02198-00091/14411847.1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

COBBLESTONE WIRELESS, LLC

v.

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG ELECTRONICS AMERICA, 

INC.

§

§

§

§

§

Case No. 2:23-cv-00285-JRG-RSP

DISCOVERY ORDER 

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;

Case 2:23-cv-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 1 of 9 PageID #: 310
02198-00091/14411847.1 - 2 -

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

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

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 

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-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 2 of 9 PageID #: 311
02198-00091/14411847.1 - 3 -

asserted claim, what source code of each Accused Instrumentality allegedly 

satisfies the software limitations of the asserted claim elements.

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: 40 interrogatories per side, 40 requests for admissions per 

side, depositions on written questions of custodians of business records for third parties, 

Case 2:23-cv-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 3 of 9 PageID #: 312
02198-00091/14411847.1 - 4 -

50 hours of party and 30(b)(6) deposition hours per side, 50 hours of nonparty depositions 

per side, and 6 expert witnesses per side. Regardless of the actual length of record time, 

for any witness a party chooses to depose, each deposition shall count for a minimum of 

3.5 hours of record time. “Side” means a party or a group of parties with a common 

interest. 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 

Case 2:23-cv-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 4 of 9 PageID #: 313
02198-00091/14411847.1 - 5 -

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.

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 

Case 2:23-cv-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 5 of 9 PageID #: 314
02198-00091/14411847.1 - 6 -

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). 

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.

Case 2:23-cv-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 6 of 9 PageID #: 315
02198-00091/14411847.1 - 7 -

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 further stipulate 

as follows:

• The parties are not required to log any privileged communications or attorney work product 

created on or after June 16, 2023.

• Inadvertent disclosure of material protected by the attorney-client privilege or the workproduct doctrine shall be handled in accordance with Federal Rule of Evidence 502 and 

Federal Rule of Civil Procedure 26(b)(3) and (5). The receiving party shall immediately 

return, destroy, or sequester all accessible copies and make reasonable efforts to retrieve 

the information, if the receiving party disclosed it. For purposes of this paragraph, copies 

made by the routing operation of an automated disaster recovery system are not accessible. 

Further, a receiving party shall immediately notify the producing party upon discovery of 

information that appears on its face to have been inadvertently produced and shall not use, 

copy, or distribute the information, pending confirmation form the producing party that the 

information was inadvertently produced. Upon confirmation, the receiving party shall 

comply with the other obligations of this paragraph. The parties agree to and request that 

the Court enter the following Order in accordance with Fed. R. Evid. 502(d): The 

production or disclosure of documents, information, or other materials (including physical 

objects) by a party or third-party in connection with this proceeding is subject to the 

provisions of Rule 502(d), which provides that any production or disclosure of any 

information that is subject to any applicable privilege or protection—including, but not 

limited to, attorney-client privilege, common interest privilege, work product immunity, or 

Case 2:23-cv-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 7 of 9 PageID #: 316
02198-00091/14411847.1 - 8 -

any other applicable privilege or immunity—shall not be deemed waiver of any privilege 

or protection (except for an intentional waiver of any such privilege) in connection with 

the litigation pending before this Court, and shall not serve as a waiver in any other federal 

or state proceeding. See Fed. R. Evid. 502(d). The production or disclosure of materials or 

information in connection with the proceeding, whether by the parties or third parties, shall 

not be deemed a publication so as to void or make voidable whatever claim a party may 

have as to the proprietary and confidential nature of the documents, information or other 

material or its contents.

• The parties will meet and confer to negotiate stipulations as to: 

o Form and content of privilege logs

o Discovery of Electronically Stored Information (“ESI”)

o Deposition Discovery including foreign language and remote depositions

o Authentication of trial exhibits (to preclude the need for authentication Requests 

for Admission)

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 

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-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 8 of 9 PageID #: 317
02198-00091/14411847.1 - 9 -

Case 2:23-cv-00285-JRG-RSP Document 29-2 Filed 10/12/23 Page 9 of 9 PageID #: 318