UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER RESEARCH LLC,

Plaintiff,

v.

T-MOBILE USA, INC. and SPRINT 

CORP.,

Defendants.

Civil Action No. 2:23-cv-00379-JRG-RSP 

(Lead Case)

FIRST AMENDED DOCKET CONTROL ORDER

In accordance with Dkt. No. 84, it is hereby ORDERED that the following schedule of 

deadlines is in effect until further order of this Court:

Original Date Amended Date Event

May 19, 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

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.

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 1 of 8 PageID #: 4926
- 2 -

Original Date Amended Date Event

10 days before 

Jury Selection

*Plaintiff to disclose final election of Asserted Claims.2

April 21, 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

April 11, 2025 *Pretrial Conference – 9:00 a.m. in Marshall, Texas

before Judge Roy Payne

April 7, 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.

April 7, 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

March 31, 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.

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.

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 2 of 8 PageID #: 4927
- 3 -

Original Date Amended Date Event

March 24, 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.

March 24, 2025 Serve Objections to Rebuttal Pretrial Disclosures

March 17, 2025 Serve Objections to Pretrial Disclosures; and Serve 

Rebuttal Pretrial Disclosures

March 3, 2025

Serve Pretrial Disclosures (Witness List, Deposition 

Designations, and Exhibit List) by the Party with the 

Burden of Proof

February 24,

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 as set forth in 

this Docket Control Order.4 Motions for Summary 

Judgment shall comply with Local Rule CV-56.

February 10,

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.

4 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.

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 3 of 8 PageID #: 4928
- 4 -

Original Date Amended Date Event

February 10,

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.

February 3, 2025 Deadline to Complete Expert Discovery

January 21, 2025 Serve Disclosures for Rebuttal Expert Witnesses

December 30,

2024

Serve Disclosures for Expert Witnesses by the Party 

with the Burden of Proof

December 30,

2024

Deadline to Complete Fact Discovery and File Motions 

to Compel Discovery

November 22,

2024

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

November 1,

2024 November 19, 2024 *Claim Construction Hearing – 9:00 a.m. in Marshall, Texas before Judge Roy Payne

October 18, 2024 November 5, 2024 *Comply with P.R. 4-5(d) (Joint Claim Construction 

Chart)

October 11, 2024 October 9, 2024 *Comply with P.R. 4-5(c) (Reply Claim Construction 

Brief)

October 4, 2024 October 22, 2024 Comply with P.R. 4-5(b) (Responsive Claim 

Construction Brief)

September 20,

2024 October 8, 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).

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 4 of 8 PageID #: 4929
- 5 -

Original Date Amended Date Event

September 20,

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 6,

2024

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

Construction Discovery)

August 30, 2024 File Response to Amended Pleadings

August 16, 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.

August 9, 2024 Comply with P.R. 4-3 (Joint Claim Construction 

Statement)

July 19, 2024 Comply with P.R. 4-2 (Exchange Preliminary Claim 

Constructions)

June 28, 2024 Comply with P.R. 4-1 (Exchange Proposed Claim 

Terms)

January 16, 2024 Comply with Standing Order Regarding Subject-Matter 

Eligibility Contentions5

January 16, 2024 Comply with P.R. 3-3 & 3-4 (Invalidity Contentions)

December 26,

2023

*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.

5

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

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

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 5 of 8 PageID #: 4930
- 6 -

Original Date Amended Date Event

December 18,

2023

*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.

December 11,

2023

Join Additional Parties

November 20,

2023

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 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

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 6 of 8 PageID #: 4931
- 7 -

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, 

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

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 7 of 8 PageID #: 4932
- 8 -

representative. Once they have appeared, any representative of a non-individual party shall not be 

replaced or substituted without express leave of Court.

Case 2:23-cv-00379-JRG-RSP Document 85 Filed 09/18/24 Page 8 of 8 PageID #: 4933