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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

DAINGEAN TECHNOLOGIES LTD.,

Plaintiff, 

v. 

AT&T CORP., AT&T MOBILITY 

LLC, AT&T MOBILITY II LLC, and 

AT&T SERVICES INC.,

Defendants, 

and ERICSSON INC.,

Intervenor. 

§ 

§ 

§ 

§ CIVIL ACTION NO. 2:23-CV-000123-JRG-RSP

§ 

§ 

§ 

§ 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 DATE1 NEW DATE EVENT DESCRIPTION

January 6, 2025 Unchanged * Jury Selection – 9:00 a.m. in Marshall, Texas

7 days before Jury 

Selection

Unchanged * Defendant to disclose final invalidity theories,

final prior art references/combinations, and

final equitable defenses.2

10 days before Jury 

Selection

Unchanged * Plaintiff to disclose final election of Asserted

Claims.3

1 Current Date reflects date in the proposed DCO provided by the Court at the 

Scheduling Conference. 

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

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

3 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 

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CURRENT DATE1 NEW DATE EVENT DESCRIPTION

December 9, 2024 Unchanged * If a juror questionnaire is to be used, an editable

(in Microsoft Word format) questionnaire shall

be joint submitted to the Deputy Clerk in Charge

by this date.4

December 2, 2024 Unchanged * Pretrial Conference – 1:30 p.m. in Marshall,

Texas before Judge Roy Payne.

November 25, 2024 Unchanged * 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.

November 25, 2024 Unchanged * 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.

November 18, 2024 Unchanged * 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.

November 12, 2024 Unchanged 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.

November 12, 2024 November 13, 2024 Serve Objections to Rebuttal Pretrial Disclosures.

November 4, 2024 November 6, 2024 Serve Objections to Pretrial Disclosures; and 

Serve Rebuttal Pretrial Disclosures.

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

Selection,” and shall not include a specific date.

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

Advance of Voir Dire. 

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CURRENT DATE1 NEW DATE EVENT DESCRIPTION

October 21, 2024 October 23, 2024 Serve Pretrial Disclosures (Witness List, 

Deposition Designations, and Exhibit List) by the 

Party with the Burden of Proof.

October 15, 2024 October 17, 2024 * Response to Dispositive Motions (including

Daubert Motions).

Responses to dispositive motions that were filed 

prior to the dispositive motions deadline, 

including Daubert Motions, shall be due in 

accordance with Local Rule CV-7(e), not to 

exceed the deadline as set forth in this Docket 

Control Order.5 Motions for Summary Judgment 

shall comply with Local Rule CV-56.

September 30, 2024 October 3, 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.

September 30, 2024 October 3, 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 these page limits will only be

granted in exceptional circumstances.

Exceptional circumstances require more than

agreement among the parties. 

September 23, 2024 October 1, 2024 Deadline to Complete Expert Discovery. 

September 9, 2024 September 17, 2024 Serve Disclosures for Rebuttal Expert Witnesses.

August 19, 2024 Unchanged Serve Disclosures for Expert Witnesses by the 

Party with the Burden of Proof.

August 19, 2024 August 12, 2024 Deadline to Complete Fact Discovery and File 

Motions to Compel Discovery.

August 13, 2024 Unchanged Comply with P.R. 3-7 (Opinion of Counsel 

Defenses).

5 The parties are directed to Local Rule CV-7(d), which provides that “[a] party’s failure to 

opposed 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.” 

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CURRENT DATE1 NEW DATE EVENT DESCRIPTION

July 23, 2024 Unchanged * Claim Construction Hearing – 9:00 a.m. in

Marshall, Texas before Judge Roy Payne.

July 9, 2024 Unchanged * Comply with P.R. 4-5(d) (Joint Claim

Construction Brief)

July 2, 2024 Unchanged * Comply with P.R. 4-5(c) (Reply Construction

Brief)

June 25, 2024 Unchanged Comply with P.R. 4-5(b) (Responsive 

Construction Brief)

June 11, 2024 June 4, 2024 Comply with P.R. 4-5(a) (Opening 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 11, 2024 Unchanged 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 28, 2024 May 24, 2024 Comply with P.R. 4-4 (Deadline to Complete 

Claim Construction Discovery).

May 21, 2024 Unchanged File Response to Amended Pleadings.

May 7, 2024 Unchanged * 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 30, 2024 Unchanged Comply with P.R. 4-3 (Joint Claim Construction 

Statement).

April 9, 2024 Unchanged Comply with P.R. 4-2 (Exchange Preliminary 

Claim Construction).

March 19, 2024 Unchanged Comply with P.R. 4-1 (Exchange Proposed Claim 

Terms).

August 31, 2023 September 30, 2023 Comply with Standing Order Regarding SubjectMatter Eligibility Contentions.6

August 31, 2023 September 30, 2023 Comply with P.R. 3-3 & 3-4(b) (Invalidity

Contentions).

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https://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20R

e%20Subject%20Matter%20Eligibility%20Contentions%20.pdf [https://perma.cc/RQN2-YU5P]

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CURRENT DATE1 NEW DATE EVENT DESCRIPTION

September 11, 2023 Comply with P.R. 3-4(a).

August 10, 2023 Unchanged * 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 Unchanged * 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.

July 27, 2023 Unchanged Join Additional Parties.

July 6, 2023 Unchanged Comply with P.R. 3-1 & 3-2 (Infringement 

Contentions).

(*) indicates a deadline that cannot be changed without an acceptable showing of good cause. 

Good cause is not shown merely by indicating 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

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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 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,

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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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