Exhibit B 

Case 2:23-cv-00382-JRG-RSP Document 99-3 Filed 01/29/24 Page 1 of 4 PageID #: 855
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

IMMERSION CORPORATION

 

 Plaintiff,

V.

§

§

§

§

§

SAMSUNG ELECTRONICS AMERICA, 

INC., ET AL

§

§

§

 Case No. 2:17-cv-00572-JRG

 LEAD CASE

SAMSUNG ELECTRONICS AMERICA, 

INC., ET AL

 Defendants.

§

§

§

§

 Case No. 2:18-cv-00055-JRG

ORDER

Before the Court is Defendants’ Motion to Consolidate Cases for Pretrial Purposes, which 

was filed concurrently in the above-captioned cases. (Dkt. No. 48 in 2:17-cv-572, Dkt. No. 19 in 

2:18-cv-55.) On June 5, 2018, the Court held a hearing on the above pending Motion. Having 

considered the Parties’ arguments, the Court finds that the Motion should be and hereby is 

GRANTED to the extent that it seeks consolidation. The Court sua sponte ORDERS that the 

above-captioned case is to be CONSOLIDATED for all purposes—not just pre-trial purposes—

with the LEAD CASE, Civil Action No. 2:17-cv-000572. The Court will enter one docket control 

order that will govern the entire consolidated case.

Under Rule 42(a), a district court has broad discretion to consolidate pending actions before 

it. Fed. R. Civ. P. 42(a); Gentry v. Smith, 487 F.2d 571, 581 (5th Cir. 1973). The Court finds here 

that complete consolidation will promote judicial efficiency and prevent unnecessary costs

resulting from two separate yet duplicative Markman hearings and trials. Moreover, the second 

filed action only involves one patent that “cover[s] Samsung’s use of haptic feedback technology 

Case 2:23-cv-00382-JRG-RSP Document 99-3 Filed 01/29/24 Page 2 of 4 PageID #: 856 Case 2:17-cv-00572-JRG Document 61 Filed 06/08/18 Page 1 of 3 PageID #: 394
2

in mobile devices,” which is the same language used to describe the patents asserted in the first 

filed action. (Dkt. No. 1 at ¶ 1.)

Accordingly, it is ORDERED that Civil Action Nos. 2:17-cv-572 and 2:18-cv-55 are 

consolidated. 

Claim Construction Hearing is set for Tuesday, October 9, 2018, at 1:30 p.m.

Jury Selection is set for May 6, 2019, at 9:00 a.m.

The Parties shall submit a proposed Docket Control Order for the remaining dates in the 

schedule within fourteen (14) days of this Order. To the extent that a protective order, discovery 

order, and/or appointment of mediator has been entered in the lead case at the time new member 

cases are added to the consolidated action, they should control in all cases consolidated by the 

Court. All parties, however, are directed to meet and confer in order to determine 

whether any amendments to such documents are necessary. Proposed amendments to the 

protective order, discovery order, or appointment of a mediator, if any, shall be filed within 

fourteen (14) of this Order. Additionally, David Keyzer will remain the appointed technical 

advisor for the consolidated action. 

The local rules’ page limitations for Markman briefs and other motions will apply to the 

consolidated case. To further promote judicial economy and to conserve the parties’ resources, 

the Court encourages the parties to file a notice with the Court in the event that there are other 

related cases currently pending on the Court’s docket that may also be appropriate for 

consolidation with this case. 

The Clerk is instructed to add the consolidated defendants into the Lead Case and their 

corresponding Lead and Local Counsel only. Additional counsel may file a Notice of Appearance 

in the Lead Case if they wish to continue as counsel of record in the lead consolidated action. 

Case 2:23-cv-00382-JRG-RSP Document 99-3 Filed 01/29/24 Page 3 of 4 PageID #: 857 Case 2:17-cv-00572-JRG Document 61 Filed 06/08/18 Page 2 of 3 PageID #: 395
3

Counsel who has appeared pro hac vice in any member case may file a Notice of Appearance in 

the Lead Case without filing an additional application to appear pro hac vice in the Lead Case. 

Counsel who have not appeared in a member case at the point when it is consolidated into the Lead 

Case should file a Notice of Appearance only in the Lead Case, and such Notice should state the 

relevant member case.

Case 2:23-cv-00382-JRG-RSP Document 99-3 Filed 01/29/24 Page 4 of 4 PageID #: 858 Case 2:17-cv-00572-JRG Document 61 Filed 06/08/18 Page 3 of 3 PageID #: 396