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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)

And

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES,

 Plaintiff,

v.

VERIZON COMMUNICATIONS, 

INC, et al.

Defendants,

NOKIA OF AMERICA 

CORPORATION and ERICSSON 

INC.,

Intervenors.

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CASE NO. 2:23-CV-00470-JRG-RSP

ORDER OF CONSOLIDATION

Before the Court is the Joint Motion to Consolidate Cases filed by Plaintiff XR 

Communications, LLC dba Vivato Technologies and Defendants AT&T Corp., AT&T 

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Mobility LLC, and AT&T Services, Inc., Verizon Communications, Inc. and Cellco 

Partnership d/b/a Verizon Wireless, T-Mobile USA, Inc., and Intervenors Ericsson Inc. and 

Nokia of America Corporation. (Dkt. No. 93.) The Court, having considered the Joint 

Motion to Consolidate Cases, and for good cause shown, finds that the motion should be 

GRANTED to the following extent. 

IT IS HEREBY ORDERED that: (1) the above-captioned lead case (2:23-cv-00202)

and associated member cases (2:23-cv-00203 and 2:23-cv-00204) are consolidated for pretrial with the follow-on lead case (2:23-cv-00470), and associated member cases (2:23-cv00468 and 2:23- cv-00469). All future filings regarding all six cases shall be filed in the 

LEAD CASE 2:23-cv-00202. Individual cases remain active for trial as provided below. 

IT IS FURTHER ORDERED that the two cases against Verizon (Member Case

No. 2:23-cv-00203 and former lead Case No. 2:23-CV-00470 (for Verizon and Cellco 

Partnership only) shall have a consolidated trial; 

IT IS FURTHER ORDERED that the two cases against T-Mobile (Member Case

Nos. 2:23-cv-00204 and 2:23-CV-00469) shall have a consolidated trial; 

IT IS FURTHER ORDERED that the two cases against AT&T (Lead Case No. 

2:23-cv-00202 (for the AT&T Defendants only) and Member Case No. 2:23-CV-00468) 

shall have a consolidated trial; 

IT IS FURTHER ORDERED that the Court will enter an Amended Docket Control 

Order applicable to the entire consolidated action that will supersede the Orders previously 

entered in all actions; 

IT IS FINALLY ORDERED that (i) depositions of Plaintiff’s Rule 30(b)(6)

witnesses, inventors, or prosecution counsel (including, without limitation, Messrs.

Case 2:23-cv-00202-JRG-RSP Document 94 Filed 09/16/24 Page 2 of 3 PageID #: 2769
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Chraplyvy, Hansen, Chaffee, Brennan, Eidson, and the various prosecution counsel 

deponents, including Messrs. Haycox, Ambrose, Brooks, Schwedler, and Burke) will be 

collectively limited to 14 hours and questioning will not repeat issues addressed in earlier 

depositions, and (ii) the limits in the Discovery Order in Case No. 2:23-00202 (Dkt. No. 39) 

will otherwise apply to the consolidated action. 

All counsel should make sure that their appearances are already noted in the abovecaptioned Lead Case. If not, they should take appropriate steps. 

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ROY S. PAYNE

UNITED STATES MAGISTRATE JUDGE SIGNED this 3rd day of January, 2012. SIGNED this 15th day of September, 2024.

Case 2:23-cv-00202-JRG-RSP Document 94 Filed 09/16/24 Page 3 of 3 PageID #: 2770