IN THE UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

COGNIPOWER LLC, 

 Plaintiff, 

 v. 

SAMSUNG ELECTRONICS CO., LTD.; 

SAMSUNG ELECTRONICS AMERICA, 

INC., 

 Defendants. 

Case No. 2:23-cv-160 - JRG 

JURY TRIAL DEMANDED 

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: 

Current New 

January 27, 

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.1

10 days before 

Jury Selection 

 *Plaintiff to disclose final election of Asserted Claims.2 

 

1

 The proposed DCO shall include this specific deadline. The deadline shall read, “7 days before 

Jury Selection,” and shall not include a specific date. 

2

 Given the Court’s past experiences with litigants dropping claims and defenses during or on the 

eve of trial, the Court is of the opinion that these additional deadlines are necessary. The 

proposed DCO shall include this specific deadline. The deadline shall read, “10 days before Jury 

Selection,” and shall not include a specific date. 

Case 2:23-cv-00160-JRG Document 32-1 Filed 08/03/23 Page 1 of 7 PageID #: 584
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December 30, 

2024 

 * 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.3

December 23, 

2024 

 *Pretrial Conference – 9:00 a.m. in Marshall, Texas 

before Judge Rodney Gilstrap 

December 16, 

2024 

 *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. 

December 16, 

2024 

 *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 

December 9, 

2024 

 *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. 

December 2, 

2024 

 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. 

December 2, 

2024 

 Serve Objections to Rebuttal Pretrial Disclosures 

November 25, 

2024 

 Serve Objections to Pretrial Disclosures; and Serve 

Rebuttal Pretrial Disclosures 

 

3

 The Parties are referred to the Court’s Standing Order Regarding Use of Juror Questionnaires 

in Advance of Voir Dire. 

Case 2:23-cv-00160-JRG Document 32-1 Filed 08/03/23 Page 2 of 7 PageID #: 585
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November 12, 

2024 

 Serve Pretrial Disclosures (Witness List, Deposition 

Designations, and Exhibit List) by the Party with the 

Burden of Proof 

November 4, 

2024 

 *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 CV7(e), not to exceed the deadline as set forth in this Docket 

Control Order.4

 Motions for Summary Judgment shall 

comply with Local Rule CV-56. 

October 21, 

2024 

 *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. 

October 21, 

2024 

 *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. 

October 15, 

2024 

 Deadline to Complete Expert Discovery 

September 30, 

2024 

 Serve Disclosures for Rebuttal Expert Witnesses 

September 9, 

2024 

September 4, 

2024 

Serve Disclosures for Expert Witnesses by the Party with 

the Burden of Proof 

 

4

 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.

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September 9, 

2024 

August 30, 

2024 

Deadline to Complete Fact Discovery and File Motions to 

Compel Discovery 

August 8, 2024 Comply with P.R. 3-7 (Opinion of Counsel Defenses) 

July 18, 2024 *Claim Construction Hearing – 9:00 a.m. in Marshall, 

Texas before Judge Rodney Gilstrap 

July 5, 2024 *Comply with P.R. 4-5(d) (Joint Claim Construction 

Chart) 

June 27, 2024 *Comply with P.R. 4-5(c) (Reply Claim Construction 

Brief) 

June 20, 2024 Comply with P.R. 4-5(b) (Responsive Claim Construction 

Brief) 

June 6, 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). 

June 6, 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. 

May 23, 2024 Comply with P.R. 4-4 (Deadline to Complete Claim 

Construction Discovery) 

May 16, 2024 File Response to Amended Pleadings 

May 2, 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. 

April 25, 2024 Comply with P.R. 4-3 (Joint Claim Construction 

Statement) 

April 4, 2024 Comply with P.R. 4-2 (Exchange Preliminary Claim

Constructions) 

Case 2:23-cv-00160-JRG Document 32-1 Filed 08/03/23 Page 4 of 7 PageID #: 587
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March 14, 

2024 

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

August 31, 

2023 

October 12, 

2023 

Comply with Standing Order Regarding Subject-Matter 

Eligibility Contentions5

August 31, 

2023 

October 12, 

2023 

Comply with P.R. 3-3 & 3-4 (Invalidity Contentions) 

August 10, 

2023 

 *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. 

August 3, 2023 *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 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 

 

5

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] 

Case 2:23-cv-00160-JRG Document 32-1 Filed 08/03/23 Page 5 of 7 PageID #: 588
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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. 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 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. 

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 

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infringement or infringement under the doctrine of equivalents. Each Defendant shall indicate 

the nature of each theory of invalidity, including invalidity for anticipation, obviousness, subjectmatter 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. The Parties in a case which has been consolidated for pre-trial purposes 

and which is moving towards a separate trial on the merits (subsequent to pre-trial) shall file, as 

an exhibit to the parties’ Joint Pretrial Order, a list identifying all docket entries from the lead 

case that relate to the applicable member case. 

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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