UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER RESEARCH LLC,

Plaintiff,

 v.

SAMSUNG ELECTRONICS CO., LTD. and 

SAMSUNG ELECTRONICS AMERICA, 

INC.,

Defendants.

Civil Action No. 2:23-cv-00641-JRG-RSP

JURY DEMANDED

FIRST AMENDED 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:

Proposed 

Amended 

Date

Amended 

Date Original Date Event

October 6, 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

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.

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Proposed 

Amended 

Date

Amended 

Date Original Date Event

September 8,

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

September 2,

2025

*Pretrial Conference – 9:00 a.m. in 

Marshall, Texas before Judge Roy Payne

August 25, 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.

August 25, 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

August 18, 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.

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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Proposed 

Amended 

Date

Amended 

Date Original Date Event

August 11, 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.

August 11, 2025 Serve Objections to Rebuttal Pretrial 

Disclosures

August 4, 2025

Serve Objections to Pretrial Disclosures; and 

Serve Rebuttal Pretrial Disclosures

July 21, 2025

Serve Pretrial Disclosures (Witness List, 

Deposition Designations, and Exhibit List) 

by the Party with the Burden of Proof

July 14, 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.

June 30, 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.

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Proposed 

Amended 

Date

Amended 

Date Original Date Event

June 30, 2025

*File Dispositive Motions 

No dispositive motion may be filed after this 

date without leave of the Court. 

Motions shall comply with Local Rule CV56 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. 

June 23, 2025 Deadline to Complete Expert Discovery

June 9, 2025 Serve Disclosures for Rebuttal Expert 

Witnesses

May 19, 2025 Serve Disclosures for Expert Witnesses by 

the Party with the Burden of Proof

May 19, 2025 N/A

Secondary Election of Prior Art 

Defendants shall serve a Secondary Election 

of Prior Art, identifying no more than 6 prior 

art references against each asserted patent.

For purposes of this Final Election of 

Asserted Prior Art, each obviousness

combination counts as a separate prior art 

reference

May 12, 2025 May 19, 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

April 25 ,2025 Comply with P.R. 3-7 (Opinion of Counsel 

Defenses)

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Proposed 

Amended 

Date

Amended 

Date Original Date Event

April 21, 2025 N/A Secondary Election of Asserted Claims 

Plaintiff shall serve a Secondary Election of 

Asserted Claims, identifying no more than 5

claims per asserted patent.

April 4 ,2025 *Claim Construction Hearing – 9 a.m. in 

Marshall, Texas before Judge Roy Payne

March 21, 2025 *Comply with P.R. 4-5(d) (Joint Claim 

Construction Chart)

March 14, 2025 *Comply with P.R. 4-5(c) (Reply Claim 

Construction Brief)

March 7, 2025 Comply with P.R. 4-5(b) (Responsive Claim 

Construction Brief)

February 21, 

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). 

February 21, 

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.

February 21, 

2025

N/A Preliminary Election of Prior Art 

Defendants shall serve a Preliminary 

Election of Prior Art, identifying no more 

than 12 prior art references against each 

asserted patent.

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Proposed 

Amended 

Date

Amended 

Date Original Date Event

February 7, 

2025

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

Claim Construction Discovery)

February 7, 

2025

N/A Preliminary Election of Asserted Claims 

Plaintiff shall serve a Preliminary Election of 

Asserted Claims, identifying no more than 

10 claims per asserted patent.

January 31, 

2025

File Response to Amended Pleadings

January 17, 

2025

*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.

January 10, 

2025

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

Construction Statement)

December 

23, 2024

December 20, 

2024

Comply with P.R. 4-2 (Exchange 

Preliminary Claim Constructions)

December 5, 

2024

November 29, 

2024

Comply with P.R. 4-1 (Exchange Proposed 

Claim Terms)

July 17, 2024 July 10, 2024 Comply with Standing Order Regarding 

Subject-Matter Eligibility Contentions5

July 17, 2024 July 10, 2024 Comply with P.R. 3-3 & 3-4 (Invalidity 

Contentions)

5

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

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

YU5P]

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Proposed 

Amended 

Date

Amended 

Date Original Date Event

June 19, 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.

June 19, 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.

June 5, 2024 Join Additional Parties

May 15, 2024 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) 

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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’).”

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, 

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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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