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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES, 

Plaintiff, 

v. 

AT&T SERVICES INC.; AT&T 

MOBILITY LLC; and AT&T CORP.,

Defendants, 

NOKIA OF AMERICA 

CORPORATION and ERICSSON 

INC.,

Intervenors. 

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CASE NO. 2:23-CV-00202-JRG-RSP 

(LEAD CASE)

SECOND AMENDED DOCKET CONTROL ORDER

Considering the Joint Motion (Dkt. No. 93), it is hereby ORDERED that the 

following schedule of deadlines is in effect for the six cases consolidated herein until further 

order of this court:

Current Date Amended Date Event

July 21, 2025 *Jury Selection - 9:00 a.m. in Marshall, Texas

7 days before 

Jury Selection

*Defendant to disclose final invalidity theories, final

prior art references/combinations, and final equitable

defenses.

10 days before 

Jury Selection

*Plaintiff to disclose final election of Asserted Claims.

June 23, 2025 * 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

1 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires in Advance of Voir Dire. 

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June 16, 2025 *Pretrial Conference - 9:00 a.m. in Marshall, Texas

before Judge Roy Payne

June 9, 2025 *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.

June 9, 2025 *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

May 27, 2025 *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.

May 27, 2025 File Motions in Limine

The parties shall limit their motions in limine toissues 

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

May 27, 2025 Serve Objections to Rebuttal Pretrial Disclosures

May 19, 2025 Serve Objections to Pretrial Disclosures; and Serve 

Rebuttal Pretrial Disclosures

May 5, 2025 Serve Pretrial Disclosures (Witness List, Deposition 

Designations, and Exhibit List) by the Party with the 

Burden of Proof

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April 14, 2025 *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.

April 14, 2025 *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.

April 14, 2025 Defendants narrow prior art grounds to not more than 26 

total prior art grounds.

April 11, 2025 Plaintiff narrows asserted claims to no more than 18 

claims.

April 7, 2025 Deadline to Complete Expert Discovery

March 27, 2025 Serve Disclosures for Rebuttal Expert Witnesses

February 28,

2025

Serve Disclosures for Expert Witnesses by the Party with 

the Burden of Proof

Defendants narrow prior art grounds to not more than 40

total prior art grounds.

February 21,

2025

Plaintiff narrows asserted claims to no more than 24 

claims.

February 14,

2025

Deadline to Complete Fact Discovery and File Motions to 

Compel Discovery

February 25,

2025

Comply with P.R. 3-7 (Opinion of 

Counsel Defenses)

February 4,

2025

*Claim Construction Hearing - 9:00 a.m. in Marshall, 

Texas before Judge Roy Payne

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January 21,

2025

*Comply with P.R. 4-5(d)

(Joint Claim Construction Chart)

January 16,

2025

*Comply with P.R. 4-5(c)

(Reply Claim Construction Brief)

January 9, 2025 Comply with P.R. 4-5(b)

(Responsive Claim Construction Brief)

December 12,

2024

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).

December 24,

2024

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.

November 21,

2024

Comply with P.R. 4-4 (Deadline to Complete Claim 

Construction Discovery)

December 3,

2024

File Response to Amended Pleadings

November 21, 

2024 Deadline for Parties to serve 30(b)(1) and 30(b)(6) 

deposition notices.

November 19,

2024

*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.

November 4, Comply with P.R. 4-3

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2024 (Joint Claim Construction Statement)

October 10,

2024

Comply with P.R. 4-2

(Exchange Preliminary Claim Constructions)

September 26,

2024

Comply with P.R. 4-1

(Exchange Proposed Claim Terms)

(*) 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.

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 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 motionsforsummary 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

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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.

Motions for Continuance: The following will not warrant a continuance nor justify a 

failure to comply with the discovery deadline:

(a) The fact that there are motions forsummary 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.

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.

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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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