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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

PEGASUS WIRELESS INNOVATION

LLC,

Plaintiff,

v.

CELLCO PARTNERSHIP d/b/a

VERIZON WIRELESS et al.,

Defendants.

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Case No. 2:23-cv-00640-JRG

(Lead Case)

CELLCO PARTNERSHIP d/b/a

VERIZON WIRELESS et al.,

Counterclaim-Plaintiff,

v.

PEGASUS WIRELESS INNOVATION 

LLC and KT CORPORATION,

Counterclaim-Defendants.

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Case No. 2:23-cv-00640-JRG

(Lead Case)

PEGASUS WIRELESS INNOVATION

LLC,

Plaintiff,

v.

AT&T CORP. et al.,

Defendants.

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Case No. 2:23-cv-00638-JRG

(Member Case)

NEW CINGULAR WIRELESS PCS, LLC,

Counterclaim-Plaintiff,

v.

PEGASUS WIRELESS INNOVATION 

LLC and KT CORPORATION,

Counterclaim-Defendants.

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Case No. 2:23-cv-00638-JRG

(Member Case)

Case 2:23-cv-00640-JRG Document 68 Filed 05/09/24 Page 1 of 7 PageID #: 1166
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PEGASUS WIRELESS INNOVATION

LLC,

Plaintiff,

v.

T-MOBILE USA, INC. et al.,

Defendants.

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Case No. 2:23-cv-00639-JRG

(Member Case)

T-MOBILE USA, INC.,

Counterclaim-Plaintiff,

v.

PEGASUS WIRELESS INNVOATION 

LLC and KT CORPORATION

Counterclaim-Defendants.

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Case No. 2:23-cv-00639-JRG

(Member Case)

FIRST AMENDED DOCKET CONTROL ORDER

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

of this Court:

DCO Deadlines New Deadline Event

September 8, 

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

with notice of the same filed with the Court. 1

10 days before 

Jury Selection

*Plaintiff to disclose final election of Asserted Claims with

notice of the same filed with the Court.2

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 

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August 11, 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

August 4, 2025 *Pretrial Conference – 9:00 a.m. in Marshall, Texas

before Judge Rodney Gilstrap

July 28, 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.

July 28, 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

July 21, 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.

July 14, 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.

July 14, 2025 Serve Objections to Rebuttal Pretrial Disclosures

July 7, 2025 Serve Objections to Pretrial Disclosures; and Serve 

Rebuttal Pretrial Disclosures

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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June 23, 2025 Serve Pretrial Disclosures (Witness List, Deposition 

Designations, and Exhibit List) by the Party with the 

Burden of Proof

June 16, 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 CV7(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.

June 2, 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.

June 2, 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. 

May 23, 2025 Deadline to Complete Expert Discovery

May 12, 2025 Serve Disclosures for Rebuttal Expert Witnesses

April 14, 2025 Deadline to Complete Fact Discovery and File Motions to 

Compel Discovery

April 21, 2025 Serve Disclosures for Expert Witnesses by the Party with 

the Burden of Proof

April 1, 2025 Comply with P.R. 3-7 (Opinion of Counsel Defenses)

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.

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March 11, 2025 *Claim Construction Hearing – 9:00 a.m. in Marshall,

Texas before Judge Rodney Gilstrap

February 25, 2025 *Comply with P.R. 4-5(d) (Joint Claim Construction

Chart)

February 18, 2025 *Comply with P.R. 4-5(c) (Reply Claim Construction

Brief)

February 11, 2025 Comply with P.R. 4-5(b) (Responsive Claim Construction 

Brief)

January 28, 2025 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). 

January 28, 2025 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.

January 14, 2025 Comply with P.R. 4-4 (Deadline to Complete Claim 

Construction Discovery)

January 7, 2025 File Response to Amended Pleadings

December 20, 

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.

December 17, 

2024

Comply with P.R. 4-3 (Joint Claim Construction 

Statement)

November 26, 

2024

Comply with P.R. 4-2 (Exchange Preliminary Claim 

Constructions)

November 5, 

2024

Comply with P.R. 4-1 (Exchange Proposed Claim Terms)

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May 13, 2024 May 17, 2024 Comply with Standing Order Regarding Subject-Matter 

Eligibility Contentions5

May 13, 2024 May 17, 2024 Comply with P.R. 3-3 & 3-4 (Invalidity 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-threering 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;

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

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

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(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. 

Other than as set forth in the above deadlines, 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.

So Ordered this

May 9, 2024

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