IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

COBBLESTONE WIRELESS, LLC

v. 

CISCO SYSTEMS, INC.

§ 

§ 

§ Case No. 2:23-CV-0454-JRG-RSP

§ LEAD CASE

§

AMENDED DOCKET CONTROL ORDER

In accordance with the Joint Motion to Amend the Docket Control Order (Dkt. No. 59), it is 

hereby ORDERED that the following amended schedule of deadlines is in effect until further 

order of this Court: 

Current Date Amended Date Deadline

June 23, 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

May 27, 2025 * 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

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.

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

Advance of Voir Dire.

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May 20, 2025 *Pretrial Conference - 9:00 a.m. in Marshall,

Texas before Judge Roy Payne

May 12, 2025 *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.

May 12, 2025 *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

May 5, 2025 *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.

April 30, 2025 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. 

April 30, 2025 Serve Objections to Rebuttal Pretrial Disclosures

April 23, 2025 Serve Objections to Pretrial Disclosures; and 

Serve Rebuttal Pretrial Disclosures

April 9, 2025 Serve Pretrial Disclosures (Witness List, 

Deposition Designations, and Exhibit List) by the 

Party with the Burden of Proof 

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March 17, 2025 *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. 

March 17, 2025 *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.

March 10, 2025 Deadline to Complete Expert Discovery

February 26, 

2025 

Serve Disclosures for Rebuttal Expert Witnesses

January 29, 

2025 

Serve Disclosures for Expert Witnesses by the 

Party with the Burden of Proof 

January 15, 

2025 

Deadline to Complete Fact Discovery and File 

Motions to Compel Discovery 

2 weeks After 

Court’s Issuance 

of Claim 

Construction 

Order

Submit Joint Notice Indicating Whether the Case 

Should Be Referred For Mediation 

November 26, 

2024 

*Claim Construction Hearing – 9:00 a.m. in

Marshall, Texas before Judge Roy Payne

November 12, 

2024 

*Comply with P.R. 4-5(d) (Joint Claim

Construction Chart)

November 5, 

2024 

*Comply with P.R. 4-5(c) (Reply Claim

Construction Brief)

October 22, 

2024 

Comply with P.R. 4-5(b) (Responsive Claim 

Construction Brief) 

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October 15, 

2024 

Comply with P.R. 3-7 (Opinion of Counsel 

Defenses)

September 26, 

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).

October 15, 

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.

September 24, 

2024 

File Response to Amended Pleadings 

September 10, 

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.

September 6,

2024 

Comply with P.R. 4-4 (Deadline to Complete 

Claim Construction Discovery) 

August 13, 2024 August 15, 2024 Comply with P.R. 4-3 (Joint Claim Construction 

Statement)

(*) 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 

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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 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’).” 

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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, 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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