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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

Case No. 2:23-cv-00470-JRG-RSP 

(LEAD CASE) 

DOCKET CONTROL ORDER

In accordance with the scheduling conference held in this case and the parties’ agreed-to 

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

order of this court. 

Original Date Amended 

Date

Event

July 21, 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.

10 days before Jury 

Selection

*Plaintiff to disclose final election of Asserted Claims.

XR COMMUNICATIONS, LLC, dba 

VIVATO TECHNOLOGIES,

Plaintiff,

v. 

VERIZON COMMUNICATIONS, INC.; 

CELLCO PARTNERSHIP D/B/A VERIZON 

WIRELESS,

Defendants.

ERICSSON INC.;

NOKIA OF AMERICA CORPORATION,

Intervenors.

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June 23, 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.1

June 16, 2025 *Pretrial Conference - 9:00 a.m. in Marshall, Texas

before Judge Roy Payne

June 9, 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.

June 2, 2025 June 9, 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 27, 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.

May 27, 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

May 27, 2025 Serve Objections to Rebuttal Pretrial Disclosures

May 19, 2025 Serve Objections to Pretrial Disclosures; and Serve 

Rebuttal Pretrial Disclosures

May 5, 2025 Serve Pretrial Disclosures (Witness List, Deposition 

Designations, and Exhibit List) by the Party with the 

Burden of Proof

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

in Advance of Voir Dire. 

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April 28, 2025 *Response to Dispositive Motions (including

Daubert Motions). Responses to dispositive motions

that were filed prior to the dispositive motion

deadline, including Daubert Motions, shall be due in

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

the deadline asset forth in this Docket Control Order.2

Motions for Summary Judgment shall comply with

Local Rule CV-56.

April 14, 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.

April 14, 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.

April 7, 2025 Deadline to Complete Expert Discovery

March 24, 2025 March 27,

2025

Serve Disclosures for Rebuttal Expert Witnesses

March 3, 2025 February 21,

2025

Deadline to Complete Fact Discovery and File 

Motions to Compel Discovery

March 3, 2025 February 28,

2025

Serve Disclosures for Expert Witnesses by the Party 

with the Burden of Proof

February 25, 2025 Comply with P.R. 3-7 

(Opinion of Counsel Defenses)

February 4, 2025 *Claim Construction Hearing - 9:00 a.m. in

Marshall, Texas before Judge Roy Payne

January 21, 2025 *Comply with P.R. 4-5(d)

(Joint Claim Construction Chart)

January 14, 2025 January 16,

2025

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

(Reply Claim Construction Brief)

January 7, 2025 January 9,

2025

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

(Responsive Claim Construction Brief)

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 The parties are directed to Local Rule CV-7(d), which provides in part that “[a] party’s failure to oppose 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.” If the deadline under Local Rule CV 7(e) exceeds the deadline for 

Response to Dispositive Motions, the deadline for Response to Dispositive Motions controls. 

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December 24,

2024

December 12,

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).

December 24,

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.

December 10,

2024

November 21,

2024

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

Construction Discovery)

December 3, 2024 File Response to Amended Pleadings

November 19,

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.

November 12,

2024

November 4,

2024

Comply with P.R. 4-3

(Joint Claim Construction Statement)

October 22, 2024 October 10,

2024

Comply with P.R. 4-2

(Exchange Preliminary Claim Constructions)

October 2, 2024 September 26,

2024

Comply with P.R. 4-1

(Exchange Proposed Claim Terms)

February 29, 2024 Comply with Standing Order Regarding SubjectMatter Eligibility Contentions3

February 29, 2024 Comply with P.R. 3-3 & 3-4 

(Invalidity Contentions)

February 8, 2024 *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.

3 http://www.txed.uscourts.gov/sites/default/files/judgeFiles/EDTX%20Standing%20Order%20Re%20Su

bject%20Matter%20Eligibility%20Contentions%20.pdf

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February 1, 2024 *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.

January 25, 2024 Join Additional Parties

January 4, 2024 Comply with 

Contentions)

P.R. 3-1 & 3-2 (Infringement

(*) 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 

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:

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(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 isset 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, 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.

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.

.

____________________________________

ROY S. PAYNE

UNITED STATES MAGISTRATE JUDGE SIGNED this 3rd day of January, 2012. SIGNED this 2nd day of February, 2024.

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