IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

ATHALONZ, LLC,

Plaintiff, 

v. 

UNDER ARMOUR, INC., 

Defendant. 

Case No. 2:23-cv-00193-JRG 

DEMAND FOR JURY TRIAL

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:

Original Date Amended Date Event

March 3, 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.

February 3, 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

January 27, 2025 *Pretrial Conference – 9 a.m. in

Marshall, Texas before Judge

Rodney Gilstrap

January 21, 2025 *Notify Court of Agreements

Reached During Meet and Confer

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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Original Date Amended Date Event

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.

January 21, 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

January 13, 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.

January 6, 2025 January 13, 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.

January 6, 2025 January 13, 2025 Serve Objections to Rebuttal Pretrial 

Disclosures

December 30, 2024 January 6, 2025 Serve Objections to Pretrial 

Disclosures; and Serve Rebuttal 

Pretrial Disclosures

December 16, 2024 Serve Pretrial Disclosures (Witness 

List, Deposition Designations, and 

Exhibit List) by the Party with the 

Burden of Proof

December 9, 2024 *Response to Dispositive Motions

(including Daubert Motions).

Responses to dispositive motions that

were filed prior to the dispositive

motion deadline, including Daubert

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Original Date Amended Date Event

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.2 Motions for 

Summary Judgment shall comply 

with Local Rule CV-56.

November 25, 2024 *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.

November 25, 2024 *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. 

November 18, 2024 Deadline to Complete Expert 

Discovery

November 4, 2024 Serve Disclosures for Rebuttal Expert 

Witnesses

October 15, 2024 Deadline to Complete Fact Discovery 

and File Motions to Compel 

Discovery

October 15, 2024 Serve Disclosures for Expert 

Witnesses by the Party with the 

Burden of Proof

2 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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Original Date Amended Date Event

October 9, 2024 Comply with P.R. 3-7 (Opinion of 

Counsel Defenses)

2 weeks After Court’s 

Issuance of Claim 

Construction Order

Submit Joint Notice Indicating 

Whether the Case Should Be 

Referred For Mediation 

September 18, 2024 *Claim Construction Hearing – 9

a.m. in Marshall, Texas before

Judge Rodney Gilstrap

September 4, 2024 *Comply with P.R. 4-5(d) (Joint

Claim Construction Chart)

August 28, 2024 *Comply with P.R. 4-5(c) (Reply

Claim Construction Brief)

August 21, 2024 Comply with P.R. 4-5(b) (Responsive 

Claim Construction Brief)

August 7, 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). 

August 7, 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.

July 24, 2024 Comply with P.R. 4-4 (Deadline to 

Complete Claim Construction 

Discovery)

July 17, 2024 File Response to Amended Pleadings

July 3, 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.

June 26, 2024 Comply with P.R. 4-3 (Joint Claim 

Construction Statement)

June 5, 2024 Comply with P.R. 4-2 (Exchange 

Preliminary Claim Constructions)

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Original Date Amended Date Event

May 15, 2024 Comply with P.R. 4-1 (Exchange 

Proposed Claim Terms)

November 9, 2023 November 30, 2023 Comply with Standing Order 

Regarding Subject-Matter Eligibility 

Contentions

November 9, 2023 November 30, 2023 Comply with P.R. 3-3 & 3-4 

(Invalidity Contentions)

October 19, 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.

October 12, 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.

October 5, 2023 Join Additional Parties

September 14, 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. 

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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.

.

____________________________________

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 17th day of October, 2023.

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