

(h) Inventor Depositions: Separate from the limitations of Paragraph 5(g) regarding 

Third Party Discovery, each Defendant may depose each third-party inventor for 

up to seven (7) hours. Should an inventor be designated pursuant to Rule 30(b)(6), 

the parties shall meet and confer to determine whether more than one day of 

deposition is appropriate.

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 7 of 12 PageID #: 355
- 7 -

(i) Any party may later move to modify these limitations for good cause.

6. Privileged Information. There is no duty to disclose privileged documents or 

information. However, the parties are directed to meet and confer concerning privileged 

documents or information after the Status Conference. By the deadline set in the Docket 

Control Order, the parties shall exchange privilege logs identifying the documents or 

information and the basis for any disputed claim of privilege in a manner that, without 

revealing information itself privileged or protected, will enable the other parties to assess 

the applicability of the privilege or protection. Any party may move the Court for an order 

compelling the production of any documents or information identified on any other party’s 

privilege log. If such a motion is made, the party asserting privilege shall respond to the 

motion within the time period provided by Local Rule CV-7. The party asserting privilege 

shall then file with the Court within 30 days of the filing of the motion to compel any proof 

in the form of declarations or affidavits to support their assertions of privilege, along with 

the documents over which privilege is asserted for in camera inspection. However, if the 

party asserting privilege seeks an in camera review by the Court, such party shall first 

obtain leave from the Court prior to delivery of documents to the Court.

7. Signature. The disclosures required by this Order shall be made in writing and signed by 

the party or counsel and shall constitute a certification that, to the best of the signer’s 

knowledge, information and belief, such disclosure is complete and correct as of the time 

it is made. If feasible, counsel shall meet to exchange disclosures required by this Order; 

otherwise, such disclosures shall be served as provided by Federal Rule of Civil Procedure 

5. The parties shall promptly file a notice with the Court that the disclosures required under 

this Order have taken place.

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 8 of 12 PageID #: 356
- 8 -

8. Duty to Supplement. After disclosure is made pursuant to this Order, each party is under 

a duty to supplement or correct its disclosures immediately if the party obtains information 

on the basis of which it knows that the information disclosed was either incomplete or 

incorrect when made, or is no longer complete or true.

9. Discovery Disputes.

(a) Except in cases involving claims of privilege, any party entitled to receive 

disclosures (“Requesting Party”) may, after the deadline for making disclosures, 

serve upon a party required to make disclosures (“Responding Party”) a written 

statement, in letter form or otherwise, of any reason why the Requesting Party

believes that the Responding Party’s disclosures are insufficient. The written 

statement shall list, by category, the items the Requesting Party contends should be 

produced. The parties shall promptly meet and confer. If the parties are unable to 

resolve their dispute, then the Responding Party shall, within 14 days after service 

of the written statement upon it, serve upon the Requesting Party a written 

statement, in letter form or otherwise, which identifies (1) the requested items that 

will be disclosed, if any, and (2) the reasons why any requested items will not be 

disclosed. The Requesting Party may thereafter file a motion to compel.

(b) An opposed discovery related motion, or any response thereto, shall not exceed 7

pages. Attachments to a discovery related motion, or a response thereto, shall not 

exceed 5 pages. No further briefing is allowed absent a request or order from the 

Court.

(c) Prior to filing any discovery related motion, the parties must fully comply with the 

substantive and procedural conference requirements of Local Rule CV-7(h) and (i). 

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 9 of 12 PageID #: 357
- 9 -

Within 72 hours of the Court setting any discovery motion for a hearing, each 

party’s lead attorney (see Local Rule CV-11(a)) and local counsel shall meet and 

confer in person or by telephone, without the involvement or participation of other 

attorneys, in an effort to resolve the dispute without Court intervention. 

(d) Counsel shall promptly notify the Court of the results of that meeting by filing a 

joint report of no more than two pages. Unless excused by the Court, each party’s 

lead attorney shall attend any discovery motion hearing set by the Court (though 

the lead attorney is not required to argue the motion).

(e) Any change to a party’s lead attorney designation must be accomplished by motion 

and order.

(f) Counsel are directed to contact the chambers of the undersigned for any “hot-line” 

disputes before contacting the Discovery Hotline provided by Local Rule CV26(e). If the undersigned is not available, the parties shall proceed in accordance 

with Local Rule CV-26(e).

10. No Excuses. A party is not excused from the requirements of this Discovery Order because 

it has not fully completed its investigation of the case, or because it challenges the 

sufficiency of another party’s disclosures, or because another party has not made its 

disclosures. Absent court order to the contrary, a party is not excused from disclosure 

because there are pending motions to dismiss, to remand or to change venue.

11. Filings. Only upon request from chambers shall counsel submit to the court courtesy 

copies of any filings.

12. Proposed Stipulations by the Parties Regarding Discovery. The parties agree that they 

will serve each other with copies of any subpoena or deposition notice directed to a thirdCase 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 10 of 12 PageID #: 358
- 10 - 

party. A party receiving documents from a third party will provide copies of those 

documents to each other party within three (3) business days of receiving those documents. 

The parties agree to consult with each other before scheduling any third-party deposition 

and to provide at least three (3) business days’ notice of the selected court reporting agency 

to allow for the coordination of remote depositions, including the logistics of soft copy 

exhibits. 

(a) The parties agree that, unless good cause is shown, the parties shall not be required 

to log any privileged documents created on or after February 28, 2023. 

(b) The parties agree to accept service by email to all counsel of record for the party to 

be served. Where a document is too large to serve by email, the serving party shall 

send an email notice providing instructions for downloading the document via FTP 

or similar file transfer service.

(c) The parties will submit a proposed e-discovery order within thirty (30) days after 

the Scheduling Conference.

(d) Pursuant to Federal Rule of Evidence 502(d), inadvertent production of materials 

covered by the attorney-client privilege or work-product protection is not a waiver 

in this or any other federal or state proceeding. In case of inadvertent production, 

at the producing party’s request, the receiving party shall immediately return or 

destroy the inadvertently produced materials. The producing party will provide a 

privilege log in accordance with Paragraph 6.

13. Standing Orders. The parties and counsel are charged with notice of and are required to 

fully comply with each of the Standing Orders of this Court. Such are posted on the Court’s 

website at http://www.txed.uscourts.gov/?q=court-annexed-mediation-plan. The substance 

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 11 of 12 PageID #: 359
- 11 -

of some such orders may be included expressly within this Discovery Order, while others 

(including the Court’s Standing Order Regarding Protection of Proprietary and/or 

Confidential Information to Be Presented to the Court During Motion and Trial Practice) 

are incorporated herein by reference. All such standing orders shall be binding on the 

parties and counsel, regardless of whether they are expressly included herein or made a 

part hereof by reference.

Case 2:23-cv-00081-JRG-RSP Document 44-1 Filed 10/12/23 Page 12 of 12 PageID #: 360